Accession No. -^EMO^Y GOLLEGE LIBRARY OXFORD, GEORGIA. REGULATIONS- 1. Two books may be taken at a time by any student or member of the Faculty, or any other person in the village paying Library fees, and no volume shall be re- tained more than two vyeeks without a renewal, and no second fenewal will be allowed without special permission of the Facuity. 2. A fine of ten cents per week will be assessed for each book detained over time, payable on its return. 3. Any person taking books from the Library will be held responsible for their loss or injury. No pen or pencil marks shall be made in the books, and no books shall be lent out of the household of the person responsible for the same. 4. No general reference work shall.at any time be taken from the Library building. 5. Any person willfully violating any of the foregoing rules shall thereby forfeit all right to.the use of the Library. Q *#^0 ^— : ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEYILIE, ATA BIENNIAL SESSION IN NOVEMBER, DECEMBER, AND JANUARY, 1851-'2. PUBLISHED BY AUTHORITY. MACON: SAMUEL J. RAY, STATE PRINTER. 1852. TABLE OP TITLES, DIVISIONS AND SUB-DIVISIONS. PART I. PUBLIC LAWS. title i. academies and fkee schools, 1 " ii. appropriations, 9 " iii. attachment and garnishment, 19 " IY. BANKS AND BANKING. Art. I. General Laws, 51 " II. Central Bank, 27 " III. Private Corporations, 28 " Y. CENSUS j 45 " YI. CONSTITUTION—AMENDMENTS, 48 "* vn. counties and county lines, si " YIII. COUNTY OFFICERS, 77 " IX. deae and dumb, 80 " X. ELECTIONS, 82 " XI. EY1DENCE, 90 " XII. EXECUTORS, ADMINISTRATORS, ORDINARY, &c. Art. I. Court of Ordinary, 91 ." II. Duties, &c., of Executors, &c. 99 " III. "Wills, 104 " XIII. INSOLYENT DEBTORS, 106 " XIY. INTERNAL TRANSPORTATION. Art. .1. Railroads, 107 " II. Steamboat & Canal Co's. 163 " III. Turnpikes & Plank Road Co's. 170 " XV. JOINT STOCK COMPANIES, 193 " XYI. JUDICIARY. ' I. SUPREME COURT, 214 [. SUPERIOR & INF'R COURTS. Art. I. Circuits and Sessions, 219 " . II. Action, Proceedings, Par- ties, &c. 234 " III. Habeas Corpus, 236 " IY. Husband and Wife, 237 " Y. Lien, 237 " YI. Limitation of Actions, 238 •' YII. Mandamus, 241 " YIII. Practice, 242 « IX. Sales, 242 " X. Statute of Frauds, 243 " xyn. justices of the peace, 245 « XYIII. LAND. Art. I. Errors in Grants, 247 " II. Head Rights, Warrants, &c. 248 " HI. Fraudulent Draws, Frac- tions, &c. 250 table of titles, divisions and sub-divisions. TITLE XIX. LAWS, 532 " XX. LUNATIC ASYLUM. 512 " XXI. MILITIA, 552 " XXII. PEDLERS, 602 " XXHI. PENAL LAWS. Aet. I. Amendments to Code, 261 ■" II. Othee Acts, 269 « XXIY. PHYSICIANS, 271 " XXV. EIYERS. Aet. I. Altamaha and Teibutaeies, 272 " II. Chattahoochee & Teibutaeies, 276 " III. Coosa and Teibutaeies, 278 " XXYI. ROADS, BRIDGES, AND FERRIES, 280 " XXVII. SLAVES, PATROL, AND FREE.PER- SONS OF COLOR, 286 " XXYIII. TAX, 288 PART II. LOCAL AND PRIVATE LAWS. TITLE I. ACADEMIES, COLLEGES, TEACHERS OF POOR, &c. 297 « n. APPROPRIATIONS, 313 " III. ATTORNEYS, 353 « IY. CHURCHES AND CHARITABLE IN- STITUTIONS, 355 « Y. CITIES AND TOWNS, 386 « YI. COUNTY OFFICERS, 138 « YII. COUNTY REGULATIONS, 117 " YIII. COUNTY SITES & COURT-HOUSES, 155 " IX.. ELECTION PRECINCTS, 461 " X. EXECUTORS, ADMINISTRATORS, ORDINARIES, &c. 166 « XI. GRANTS, 171 " XII. INCORPORATIONS, 175 « XIII. JURORS, COURTS, &c. 182 " XIY. LEGITIMATING ACTS & CHANGE OF NAMES, 196 « XY. LOTTERIES, 501 " XYI. PARDONS, 508 " XYII. PEDLERS, 501 « XYIII. PHYSICIANS, 515 " XIX., PILOTAGE, 513 « XX. RELIEF, 515 " XXI. RIVERS AND DAMS, 521 " XXII. ROADS, BRIDGES, AND FERRIES, 522 « XXHI. TAXES, TAX COLLECTORS, &c. 529 " XXIY. YOLUNTEER COMPANIES, 536 IV STATUTES OF GEORGIA, passed by the GtEieral Assembly oe mi & m PART I — PUBLIC LAWS title i. ACADEMIES AND FREE SCHOOLS. Sec. 12. Officers. " 13. Powers of Trustees. " 14-. Selection of Indigent Blind. " 15. Appropriation therefor. , " 16. Visitors to Military Institute. / " 17. State Cadets—Selection. " 18. Pledge to teach. •' 19. Appropriation therefor. " 20. Board—Quorum, &c. " 21. Expenses to he paid. " 22. Repealing clause. An Act to provide for the Education of the Poor. Ap- proved January,22, 1852. i 1. Section 1. Be -it enactedly the General Assembly of Bankg stock the State of - Georgia, That Eighteen Hundred and Thirty- Three Shares of the Capital Stock of the Bank of the State ^euc#£0°° of of Georgia, Eight Hundred and Hinety Shares of the. Capital Stock of the. Bank of Augusta, and One Hundred and Eighty-Six Shares of the Capital Stock or the Georgia Railroad and Banking Company, all belonging to this State, be hereby set apart as a permanent fund for the education Otherstockto of the Poor; and the said Fund shall be increased by so be purchased, many Siares of the Capital Stock of either of said Banks, as can b*e purchased with the unexpended balancfe, if there Sec. 1. Education Eund. " 2. Distribution of Income. " 3. Ordinary—School Commissioner. " 4. Provision for Chatham county. " 5. '• Union county. " 6. Dufies of School Commissioner. " 7. Act to he given in charge. ' " 8. Repealing clause. , -x " 9. Georgia Academy for the Blihd. !' 10. Constitution and By-Laws- ' " 11. Gifts and bequests to. 2 ACADEMIES AHD FREE SCHOOLS—1851-2. Educational Fund—Counties excepted. be any, in the Treasury of the' thirty thousand dollars ap- propriated to defray the expenses of the State Convention of 1850, and with all the available assets of the Central jwBank, after the payment of its debts; and the Treasurer of urer' the State is hereby required to make such purchase in whole or in part, according to -the means at any time avail- able therefor, and the scrip of the Stock so belonging to the State, and [that] is to be purchased,'-shall be under the who shaii control and management of the Treasurer for the purposes aforesaid. _ , Income how ,2. Sec. 2. The income of the Permanent Fund aforesaid, distributed, (qyiqeq yearly among those counties which may have at the Treasury of this State, by the First of Decern- ber in each year, lists of their poor children, in the man- Quota of each ner hereinafter pointed' out; the division to be in propor- county. qon the number of names on the respective lists, rand To whom the quota of each county to be paid to the School Commis- Paid. sioner's order, under the seal of his office, ordinary to 3. Sec. 3. The Ordinary of each county shall be ex officio # commissioner School Commissioner thereof, and shall take an oath and oauiftnd. enter into an obligation as part of his official bond as Ordi- nary, to .discharge all the duties of School Commissioner, as prescribed by this Act, and to faithfully apply all the moneys which may come into, his hands in that capacity. Compensat'n. Hp shall also be entitled to retain as a compensation for his services as such Commissioner, two and one-half per centum upon all such moneys as he may receive, and the same per centum upon all such moneys as he may pay out, Lumpkin and under the provisions of this Act; Provided, That no pro- H^excepled.' vision of the foregoing Act shall repeal or militate against the provisions of an Act assented to the 24th of Decern- ber, 1847, prescribing the mode of disbursing the Poor School Fund,. and the election of District Treasurers, enti- tied an Act to amend an Act to provide for the Education of the Poor, so far as the counties of Lumpkin and Pabun are concerned. Provision as 4. Sec. IY. And be it further enacted, That all the couS?^"1 duties imposed by the provisions of this Act upon the Or- dinaries of each county, shall in the county of Chatham be discharged by the Justices of the Inferior Court, and the said Justices are hereby authorized to appoint one or more fit and proper persons who shall Act as School Com- missioner or Commissioners for said county, and who shall discharge the duties imposed by this Act upon the Select Commissioner under such regulation as the said Inferior Court may prescribe, union county 5. Sec. V. And be it further enacted, That the county excepted. • 0f Union be exempt from, the provisions of this Act, and. ACADEMIES AND-FREE SCHOOLS. 3 Distribution—Ordinaries—Commissioners.. * that the Poor School Fifnd of said county he disbursed under the heretofore existing law; Provided, That said county is not to be excluded from the benefit of any Fund raised under this Act. 6. Sec. VI. The duties of School Commissioner in each g duties^ county, shall be the following: .He shall levy and cause to miners?"1' be collected by the Tax Collector of the county, such Tax as may be recommended by the Grand Jury of the first Superior Court in each year, for the purpose of educating the Poor, and shall take charge of the same when collect- ,ed. He shall, each year, between the first of September and the first of November, make and keep in a book for that purpose, a list of all such children in the county,\ be- List of chii- tween the ages of eight and sixteen* years, as he maythfa^ofs deem unable, from the poverty of themselves or parents,and 16 years* to procure a'plain English education without public assist- ance ; and to assist him in making such list he shall ap-Assistants.in point two persons in each Militia District, to give him in-each dlstricU formation respecting the poor children thereof; which per- sons shall take an oath in writing, before the Ordinary, to Their oath, faithfully discharge the duties of their appointment, and to return only such children, as in their opinion, are enti- tied to the benefits of this Act. He shall, within the first week of November, each year, forward one copy of said List to be sent list for that year "to the Treasurer of this State, and shall,to Treasurer' by the first of December in each year, have at the State Treasury his order, under the seal of his office, for the order for quo. quota of his county in the State dividend aforesaid. Heta* shall lay a copy of this list for the year next last before copy list to-be the Grand Jury of the first Court in each year, and shall GrandbfSy. also lay before them his written estimate of what County Also estimate Tax will be necessary to secure the tuition of all such chil-forTax' dren as may be entitled to be placed on the list for the year then present. He shall pay Teachers of Poor Children inModeoffoay- the following manner, that is to say : He shall keep on file ^Tefchere!8 every such account for the tuition of children on the list for each year, as shall be rendered to him on or before the 2&th of December in that year, proven by the oath of the' Teacher, specifying the number of days each child was taught, not exceeding the usual rates of such Teacher, nor exceeding such maximum as may be established Ijy the Ordinary in each county; and • after the 25th of Decern- ber he shall proceed to pay all such accounts in full, if the funds in hand be sufficient, or rateably, if insufficient, and always keeping as a fund for the next year, any surplus Disposition of rtl-i rvtotr Surplus. * Six to sixteen by Act of 1850. (New Digest 7.) 4 ACADEMIES AND FREE SCHOOLS--1851-2. Judges Charge—Academy for the Blind. The judges to 7. Sec. YII. The Judges of the Superior* Courts shall cf/arge.'' ™ give this Act specially in charge to the Grand Juries 'of the first courts in each year, together with suggestions and arguments upon the duty and policy of educating the poor; Provision as Provided, That the returns of poor children in the coun- Eumpkinandties embraced, in the third and fifth sections of this Act, umoncos. gpap pe ma(}e mic[er the oath and in the manner prescri- bed in the sixth section ; and Ordinaries in said counties shall be entitled to retain their ' commission on the State Fund received, but not on its disbursement. * Regaling 8. Sec. YHI. All laws and parts of laws at all conflict- c ause' ing with this Act, are hereby repealed.* JAMES A. MERIWETHER, Speaker of the House of Representatives. ANDREW J.' MILLER,. President of the Senate. .Approved January 22, 1852. HOWELL COBB, Governor. (No. 2.) 'An Act to incorporate and endow the Georgia Academy for the Blind.. Approved January 19, 1852. The Georgia 9. Section I. Be it enacted by the Senate and House 4eaBik$ fn- of Pejoresentatives of the State of Georgia in General corporated. Assembly met, and it is hereby enacted by the authority of the same, That Nathan C. Munroe, Absalom H. Chappell, John B. Lamar, Edwin B. Weed, James M. Green, Edwin Graves, and Robert A. Smith, Trustees of the Georgia Academy for the Blind, and all who, according to the Con- stitution and Laws, are or shall become members thereof, be and they are hereby declared to be a body corporate, by the name and style of " The Georgia Academy for the Blind,J' and by the same corporate name shall have per- Powers and petual succession, be capable to buy, hold, and sell real liabilities. anc[ personai estate, make contracts, sue and be sued, to use a common seal, and to break or renew the same at pleasure. * This Act modifies the provisions of the Act of 1843, (New Digest, page 5,) especially the second and third sections. The discretion given by the second section, in apportioning the funds, is repealed by the sixth section of this Act 'ACADEMIES ' AND FREE SCHOOLS—1851-2. 5 Gifts and Bequests—Selection of Indigent Blind. 1 m — r * * 10. Sec. II. And be it; further enacted, That the said By.Laws. Academy shall he governed by such Constitution and Laws as are how in existence, "until the same be altered by the members thereof; and that the members of said Acad- emy shall have power to make, alter, or repeal their Con- stitution and Laws, in such manner as'they shall deem ex- pedient: Provided, That nothing in the same be contrary to the Constitution and Laws of this State, or of the Uni- ted States. * HI. Sec. 3. And be it further enacted, That the Trustees Gifts and Be- of said Academy shall be empowered to receive all gifts,quests' grants, legacies, privileges and immunities, which now be- long to said Academy, or which hereafter may be made or becpieathed to it, and no misnomer of the corporation, or other technical error, shall prevent its l^ght from vesting whenever it may appear, or shall be'ascertained that it was the intention of the party or parties, to give, grant, or be- queath apy properly, real or personal, or any right or in- terest to the said corporation. 12. Sec. IY. And be it further enacted, That the Trus-office«™ap. tees aforesaid, shall have the power of appointing such 0f_pommen' ficers, teachers, and matrons, as may be necessary for said Academy; to fix their salaries and prescribe their duties, and the Same, or any of the same, to remove or discontin- RemoVai. ue when they may think proper. 13. *Sec. Y. And be it, further enacted, That the Trus- Powers of the tees aforesaid shall* have a general supervision and controlTrustees- over the affairs of said Academy, shall prescribe the course of studies, establish the rates of tuition, adjust the expen- ses, and adopt such regulations, not otherwise provided for, as the interest of the Academy may require. ' 14. Sec. YI. And be it f urther enacted, Tha^ the Trus- Selection and tees aforesaid, shall'select indigent blind persons from dif < iSnt bhn°df ferent counties of the State, between the ages of twelve and thirty, and maintain and educate them gratuitously, so far as the funds of said Academy will admit. The said Trustees shall present an Annual Report to his Excellency Annual Re. the Governor, containing the number of such indigent pu- ffovemor? pils, with their names and places of residence ; also, a de- tailed report of the condition of said Academy, and of the , number of pupils therein; accompanied with a statement of all Receipts and Expenditures during the preceding year. 15. Sec. YII. And be it further enacted, That to aid w,oooag. the funds, and defray the expenses of the said Academy,propna his Excellency, the Governor, is hereby authorized and re- quired to draw his warrant on the State Treasurer, in favor of the Trustees aforesaid, for the sum of five thousand dol- 6 ACADEMIES AHD FREE SCHOOLS—1851-2. Military Academy—Board of Visitors^ lars, to be paid in tbe year 1852, and shall draw his war- rant on the State Treasure^, in favor of the said Trustees, for the further sum of five thousand dollars* to be paid in the year eighteen hundred and fifty-three.* (Ho. 3.) An Act to*provide for the education of a certain number ' of State Cadets in the Georgia Military Institute / to defray the expenses of the same, and for other purpo- ses therein mentioned. Approved January 21,1852. 16; Section I. 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 cmthority of the same, That his Excellency the Governor shall annu- ally appoint six fit and proper persons, who shall constitute Board'of vis. a £>oard of Visitors for said Institute", whose duty it shall be Suai meet-011 or before the first day of February next, and annually ins- thereafter, at such times as they themselves shall designate, to meet at said Military Institute; and then, in cqnjunc- tion with a Committee of six of the Trustees of said Insti- Bnies and tute, to establish and declare such rules and regulations regulations. for government of said Institute, as may be deem- Duties. ed necessary and proper. Said Visitors shall inspect the public arms and other property of said Institute, and Eep0rt. make a minute and full report of their condition, as well as the condition of said school, to the Governor, to be by him laid before the General Assembly at its regular ses- sions. IT. Sec. II. And be it further enacted, That said Board of Visitors shall have power and authority to admit as state cadets. State Cadets, in said Military Institute, any number of young men not exceeding ten, and who shall not be under Betweeni4& fourteen nor over twenty-five years of age; the selection of said young men to be made upon undoubted evidence Selection how of fair moral character, and in the proportion of one from made- each Congressional District of this State, and two from " the State at large ; Provided, The Cadets shall be taken one from each county in the Congressional District, until * For former provision in favor of Indigent Blind Persons,—see New Digest, 220. ACADEMIES AMD EKEE SCHOOLS—1851-2. 7 » President of Board—Quorum. , La all have sent one. In the event any of said districts shonld fail to offer an applicant, or from reasonable objections, to be judged of* by said Board of Visitors, the said Board, after giving due notice of such deficiency, shall proceed to vacancies fill the vacancy or vacancies, with proper applicants fromhow fiUed- any of the other districts: Provided, That said Board provision 33 shall not confer the appointment of State Cadet upon anyt0 property- applicant whose pecuniary' means are sufficient to defray his own expenses in said Institute, and should it be ascer-' tained, after any appointment is made, that the pecuniary means of such appointee are sufficient to defray his own expenses, such Cadet shall be transferred to the list of pay Cadets in said Institute, and cease to enjoy the privileges conferred upon the State Cadets, and the vacancy thus ere- ated filled by appointment of said Board. ■ 18. Sec. III. Be it further enacted by the authority aforesaid, That every Cadet who shall be received in said Pledge of Institute, on State account, shall be required to sign a writ-fottelcLadets ten pledge of honor, to act in the capacity of Teacher in one of the schools within this State, for the term of two years, after finishing his course of said Institute, unless ex-How excused, cused for sufficient reasons by the Board of Visitors, with the concurrence of the Governor of the State : Provided, That nothing in this Act shall be so construed as to deprive said Cadet, of any portion of his tuition fees in the schools in which he shall teach. 19. Sec.. IV. Be it further enacted, &c., That the- sum of Two Thousand Dollars annually be and the same is $2,000 appro- hereby appropriated out of any unappropriated money in.priated- the Treasury, for the support and education of the Cadets, not exceeding ten in number, that may be admitted into said Georgia Military Institute, as herein before provided for. That the Governor of this State and his successors in office, shall draw his warrant upon the Treasurer of this To be paid State, in favor of the Treasurer of said Institute, for one-Quarterly- fourth of said sum of two thousand dollars, at the expira- tion of every three months, upon the production to his Ex- cellency of a certificate of the President of the Board of on what evi- ■ Trustees, countersigned by the Secretary, with the Seal (ifdence- any) of said Board, that said Institute is furnishing tuition, board, washing, fuel, lights, and all other necessary expen- ses in said Institute, except clothing, books and stationary, for all of said State Cadets, admitted as aforesaid and not transferred to the list of Pay Cadets, under the second sec- tion of this Act. 20. Sec. V. Be it further enacted, dec., That his Ex-governor cellency the Governor, and his successors in office, be and JS?nt ez hereby are nominated and respectfully appointed ex officio 8 ACADEMIES AND FEi:E SCHOOLS—1851-2. Vacancies and Expenses. » r-F* * 1J President of said Board of Visitors, provided for by this Four to form Act,; that any four of said Board of Visitors shall form a a quorum. qUOrum. competent to the transaction of all •business, and vacancies that all vacancies in said Board, by death, resignation or how mied. other cause, shall be immediately communicated to the Governor by the residue of said Board, who shall thereupon proceed to supply the same. expenses of 21. .Sec. VI. Be it further enacted, That all reasonable vigors to beeXpenses incurred by the members of said Board of Vis- itors, in discharging the duty hereby imposed upop. them, not including, however, any wages or per diem compensa- tion, shall be allowed them by the Governor, and caused to be paid by his warrant in their favor, respectively, drawn upon the State Treasurer. ~ repealing 22. Sec. VII.. Be it further enacted, dec., That all laws dause. anc[ parts of laws militating against the provisions of this Act, be and the same are hereby repealed. 'APPROPRIATIONS. For Members of Assembly. 9 APPROPRIATIONS* TITLE II. Sec. 1. $30,000 for Members. " 2. How .paid. " 3. $4,000 Printing fund. " 4. $4,000 for repairs Executive Mansion. " 5. How disbursed. " 6. $20,000 Contingent Funds. " 7. $50 to W. Dearing. " 8. Various salaries. " 9. Military fund. " 10. Printing fund. " 11. Officers of Asylum. " 12. For State House Clock. " 13. Members of Assembly. " 14. Secretary and Clerks. " 15. Doorkeeper and Messenger. " 16. Inspector of Penitentiary. " 17. Guard and others. '* 18. Payments by Treasurer. " 19. Committee on W. & A. R. R. " 20. Clerk of Com. on Pen. " 21. Miltary Storekeeper at' Savannah* Sec. 22. To, Jesse c. Farrar. " 23. To David Kramer. " 24. John J. Word. 25. H. R. Deadwyler. 26. Witnesses on contested election. 27. J. Tomlinson and others. 28. For repairing Arsenal. 29. To Drs. Pearce, Talmage & Mercer. 30. Military Storekeeper,—Milledgeville. 31. Library fund. 32.' State Librarian—Duties. 33. To James R. Butts. ' 34. To" debts of Peitentiary. 35. Repairs to do 36. To James R. Butts. 37. To B. F. Dense. 38."To B/B. Moore. 39. To Jno. Cutchen. 40. T. R. R. Cobb. 41. For takipg Census. (No. 4.) An- Act to appropriate money for the purposes therein Approved, November 22nd, 1851. the Assembly, 1. Section I. Be it enacted by the Senate and House of JRepresentatmes, and it is hereby enacted by the authority, aforesaid, That the sum of thirty thousand dollars be and $30,000appro, the same is hereby set apart and appropriated ont of any money In the Treasury not otherwise appropriated, for the partial payment of the Members of the present Legislature and its Officers. 2. Sec. II., And be it further enacted by the authority aforesaid, That the Treasurer be,, and he is hereby author- ized, to pay upon the receipt of the several Members of the over topthem.' Legislature or its Officers, an amount not exceeding seven- ty-five per cent, of the pay and .mileage,to which they would be entitled, assuming the compensation allowed by the Appropriation Acts of 1849 and 1850, as the basis of such advances, provided, that in no case whatever, shall *See Deaf and Dumb, sec. 1. 2. Internal Transportation, (W. & A. R. R.) sec. 20. For various appropriations for the relief of individuals in separate Acts, see part II.—Private and Local Acts. For appropriations for Improvement of Rivers, see Title "Rivers." 10 APPROPRIATIONS. " L < i Printing Appropriation—Executive Mansion- such Treasurer be authorized to make advances for services not performed. • 3. Sec. III. Be fwether enacted, That the sum of four pri'ated as part thousand dollars be and is hereby appropriated as a part of Fund.ntinB the printing fund for the year 1852, and the Treasurer be and he is hereby authorized to pay the same to Samuel J. Ray, the State Printer, upon the warrant of his Excellency the Governor. (No. 5.) An Act to expropriate money for repairing and furnish- ing the Executive Mansion, and for erecting am addi- tional building within the enclosure of the same for servants. Approved, November 25th, 1851. • 4. Section I. Be it enacted by the Senate and House of Representatives, of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of $4 ooo a ro- same, That the sum of four thousand dollars be, and pnatedjo^ the same is hereby appropriated out of any monies in the anjS™(Man. Treasury not otherwise appropriated, for the repairs of the sion, c. Executive -Mansion; the purchase of furniture therefor, - and for the erection of an additional building for servants. to be expend- Sec. II. And be it further enacted, That the sum of ^hafrman of m°ney appropriated by this Act, or so much thereof as mittee.Com" % necessary, shall be expended by the Chairman of the Joint Committee appointed to examine the Executive Mansion under the supervision of the Governor. (No 6.) An Act appropriating money as a Contingent fund for the political years Eighteen Hundred and Fifty Two and Eighteen Hundred and Fifty Three, and for the payment of arrearages chargeable to the Contingent fund of Eighteen Hundred and Fifty One. APPROPRIATIONS, 1851-'52 11 W. Dearing. 6. Section I. Be it enacted by the Senate and Souse of Representatives of the State of Georgia in General Assembly met, and %t is hereby enacted by the authority of the same, That the sum of 'ten thousand dollars he appro- fe priated as a Contingent fund for the year eighteen hun- each852& 1853 dred' and fifty two; and the sum of ten thousand dollars be appropriated as a Contingent fund for the year eighteen hundred and fifty three; and that the sum of four thousand dollars be appropriated to the payment of the185L arrearages chargeable to the Contingent, fund of eighteen hundred and fifty one. (No 7.) An Act to appropriate money for the purposes therein designated. Approved, January 22nd, 1852. 7. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the Governor of this State be, and he is $50 appr0 hereby authorized and requested to draw his warrant upon nlari^, the Treasury, in favor of ¥m. Dearing, of DeKalb county, f0vrexaxfment for fifty dollars and eighty-seven cents, it being the amount over paid by him in taxes to the State for the year 1849; and that Young L. G. Harris, a Representative from Clarke county, be authorized to draw and receipt for the same. » (No. 8.) An Act to appropriate money for the support of the Government for each of the political years 1852 and 1853, and for other purposes therein, specified. Appro- ved, January 21,1852. 8. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of 12 APPROPRIATIONS—1851-2. Military Fund—Printing Fund—Officers of Asylum. the same, That the following sums of money, be and the same are hereby appropriated, and set a part for the sup- ° ^ " 11 ""'deal years eighteen hun- A ■ „ . - ■ Salary ot his Excellency, salaries of the Governor, Three Thousand Dollars per annum for. each Governor. year • For the payment of the Salaries of the Secretary of state House State, Treasurer, Comptroller General, and Surveyor Gen- officers, eral, Sixteen Hundred Dollars each, per annum, for each, year; Por the payment of the Salaries of the Secretaries of Governor's- the Executive Department, not exceeding three, Twelve secretaries. Hundred and Pity Dollars, each, per annum, for each year; Attorneys and Por the payment of the Salaries of the Attorney General soi'r General. an(j the Solicitors General, Two Hundred and Twenty-five Dollars each, per annum, for each year; For the payment judges of sn. of the Salaries of the Judges of the Supreme Court of the preme Comt. gtate of Georgia, Two Thousand Five Hundred Dollars each, per annum, for each year ; Por the payment of the of the Supe- Salaries of the Judges of the Superior Courts of the North- nor court. ern^ Western, Middle, Southern, Eastern, Ocmulgee, Flint," Chattahoochee, Cherokee, South-Western, Macon, and Blue Ridge Circuits, the sum of Eighteen Hundred Dollars each per annum, for each of the years, Eighteen Hundred 'and Fifty-two, and Eighteen Hundred and Fifty-three. ' 9. Sec. II. And be it further enacted, That the sum of Military fund. One Thousand Dollars be appropriated as a Military Fund, for the year Eighteen Hundred and Fifty-two, and One Thousand Dollars, for the year Eighteen Hundred and Fifty-three. . . 10. Sec. IH. And be it farther enacted, That the sum' Printing fund-of Twelve Thousand Dollars, be appropriated as a Print- ing Fund, for the year Eighteen Hundred and Fifty-two, and Five Thousand Dollars, for the year Eighteen Hundred and Fifty-three. 11. Sec. IY. And be it farther enacted, That the sum of Sixteen Hundred Dollars, be appropriated for the pay- LM^ttoAsy- ment the Salary of the Physician and Superintendant of ium. the Lunatic Asylum, for the year Eighteen Hundred and Fifty-two, and the same amount for the year Eighteen Hundred and Fifty-three; The sum of Seven Thousand, Six Hundred and Forty-five Dollars for the pay of the Trustees, Attendants and Servants hire, Treasurer and Subordinate officers, for each of the years Eighteen Hun- dred and Fity-two and Eighteen Hundred and Fifty-three ; and for the support of Pauper patients in said Asylum, the sum of Ten Thousand Dollars per annum, for each of the years Eighteen Hundred and Fifty-two and Eighteen Hundred and Fifty-three. hundred and fifty-three, APPROPRIATIONS—1851-2. 13 - Members of Assembly—Clerks, &c. 12* Sec. Y. And be it further enacted, That tlie sum of fw repairing, fifty dollars per annum, for each of the years eighteen hun- Houw clock, dred and fifty-two and eighteen hundred and fifty-three, he appropriated to pay some fit and proper person, to he selected by his Excellency the Governor, "for winding up and keeping in repair the State ITouse Clock. Provided, the said person so selected, shall put in thorough repair, 'the Clock in all its parts, at as early a day as is practicable. 13. Sec. VI. And be it further enacted,' That the sun\of tof ^embers six dollars each per day, be paid to the^ President of the Assembly. -Senate and the Speaker of the House of' Representatives, during the present "session of the General Assembly, and the sum of four dollars for every twenty miles travel, in coming to and returning from the Seat of Government. The sum of five dollars each per day to the Members of the General Assembly during the present session. Provi- ded, That no member shall receive pay for any time, after having left for the remainder of the session, or for any time . he may have been absent without leave, except from sick- ness- of himself or family; and the sum of four dollars for every twenty miles travel, in coming to, and returning from the seat of Government. 14. Sec. YII. To the Secretary of the Senate and Clerk ssernlteTa«d of the House of Representatives, five hundred dollars each, glerkf for the year eighteen hundred and fifty-two. Provided,and clerks- " That no warrant shall issue for the first quarters salary, of either, until his Excellency, the Governor, shall have sat- isfactory evidence, that they .have respectively made or caused to be made, and attached to the Journals of their respective Houses, a good and sufficient index; and have neatly labelled and filed away, all the Reports of Standing' Committees, and all other papers of any importance, con- nected with either House. The sum of seven dollars each per day to the Secretary and Assistant Secretary of the Senate, the Clerk and Assistant Clerk of the House of i Representatives, »and the sum of eight dollars per day, be paid to the Journalizing Clerk of the House of Represen- sentatives, and the Journalizing Clerk of the Senate, dur- ing the present session, and the sum of fifty dollars each, to the Secretary of the Senate, and Clerk of the House for contingent expenses of their respective offices. The sum of six dollars each, per day to the Enrolling and Engross- ing Clerk* of the Senate and House of Representatives, during the time they may be actually employed in their respective offices, which shall only be allowed them upon the certificate of the Secretary or Clerk, stating that he required their services, and that they were performed as charged for. u APPROPRIATIONS—1851-52. Miscellaneous. Doorkeepers 15. Sec. VIII. The sum of six dollars each, per day to & messengers. Door Keepers, and Messengers of the Senate and House of Representatives, during the present session. , inspector of 16. Sec. IX. For the salary of the Inspector of the Penitentiary. penitentiaiy? the sum of five hundred dollars per annum, for each of the years eighteen hundred and fifty-two and eighteen hundred and fifty-three. 17. Sec. X. And he> it further enacted, That the sum eleven hundred dollars, for the payment of wages of State state House House Guard, for each of the years eighteen hundred and Guard. fifty_two and eighteen hundred and fifty-three. The sum Messenger of of five hundred dollars per annum, for the pay of Messen- Ex. Dep. ger to tjie ExecutiYe Department, for each of the years eighteen hundred and fifty-two and eighteen hundred and fifty-three. That the sum of three hundred and sixty-one to e. h.5 dollars and twenty cents, be paid to Eli H. Baxter, execu- Bo?Tr.' wfrtor or administrator of Thomas W.Baxter, deceased, it Bnxter. the amount audited and allowed to him, under an Act passed 24th December, 1845, setting apart money for the payment of audited accounts against the Peni- tentiary, which sum not being called for within the time allowed by the law, on account of the illness of the said To. r. r.. Ti W. Baxter, reverted back to the Treasury. The sum of cobh, for Dr teil thousand dollars balance, for the purpose of paying for three thousand copies of T. R. R. Cobb's Digest,- subscrib- ed for by his Excellency,-Governor Towns, under aresolu- tion of the last Legislature. * payments by 18. Sec. XL And'he itfurther enacted, That the. Treas-. beforeXerurer, be authorized to pay from time to time, to officers of qupbS.ex the Government, whose salaries are appropriated by this Act, seVenty-five per cent, of the amounts, for Addch ser- vice has actually been rendered at the date of said payment, taking receipts from said officers for the same, which re- ceipts shall be his vouchers, and are hereby declared as off- sets to the extent of said payments, to Executive warrants drawn at the end of the quarter, for said officers salary. Expenses of 19. Sec. XII. And he it further enacted,, That the sum wra&'A?R!°f three hundred dollars, be appropriated for the payment of the expenses incurred by the Committee, appointed under a resolution of the House, to examine the Western and Atlantic Railroad, and that the same be drawn by the Chairman of said Committee, by Warrant of the Governor. 20. Sec. XIH. And he it further enacted, That the sum Clerk of Com. of one hundred and fifty dollars, be paid to the Clerks of onPemtenty.tlie joint Standing Committee on the Penitentiary. Military store- 21. Sec. XIV. And he it further enacted, That the sum vIXah.a a of three^ hundred dollars be appropriated, annually, to pay the Military Store-keeper at, Savannah, for each of the APPROPRIATIONS—1851-'52, 15 Miscellaneous. years eighteen hundred and fifty-two and eighteen hun- ared and fifty-three; and that the sum of two hundred dol- lars, he appropriated to T. Yerstille, late Military Store- keeper at Savannah, for his salary from the 1st May, 1850, to the 1st of January, 1851, the fund from which he was to have been paid, having revested to the Treasury when he applied, and that the same be paid to the Senator from the first District. 22. Sec. XY. And be it, further enacted by the authori- ty aforesaid, That the sum of ninety dollars, be and the To Jesse c. same is hereby appropriated, to be paid to Jesse C. Farrar Farrar" in satisfaction for eighteen days seiwice, as Secretary of the Board of Commissioners of the "Western and Atlantic Rail- road, in attending at Milledgeville, in eighteen hundred and forty-three, under an Executive Order, • (where the Books and Papers of said Road had been taken) to make a final settlement of the actings and doings of said Commis- sioners. . 23. Sec. XYI. And be it further enacted, That the sum of one hundred dollars be appropriated, to pay David To David Kramer, for scouring the rooms in the upper story of the Kramer- State House, sunning and dusting carpets and airing the rooms, for each of the years eighteen hundred and. fifty- two and eighteen hundred and fifty-three. 24. Sec. XYII. And be it further enacted, That the sum of one hundred dollars be appropriated to John J. Word, to^joim j. Solicitor of the Cherokee Circuit, for professional service Wood' mileage and per diem, for the whole of the session of Hen- h. r. dead- ry R. Deadwyler, late a member of the House of Repre- • wyler' sentatives, be paid to Benjamin Thornton, Representative from Elbert county, and that fifteen dollars be paid to Z. H. Clark, the expenses 'of the Committee in transporting the remains of the said Deadwyler to his home. 26. Sec. XIX. Beit further enacted, That the sum of To twenty-one dollars be appropriated severally, to Wm. John- election.6 son, J. H. Johnson, Floyd Malone, Wm. Mobley, William A. Maddox, J. J. W. Cargile, Robert Brown and John Wyatt, and to each of them, and that the Treasurer be au- thorized to, pay said sums to Samuel H. Blackwell, Repre- sentative from the County of Jasper. That the sum of twenty-four dollars, be appropriated to Isaac L. Parker, and that the Treasurer be authorized ,to pay the same, to John L. Barnett, a member from the county of Butts, and also, that the sum of twenty-seven dollars be appropriated APPROPRIATIONS—1851-'52. Miscellaneous. to Joel 0. McDowell, and that the Treasurer be authorized to pay the same to Samuel II. Blackwell, Representative from the county of Jasper, foy attendance as witnesses before the Committee on Privileges and Elections of this House, in the case ot the contested election from the coun- ty of Jasper. That the sftm of eighteen dollars and four to g.age cents, to be paid to George Jones of Savannah, it being Jones, the amount of taxes overpaid by him to the Tax Collector of Jefferson county, the said Tax Collector having made affidavit to the fact of said Jones paying said amount, and that the same be paid to P. B. Connelly, Senator of the Ninth District. tt^jared 27. Sec. XX. And be it further enacted, That the sum omimson. £WQ hundred and five dollars, be appropriated to pay Jared Tomlinson, who served the State as Senator from the fif- teenth Senatorial District, in the Legislature of eighteen hundred and forty-nine, and eighteen hundred and fifty, said Tomlinson on account of serious illness, not having presented his audited account, until the warrant of the President and Speaker for that session had been closed. ^Messrs.^ That Messrs. Baynes and "Williams, be paid per diem pay Williams! allowed in this Act, for the time which they served as members of the House of Representatives from Jasper county, and their mileage in coming to and returning from the seat of Government. 28. 'Sec. XXI. Andbe it further enacted, That the sum of fifteen hundred dollars, or so much thereof, as may be necessary, be and the same is hereby appropriated for the Repairing repairing of the Arsenal in Savannah, the said repairs to . Arsenal, under the control and direction of the Governor. Pe°a®ectand ^EG' XXII. Andbe it further enacted, That the sum faimage! of three hundred dollars be appropriated to Doctors Tal- mage, Pearce and Mercer, one hundred to each, as a com- pensation for their services and expenses, in making their Educational Report, under a Resolution of the last Gener- al Assembly. 30. Sec. XXIII.. And ben it f urther enacted, That the sum of one hundred and fifty dollars, be and the same is here- Mnitarystore- by appropriated, to pay the Military Store-keeper at Mil- MiiiSIevuie. ledgeville, for each of the years eighteen hundred and fifty- two and eighteen hundred and fifty-three. 31. Sec. XXIY. And be it further enacted, That the Fund forlLi- sum of one thousand dollars, annually,' to be set apart to brary" be used by his Excellency, the Governor, at his discretion, in supplying the library with such books, as may be requir- ed, for the years eighteen hundred and fifty-two and eight- een hundred and fifty-three. APPROPRIATIONS—i851-'52. IT Miscellaneous. 32. Sec. XXV. And be it f urther enacted, That the state Libra. sum of three hundred dollars, be appropriated for the sal- rian- ary of State Librarian, for each of the years eighteen hun- dred and fifty-two and eighteen hundred and fifty-three, and that it shall be his duty to take charge of and keep in good order, the Books in the Library, that he make out annually, a schedule of all the Books in the same, and Re- port the same to his Excellency the Governor, and that he shall be further required to receive from the State Printer, the Laws and Journals of each session of the Legislature, and that the distribution of the same, to the various coun- ties, shall be under his direction, and all receipts of Clerks of Courts, shall be given to the said Librarian, for such Laws and Journals, as well as all other Books distributed, and that he be required to file said receipts. 33. Sec. XXVI. And be it fwther enacted, That the To Jame3 E. sum of one hundred and fifteen dollars, be paid to James Butts* R. Butts, late Surveyor General, for making four new Maps in place of those on file in the Surveyor General's Office, too much mutilated to be useful. 3J. Sec.. XXVII. And be it fwther enacted, That tlm sum of eighteen thousand dollars, or "so much thereof, as Topay debtis ■ may be necessary, be and the same is hereby appropriated £jy.PeniteaU* to pay the debts of the Penitentiary, contracted prior to the fifth day of January, eighteen hundred and fifty-two. 35. Sec. XXVIII. And be it further enacted, That the sum of five thousand dollars or so much thereof, as may . - be necessary, be and the same is hereby appropriated, to PemtJtiary repair the Penitentiary Buildings, the fence around thebuUdings" square, and to purchase material for the use of the Institu- tion. 36. Sec. XXIX. And be it fwther enacted, That the To Jame3 r, sum of one hundred and ninety-three dollars, be appropri-Butts- ated for James R. Butts, late Surveyor General, it being the amount paid by him for Clerk hire, during the session of eighteen hundred and forty-nine, and eighteen hundred and fifty, and for. recording plats in eighteen hundred and fifty and eighteen hundred and fifty-one. 87. Sec. XXX. And be it fwther enacted, That the sum of fifty dollars, be appropriated to pay B. F. Dense, to b.if. for his attention to and lighting the Chandaliers in theDense* Senate and Representative Chamber. 38. Sec. XXXI. And be it further enacted, That the sum of ten dollars be appropriated to pay to Hon. B. B.tob. b. Moore, Chairman of the Committee on the Penitentiary,Moore" being the amount paid by him to the Savannah Repubh- can, and the Augusta Constitutionalist, for advertising to 2 18 APPROPRIATION S—18 51-' 52. Miscellaneous. claimants against the Penitentiary, to present their claims. To John 39. Sec. XXXII. And be it further enacted, That the u c en' sum of twenty-two dollars and fifty cents, he appropriated to the payment for services rendered by John Cutchen, of IJnion county, as Drum Major for the seventh division of Georgia Militia, for the year eighteen hundred and fifty, and that: J. P. "Wellborn, be authorized to receive and re- ceipt for the same. t«t. r. r 40. Sec. XXXIII. And $e it further enacted, That the sum of thirty-five hundred 'dollars or so much thereof, as may be necessary to pay Thomas R. R. Cobb, for copies of his new Digest, purchased under authority of a Resolution passed by the present Legislature., 41. Sec. XXXIV. And be it further enacted by the For taking authority aforesaid, That the sum of twenty-five thousand censns' dollars, be and the same is hereby appropriated to be used as a compensation for taking the Census, or enumeration of all free white persons and people of color in this State for the present year, or sp much thereof, as may be neces- sary. ATTACHMENT AND GARNISHMENT. 19 Against Joint Contractors, or Co-partners—Additional Oath—Exceptions to this Act. ATTACHMENT AND GARNISHMENT* TITLE ILL Section 1. Against Joint Contractors, &c. Section 2. Fees for following Property. (No/9.) An Act to amend the Attachment Laws of this State. Approved, December 30th,1851. 1. Section I. Be it enacted by the Senate and House of Representatives, of the State of Georgia in General - Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act,,Wh^ whenever any one or more partners, -joint contractors, or joint61coXic- • • a • IT n 1 t* t_ at- tor or co-part- joint promissors, may or shall place him or her or- them-ne^be^mg selves in snch a position, as would under the existing ^hment^prol Laws authorize an Attachment to issue for an individual tSh joint debt, that upon oath made by the creditor, his agent prproperty' attorney at law, or in fact, an Attachment may issue in the same manner and upon the same conditions as in ordi- nary cases of Attachment, against such partner or partners, joint contractor or contractors, joint promissor or promise sors, and may be levied in the same way as though the Attachment had been sued out upon the individual in- debtedness of such partner, joint contractor, or joint pro- missor, Provided, the said deponent shall in addition to the oath required by Law in cases of Attachment further AoauTal swear, he has reason to apprehend the loss of said debt or some part thereof, unless said Attachment shall issue; and Provided further, that the sueing out of such At- This remedy tachment shall not effect any remedy that the attaching cumn" creditor may now have at Law or in Equity against the other partner or partners, joint contractor or contractors, or joint promissor or promissors; Provided, that the At- tachment shall not issue when the joint promissor or obli- gor, or partner shall reside beyond the limits of this State at the time of creating the debt, nor when the said joint promissor or obligor or partner is only removing beyond the limits of any county, and not beyond the limits of the State. * As to Attachment- for Tolls on Flank and Turnpike Roads—see " Internal Transportation." sec. 178. 20 ATTACHMENTS, &c.~ 1851-'£2. Fees of Officers—following property. (No. 10.) An Act to fix the fees of Sheriffs, Constables and Coro- ners in certain cases therein specified, and to provide for taxing the same. . Approved, January 7th, 1852. 2. Section I. Be it'enacted by the Senate a/nd House of Representatives of the State of Georgia in General assembly met, a/nd it is hereby enacted by the authority Additional of the same, That,from and after the passage of this Act, £Sr fonow3of" in all cases where the plaintiff or plaintiffs in Attachment property. re(pire ariy Sheriff or other levying Officer of this State, to follow with any Attachment, any property which may he ran ont of the county in which such Attachment may issue, such Sheriff or other levying Officer shall he ' allowed for such service the sum of five cents per mile in going and returning, to he taxed and paid as other costs now provided hy Law. 3. Sec. H. And he it further enacted by the authority pealing aforesaid, That all laws , and parts of laws militating against this Act, he and the same are hereby repealed. . Note of Decisions of Supreme Court in vols. IX & X, on the subject of At- tachment and Garnishment: Land cannot be levied on and sold under the order of a J. P. in Attachment re- turnable to Justices' Court. It must be by virtue of the Ji. fa., founded on the Judgment or Attachment—IX Ga. 506. The Garnishee may defend by showing that the pl'tff. has no interest in the Judgment—IX Ga. 510. The transfer of the suit on a note, will enable the transferree to sue out pro- cess of garnishment on the judgment—(Ibid.) * An affidavit by an Att'y. that he is " informed and believes" that the debtor resides out of the State is insufficient—IX Ga. 598. BANKS AND BANKING. Small BiHs. 21 BANKS AND BANKING. title', iy. art. i. general laws. art. ii. central bank. art. iii. private corporations. art. i. general laws. Sec 1. Small Bills. " 2. Repealing Clause. " 3. Receivers' Bonds. " 4. Receiver, Ocmulgee Bank. " 5. How made a party. " 6. Receiver ad litem. " 7. Disposition of assets. " 8. Repealing clause. Sec. 9. Change Bills prohibited. 10. Penalty for violation. 11. One-half to informer. . 12. Taxation, &c. 13. Repealing and remitting clause. 14. Small Bills. " 15. Repealing clause. (No. 11.) An Act toJhmend an. Act to permit all the specie pay- ing solvent Banhs of this State, to issue Bills of a de- nomination less than five dolla/rs. Assented to Decern- ber 27th, 1842. This Act approved January 15,1852, 1. Section I. Be it enacted ~by the Senate a/nd Souse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted Toy the authority of the same, That from and after the passage of this Act, sPeciepaying all specie paying and solvent Banks in this State, be and they are hereby authorized to issue bills of the denomina- centoftifek tion of one, two, three, and four dollars, to an amount not capital- exceeding twenty per cent, of their Capital Stock.* 2. Sec. II. And he it further enacted "by the auihori- ty aforesa/id, That all laws and parts of laws militating Repealing against this Act, be and the same are hereby repealed. c'ause- * Former Act, (New Digest, 120,) restricted them to five per cent. See same provision re-enacted, Sec. 14 of this Title. 22 BANKS AND BANKING—Generab LAws—1851-52. Receiver's Bonds. (No. 12.) An Act to regulate the mode of executing the Bofids of Receivers of Banks, appointed according to the proms- ions of the Act assented to December IZth 1842. Approved January 19,1852. 3. Sec. I. Be it enacted l>y the Senate cmd House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by authority of the Receivers samei That whenever, hereafter, any Receiver or Deceivers lie4|retap. shall be appointed under and by virtue of an Act to amend wlriJodse-an J^-C^ stifled an Act to compel the several Banks of this curity to the State to redeem their liabilities in specie, and to provide a such^sum 'as forfeiture of such as may refuse, assented to on the 18th of 6 %fght.eem December, 1840, and an Act entitled an Act for the relief of certain Banks which have suspended specie payments, against which judicial proceedings have been instituted for the forfeiture of their charters, assented to on the 10th De- cember, 1841, assented to December 13th, 1842, it shall be the duty of the Governor of this State, to require of such Receiver or Receivers, Bond with good security, to be judged of by him, in such sum as, in his discretion, may be . just and proper,* conditioned for the faithful discharge and performance of the Trust reposed in him or them,1 any law to the contrary notwithstanding. (No. 13.) An Act to amend an Act entitled an Act to compel the several Banks of this State to redeem their liabilities in specie, and to provide a forfeiture of such as ma/y refuse, assented to on the 18th da/y of December 1840, and an Act entitled an Act for the relief of certain Banks which hare suspended specie payments, against which judicial proceedings hare teen instituted for the forfeiture of their charters, assented to on the 10th * The Act of 1842 (New Digest, 118 J required the bond to be for " double the amount of stock subscribed for and paid into the said Bank." [1] Decision Supreme Court.—The Act of 1832 authorizing the Governor to appoint a Receiver is constitutional and valid.—IX. Ga. Rep., 253. See also X.Ga., 10. BAKES AKD BAKKIKG—General Laws—1851-52. 23 Receiver for Ocrnulgee Bank. of December, 1841; and also an Act further a/mend- atory of said Acts, assented to on,the ISth of, Decern- ber, 1842.* Approved. Whereas, under the provisions of the before recited Acts, judicial proceedings were instituted against the Oc- mulgee Bank of the State of Georgia, which resulted in a forfeiture of its charter, as provided in said Acts; and whereas, under the provisions of the second section of said amendatory Act, assented to on the 13th day of December, 1842, Scott Qray, Esq. was appointed Receiver of said Ocrnulgee Bank, and has since departed this life without fully completing said trust; and whereas, under the provis- ions of said last amendatory Act, no Receiver has been ap- pointed as a successor to'said Scott Cray, and no person can "be found willing and competent to act as such, therefore, 4. Sec. I. Be it enacted by the Senate a/nd. House of Pepresentatimes of the State of Georgia in General As- sembl/y met, and it is hereby enacted by the authority of the . same, That the Judge of the Superior Court of Bibb gjjgfconfe county, at the next term of said Court, Or at any regular ^ term of said Court afterwards, shall have power and au-|^f|r°£yul*- thority to appoint, and it shall be his duty to appoint a Re- ceiver to receive of the legal representatives of said Scott Cray, deceased, or other person or persons having custody of the same, the property and assets of said Bank, with aU Power* and ii. the powers, duties, obligations and privileges touching thea 1 ties* ^same, conferred on the said Receiver by the before recited Act: Provided, That such Receiver,* before entering upon the duties of his office as Receiver, shall give'bond in such Bond, sum as said Judge shall deem adequate for the protection and safety of said funds, with good security, to be appro- ved of by said Judge, payable to the Governor and his successors in office, and conditioned for the faithful per- formance of the trust reposed in him.f 5. Sec. II. And be it f urther enacted, That in all cases of suit pending: in law or equity, in the Courts of said pending.SU1 State, instituted" by or against the said Scott Cray, Receiver as aforesaid, in behalf or against "said Bank, such suit or, suits shall not abate, but the Receiver appointed under the first Section .of this Act, shall, on motion, be made party plaintiff or defendant (as the, case maybe) to the same, without delay, and the case or cases proceed. . 6. Sec. III. And be it further enacted, That in thefJeml.ver- a * For these Acts see New Digest, 115,117, 118- t See above—section 3 of this Title. 24 .BANKS AND BANKING—General Laws—1851-52. Distribution of Assets—Notice. event, that at the next term of said Bibb Superior Court, Howwpomt-no Receiver shall be appointed and qualified for said Bank »w.,Mteas contemplated by the first section of this Act, then the Judge of the Superior Court of any county wherever any suit or suits at law or equity may be pending, instituted by or against said Scott Cray, Receiver as aforesaid, or in be- half of or against said Bank, shall appoint a Receiver ad litem, to prosecute or defend said suits, and such suits so pending shall not abate, but such Receiver ad litem, so ap- pointed, shall on motion, and without delay, be made a party plaintiff or defendant (as the case maybe) to, the same, and the case or cases proceed; and#the Court ap- pointing such Receiver ad litem, shall allow him such com- pensation for his services as shall be deemed adequate com- pensation for such service, to be paid out of the assets of said Bank. .7. .Sec.JV.. And be it further enacted, That in the event that any money shall come into the hands of any money11cXe. Receiver ad litem, appointed under the third section of £iver Yad li- this Act, from any case prosecuted by him as aforesaid, Um' the same shall be paid over by him for distribution among the creditors of said Bank, to the Receiver appointed un- der the first section of this Act: Provided, That at the time of the receipt of such money, such Receiver shall have been appointed and qualified; and in the event that no such Receiver shall have been appointed and qualified, by tie Judge, then such money shall, by the Judge of said Court ap- pointing said Receiver ad litem, be distributed among the creditors of said Bank pro rata, having due regard to all Notice^0 legal liens : and printed notice to the creditors of said Bank 0161 rs' of the time and place of said distribution, and of the amount of the fund to be distributed, shall be given once a month for four months, in' one of the public Gazettes of the State, and such. Judge"* shall pass such intermediate of thekmoney or(^er f°r fhe safe keeping of said money, as shall be «di?ummn.ey deemed adequate for its preservation for distribution as aforesaid. eepeaiing 8. Sec. Y. And be it further enacted, That all laws or c aose' parts of laws militating against the provisions of this Act, be and the same are hereby repealed. , BANKS AND BANEJNG—General Laws—1851-52. 25 Chauge Bills Prohibited. * (No. 14.) An A.ct in relation to the issuing of Change Bills, and 'private Banking • for the punishment of the same, and to authorize the Banks of this State to issue Bills of certain denominations, and for other purpsses, dec. Whereas a great number of acts have been passed by the Legislature on the subject of Change Bills and Private Banking, of which some contain provisions in conflict with others; spme expressly repeal others; some impose taxes upon Change Bills, and thus are claimed to legalize the is- sue of such Bills ; and some are obscure and hard to be understood, whereby it has become difficult, if not impos- sible, to tell what the law is on the subject, to the great en- couragement of such as are disposed to indulge in the prac- tice of issuing such Bills, and the practice of Private Bank- ing; therefore, 9. Sec. I. Be it enacted by the; Senate and House of Representatives of the State of Georgia in General As- sembly met, That from and after the passage of this Act, Issuing 0f no person or body corporate shall make, issue, pay away, prated or put in circulation any Bill or Note, Check or other de-teredBanc^?r' vice calculated or intended as a circulating medium, as money or instead of money, or to serve wholly or in part as money, except such person or body corporate shall have been previously authorized by law to issue the same. 10. Sec. II. Be it further enacted by the authority aforesaid, If any person or body corporate shall violate Penalty for any of the provisions of the first section of this Act, orvlolatlon- shall aid in its violation, they shall be liable to be indicted therefor, and on conviction shall, for every offence, be pun- ished in the case of a corporation by a fine of not less than By a corpora- fifty nor more than five hundred dollars, at the discretiontlon', of the Court; and in the case of a natural person by a fine By an mdi- of not less than fifty and not over five hundred dollars; orvlduaL by imprisonment in the common jail of the county foi^ a period not over six' months, at the discretion of the Court; but no person who is not concerned in the issue of any such Bills or Notes, shall be liable to any penalty for paying the same away or putting the same in circulation. 11. Sec. III. Be it further enacted by the authority aforesaid, "Whenever the punishment shall be by fine, the one-haif of proceeds shall be paid, after deducting the expenses ofi£f0?meer!othe prosecution, one-half to the informer, and the other to the County Treasury. 26 BANKS AND BANKING—GENERAL LAWS—1851-52. Penalty for Violation. Bills, &c.,s. 12. Sec. IV. Be it further enacted by the authority collectable! aforesaid, That the Bills, Notes or Checks, if paid away or tendered in payment contrary to the prohibitions of this Act, shall, notwithstanding .any thing contained in this Act, be valid and collectable, the same as any other Note, subject to Bill or Check, and shall be subject to taxation at .the dis- taxation. cretion 0f the Legislature; and Acts imposing taxes upon them shall not be considered as legalizing the making^ is- suing, paying away or tendering in payment, such Bills, - Checks or Notes. . 13. Sec. V. Be it further enacted by# the authority Repealing aforesaid, That the Act entitled an Act more effectually section. to preven£ ev'ig 0£ private Banking, and to stop the issu- ing and circulation of the Bills and Notes of unchartered Banks and Private Bankers, and the Bills and Notes usu- ally called Change Bills," approved December 18th,'1818, and all. other Acts respecting Change Bills or Notes, or Bills or Notes under the denomination of Five Dollars, are penalties re- hereby repealed; * and all the penalties imposed by the mitted' same, or by any of them, are hereby remitted- - 14. Sec. VI. And be it further enacted by the author- specie paying ity aforesaid, That all specie paying and solvent Banks of suTsmKS this State, be and they are hereby authorized to issue small ^fXefcTnt Bills of the denomination of one, two, three and four dol- of capital. iars? under the liabilities and restrictions of their respective charters : Provided no Bank shall issue ah amount of such Bills under the denomination of Five Dollars, above twen- ty per centum on the Capital Stock of said Bank actually paid in.f Repealing 15. Sec. VII. Be it further enacted by the authority c ause. aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed. * The .Acta repealed by this clause are: 1st—Section 4 of the Act of 1818, (New Digest, 98. J 2d—The Act of 1830, (New Digest, 98. J 3d—The Act of 1841, in reference to Change Bills, (Ibid, 847.) * See same provision in Section 1 of this Title. BANKS AND BANKING—Central Bank, Commissioner to examine into Central Bank. 27' art. ii. central bank. (No. 15.) An Act supplemental to an Act passed 28th JJecember, 1843, mating it the duty of the Governor, whenever the public interest shall require it, to cause the assets of the Central Bank to be deposited in the Treasury of the State.* Approved December 10,1851. 16. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in- General As- sembly met, That it shall be the duty of the Governor, when Governorma in his discretion it becomes the interest of the State, to appoint com place the assets of the Central Bank in the Treasury of the amfnean4?." State—to appoint a competent commission thoroughly to oflteYank! examine into the, condition of the Bank and transfer its re- maining assets to the office of the Treasury, with instruc- tions to report to the Executive Department the result of their investigations ; and it shall be in the discretion of the Governor to take such other measures as shall insure the speedy and faithful settlement of the affairs of the Bank. meaa* Forthis Act see New Digest,' 896. .28 BANKS & BANKING.—Private Corporations—1851. Augusta Insurance and Banking Company. Art. m. Private Corporations. Sic! 17. Augusta Ins. & Banking Co. Charter . extended. State Bk. Charter extended. Number of Directors. Quorum—3 in summer. Manuf. & Mechanics Bk. of Columbus. Capital, shares. , Directors, President. .Cashier, other Officers. Cashier's Bond, Officers' oath. Commissioners to take Stock. Calling in installments, &c. Stock forfeited. Votes, Proxies- Qualification of Directors. Pres. salary—Quorum. Holding Lands. Limit on liabilities. Transfer of Stock. Authentication of contracts. Books open to inspection. Call of meeting by Stockholders. Notice of Instalment. Minutes of Directors—Dividends. Charter for 20 years. Individual liability. The LaGrange Bank. Commissioners to take stock. Capital amount. Meetings of State Directors. Sec.46. " 47. Transfer of Stock. Votes—Proxies. Qualifications of Directors. Officers—Salaries. Bonds—Oaths. Limit on Liabilities. Redemption of Bills. Call of Meetings. Minutes of Board. Dividends. Loans to Stockholders. Payments to Bank. The Atlanta Bank. Capital. Directors—President. Forfeited stock. Officers—Bonds—Oath. Votes—Proxies. Call of Meeting. Transfer of Stock. Authentication of Contracts. Minutes—Books; Notice and Protest—Suits Proof of Books. Loans to Officers. Issues—Liabilities. Payments to Banks. Dividends. Individual Liability. Transfer after failure. (No. 16.) An Act to extend the Charter of the Augusta Insurance and Banking Company. Approved, January 20,1852. IT. Section* I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the powers and privileges authorized and tendedtoi878. conferred by the Act, passed on the 26th of December, 1827, entitled " an Act to incorporate the Augusta Insu- ranee and Banking Company of the City of Augusta, and to repeal the Act passed on the 9th day of December, 1822," and by other Acts amendatory thereof, be and the same are hereby continued and authorized to be exercised until the first day of January, eighteen hundred and seventy-eight, under the restrictions and liabilities pre- scribed in said Acts. BANKS & BANKING.—Ppiyate Ooepoeations—1851 29 Bank of the State—Charter extended. (No. 17.) An Act to extend the Chwter of- the Bank" cf the State of Georgia,' and the Acts amendatory thereof ank gball at anytime owe, whether by bond, bill, note or other contract, shall not exceed three times the amount of its capital actually paid in. Ultimate re- 52. Sec. XI. The persons' and property of the Stock- dempuonot j^^ers sajq Bank shall be pledged and bound in pro- portion to the amount of the shares that each individual or" Company may hold in said Bank, for the ultimate re- demption of the Bills or Notes issued by or from said Bank during the time he, she or they may have held such stock, in the same manner as in common commercial cases or simple cases of debt, caii of meet. 53. Sec. XII.- Any number of Stockholders not less than in?,°fstock-twenty, who together shall be .proprietors of two hundred shares or upwards, shall have power at any time to call a meeting of the Stockholders for purposes relative to the Institution, giving at least sixty .days notice in one of the public Gazettes of the town of LaGrange, specifying in -such notice the object of said meeting. 51. Sec. XIII. The Directors shall keep fair and regular minutes of their proceedings, and upon any question where a Director shall require it, the yeas and hays of the Di- * rectors voting shall be inserted in said Minutes, and the books and papers, correspondence and funds of the Com- pany, shall at all times be subject to the inspection of the Board of "Directors or Stockholders,* when convened ac- cording to the provisions of this Act. 55. Sec. XI v. Dividends of the profits of the'Corpora- tion, or of so much thereof as shall be deemed expedient and proper, shall be declared and paid half yearly, (the Minutes' of Board. Dividends. BANKS' & BANKING-—Private Corporations—1851. 39 "Atlanta Bank. • first half after the Bank shall have been in operation ex- cepted,) and the said dividends shall from time to time be determined by a majority of the Directors, at a meeting to be held for the purpose, and shall in no case exceed the Limit amount of the net profits actually acquired by the CorpQ- ration, so that the Capital Stock thereof shall never be im- paired., 56. Sec.,XV. No Stockholder shall be permitted to* bor-Loans to row money from said Bank upon the faith or pledge 0fatookhoUeR'- their Stock, but shall be subjected to the same rules and regulations in borrowing money therefrom, as any other customer of the Bank. 57. ^Sec. XVI. Any Bank or branches thereof, who may Payments to make a demand of Specie from said Bank, shall be com-Banks' pelled to receive either the Bills of said original Bank or any of its branches in payment. (No. 20.) An Act to incorporate a Bank in the city of Atlanta, to be called " The Atlanta Bank? ' Approved, Jan. 27, 1852. "Whereas a number of persons in the city of Atlanta and its vicinity, interested in the welfare of that place, have capital which they are desirous of employing in fa- cilitating its*business, advancing its interest and lessening its dependence on the Banks of other places, by whose or- ders discounts are controlled," and often stopped when they are most wanted and needed, in order to purchase the pro* duce brought to this market, and owing to the accessabili- ty of said city by means of the many Railroads which con- verge as that point, a Bank there would be a public con- venience; 58., Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia im, General As- sembly met, and it is hereby enacted by the authority of the same, That John F. Mims, William Ezzard, E. ^ V. Corporators. Holland, J. O. McDaniel, Clark Howell, J. Norcross, B. O. Jones, J. A. Hayden, Richard Peters, William M. Butt, Lemuel P. Grant, Ezekiel Mason, James A. Collins, Jo- seph Winship, Barrington King, Willis P. Menifee, C. W. 40 BANKS & BANKING—Private Corporations—1851. , Powers and Privileges. » Arnold, John D. Stell, T. M. Jones, N, S. Angier, James T: Humphries, Stephen Terry, Joseph Thompson, and J. F. Loyd, and such persons as they may procure to take Stock under this Act, he and they are hereby incor- Name. porated and made a body politic by the name and style of Powers and " The Atlanta Bank," with Banking privileges, located at privileges. Atlanta, and so shall continue until the first day of Janu- Duration. ar^ 2.872; and by that name shall be and are hereby made able and capable in law to have, purchase, receive, pos- Lands. sess, enjoy and retain to them and their successors, lands, . rents, tenements, so far as may be necessary for the erec- tion of necessary Banking Houses only, and not otherwise ; goods, chattels and effects of what kind, nature or quality' soever; and the same to sell, grant, demise, alien or dis- pose of; to sue and be sued, plead and be impleaded, an- swer and be answered, defend and be defended, in any Court of Law or Equity in this State or elsewhere, having competent jurisdiction; to'make, have and use a common Seal. seal; and the same to break, alter and renew at their pleas- ure, and to make and ordain such by-laws, rules and regu- lations as they may deem expedient and necessary to car- ry into effect the objects of the Institution; Provided such By-Laws, by-laws, rules and regulations be not repugnant to the Con- stitution or Laws of this State, or of the united States. 59. Sec. II. The Capital Stock of said Bank shall be capital 3oo,- three hundred thousand dollars; to be divided into three ■ 000 hilars. ' thousand shares of one hundred dollars each, and appor- tioned among the aforesaid Stockholders. Directon. 60. Sec.' III. For the well ordering of the affairs of said Corporation, there shall be elected by the Stockholders not less than five Directors, as soon hs Gold and Silver coin to the amount of twenty thousand dollars of the subscription for said Stock shall have been received;" and said five Di- rectors so elected, shall be- capable to serve as such until Annual" eiee hrst Monday in October, 1853, and shall be eligible- tiomU eee"to re-election on which day; and in each and every year thereafter, on the same day, Directors shall be chosen by the proprietors or owners of the Capital Stock of said Cor- poration, when a majority of the votes givfen in shall be required to make a choice, and the Directors thus chosen shall, at their first meeting, and at the first meeting after each and every such elections, make choice of one of their p "den own memhers as President, and in case of his death, or re- President. gjgnation, or removal from this State or from the Board of Directors, the remaining Directors shall proceed to fill the vacancy how vacancJ *'or the remaihder of the year ; and in case it'shall ailed. at any time happen that the Stockholders omit, fail or ne- gleet to elect Directors on the day prescribed and author- BANKS & BANKING—Private Corporations—1851. 41 v Officers Bonds—Oath, &c. ized by this Act, t*he said - Corporation shall not for such omission, failure or. neglect, be deemed to be dissolved; but it shall be lawful on any other day to hold and make an election of Directors in such manner as shall have been or may be prescribed by the rules and by-laws- of the said Corporation; and, Provided, that in the case of the death, resignation, removal from the State or from the Board, of any Director, his place may be filled by a new choice for Vacancy' of the remainder of the year, by the remaining Directors. * Director how 61. Sec. IY. If there should be a failure in the pay- ment of any sum or sums subscribed by any person, co- gtock forfeit_ partnerships or body politic, when the same is required by ed°on the Directors to be paid, the share or shares of Stock upon melST1118 which said failure Occurs, shall, be for such failure forfeited, and may again be sold or disposed of in such manner as the Directors may order and provide, and the proceeds, of the sale, and the sum or sums which may have been paid thereon, shall revert to and belong to said corporation; Provided, That sixty days notice of the time at which such payment is required to be made be given in one of Noticej . the public Gazettes of Atlanta. 62. Sec. V. The Directors for the time being shall have power and authority to appoint such officers and clerks under them as may be necessary for executing the business officers> of the said Corporation, and shall allow them together with The President, such compensation as they may deem rea-. sonable, and- shall require of the Cashier and other officers under him, such bonds conditioned for their good behavior, and the faithful discharge of their duties as to (hem may be satisfactory, and the President, Cashier'and other offi- Bond*, cers of the Bank shall take the following Oath before entering on the duttes of their respective offices : I, A. B. do solemnly swear ( or affirm Vfchat I .will well and faith- lully discharge the duties of President, Cashier, or other 0ath' office (as the case maybe) of the Atlanta Bank; which oath shall be entered and subscribed, in the minutes of the Corporation. 63. Sec. VI. The .number of votes to which each Stock- holder shall be entitled at'any meeting or election, shall be according to the number of shares he may hold, each share votes in eieo- to be entitled to one vote: Provided, That no share ortlon3' shares shall confer a right of suffrage, unless the same fehall have been holden by the person in whose name it appears, at least three months previous to the day of election, and unless the same be holden by the person in whose name it appears absolutely and lona fide in his right or in that of his wife, and for his or her sole use and benefit, or as ■ executor, administrator or guardian, or in the right of some 42 J3AXKS & tBANKING—Peivate Cokpobations—1851. Books open to Inspection. co-partnership, corporation or society of which he or she may he a member, and not in trust for or to the use of any proxies, other person; any Stockholder being absent, may author- ize by power of Attorney under seal, any other Stockholder to vote for him, her or them : Provided, That said power of Attorney is filed in Bank sixty days before the day of election. caii of meet. ^EC* VII. Any number of Stockholders who shall stook" together be the owners and proprietors of one hundred' ° era\ shares or upwards, shall have power at any time to call a meeting of the Stockholders, for purposes relative to the Notice, institution, giving at least sixty days notice in one of the public Gazettes of Atlanta, specifying in such notice the object of the meeting. • Certificates of 65. Sec. Till. That the Directors shall have power to stock, issue to the subscribers their certificates of stock, signed by the President and countersigned by their Cashier, and which shall be transferable in the books of the Cashier only by personal entry of the Stockholder, his legal repre- „ sentative of Attorney.duly authorized by special power for Transfers, that purpose Provided, That no Stockholder indebted to the Bank shall transfer his or her stock, until all debts due said Bank' by said Stockholder shall be paid, unless by consent of the Directors entered upon their minutes. 66. Sec. IX. The bills obligatory and of credit, notes Anthentica- and other contracts, whatsoever, in behalf of said Corpora- ta£ts°, con" tion, shall' be binding upon the said Company: Provided, the same be signed by the President and countersigned by the Cashier of the said corporation, and the funds of said corporation shall ■ in no case be liable for any contract or engagement whatever, unless the same be signed and Minutes, countersigned as aforesoid. 67. Sec. X. The Directors shall keep fair and regular Yeas& Nays, minutes of their proceedings, and upon any question when a*Director shall require it,* the yeas and nays of tlie Direc- opTn s'to&im tors voting shall be inserted in their minutes, and the books, specuon, papers, correspondence and funds of the Company shall at all times be subject to the inspection of the Board of Direc- tors or Stockholders when convened according to .the pro- Notice and visions of this Act. Lrdwith,3peI1" 68. Sec. XI. Xo notice or protest shall be necessary to charge any maker or endorser of any note, bill or.other obli- gation discounted by said Bank, and in. all suits com- K,by Uie menced by said Corporation upon any note, bill, bond or obligation upon which there shall be any indorser or indor- sers, the maker or makers together with the indorser or in- • dorsers or their representatives, may be embraced and sued in the same action, and no proof of notice, demand or pro- BANKS & BANKING—Peivate Coepoea;tio:ns—1851. 43 Books not to be required in Court. test shall "be required on any trial to authorize a recovery. Bookg not to 69. Sec. XII. In no suit or action in any Court of this court,uired State in which the said Bank may be a party, shall it be lawful for the other party or parties to require the said Bank to produce the books of the Bank into Court as evi- dence; nor shall it be lawful for such party or parties to require by subpoena or otherwise, the attendance of any officer of the said Bank in Court, on the trial^of such case. But whenever in any such suit it may become necessary forvthe attainment of justice, that the evidence contained in -Ihe said books or the testimony 6f suck officer should be had, it shall and may be lawful for either party in anyContentg pK^ such case, requiring such evidence or testimony, to take^>sion,com~ out a commission in the usual manner, to examine the offi- cers of the said Bank as to the contents of. said books, or as to their own knowledge of the facts, notwithstanding such officer may reside in the county, in which suit may be pending. 70. Sec. XIH. It shall not be lawful for the President, cem^£hibitl Directors or Officers of said Bank, to borrow any amount;' of money from said Bank, either directly or indirectly, as maker, endorser or acceptor. . • 11. Sec. XIV. The Atlanta Bank shall he'permitted, and are hereby authorized to issue bills or notes of credit payable to bearer on demand, signed by the President, and countersigned by the Cashier; but the total amount of debts which the said Corporation shall at any time owe, Limit of in- whether by bond, bill, note or other contract, shall not ex_debtednes8> ceed three times the amount of the capital stock actually paid in, and in case of excess, it shall be the duty of the President and Cashier to notify the Governor in wilting ofv£Ktion?>r such excess, upon the receipt of which, it shall be the duty of the Governor to issue his Proclamation declaring the charter of said Bank forfeited in consequence of said ex- cess, anci calling a majority of the Stockholders, who shall have power and authority to adopt such measures as^ may be deemed prudent and effectual in bringing the affairs of • said Corporation to a speedy close. But said Bank shall issue no bills or notes or checks, until one hundred thornSKctakSJa sand dollars of the capital stock have been actually paidk> in, in specie. v ! 72. Sec. XV. Any Bank or branches thereof, which Payments to may make a demand of specie from'the Atlanta Bank,Banks' shall be compelled to receive the pills of the said Bank making the demand. 73. Sec. XYI. That dividends of the profits of the Cor-Dividellds> poration or so much thereof as may be deemed expedient and proper, shall be declared and paid half yearly, and the 4A BANKS & .BANKING—Peivate Coepoeations—1851. Individual liability of Stockholders. said dividends shall be determined from time to time by a majority of Directors at a meeting to be held for that pur- Limit, pose, and shall in no case exceed the amount of the net profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired, individual ii. 74. Sec. XVII., That the persons and property of the sSower, Stockholders in the Atlanta, Bank, shall at all times be pledged and bound in proportion to the number of the share of shares that each individual or company hold, po- sess or interested in, or entitled to in the said Bank, for the paymeut and discharge of the debts or contracts of said Bank, or for the ultimate redemption of all notes or bills issued or that may hereafter be issued by and from the said. Bank, in the same manner as in simple actions of debt or common commercial cases. V Tmnsfere af- 75. Sec. XVII. All transfers of said stock shall be terfailure, wholly void, if made within six months previous to the failure of said Bank; but that said stock so transfered shall be deemed and held liable for the debts of the Institution, notwithstanding said transfer. CENSUS—1851. Inferior Court to appoint takers of Census. 45 CENSUS. ' TITLE Y. Sec. 1. Appointment of Takers. Sec. 6. Counties failing. " 2. Duties—Returns. " 7. Oath of giver in; " 3. Their Oath, " 8. Fees of Takers. •' 4. Return to Governor. " 9. Penajty for false returns. " 5. Appointment by J. P. (No. 21.) An Act to provide for the taking the Census of the, State of Georgia, in pursuance of the requirements of the twenty-fifth Section of the first Article of the Constitu♦ tion of the State of Georgia. Approved, January 8, .1852. - , 1. Section I. Be it enacted Tyy the .Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of , tlte same, That it shall' be the duty of the Justices of the SSSSiS"1'4 Inferior Court for the several counties of this State, or any three of them in each county respectively, on the first Monday in January, Eighteen Hundred andFfty-Two, or within .sixty days thereafter, to appoint one or more per- sons in each county, not to exceed one to each Battalion district in each county, whose duty it shall be to take a full and accurate Census or enumeration of all free white per- sons, and of color, residing therein on the first day of April,'Eighteen Hundred and Fifty-Two. 2. Sec. II. And be it further enacted by the authority aforesaid, That it shall be the duty Of the person so' ap-Bookaof Re. pointed as aforesaid, to keep a book in which shall be re-turus" corded the names of each head of. a family, together with ConteBtg. the number of persons returned by each head of family' as belonging to his or her family, distinguishing therein in separate columns, the free white persons from those of co- lor, the slaves from citizens ; all Deaf and Dumb and Lu- natic in a separate column, all white male children between the age of^six and sixteen years in a separate column, and all white fepale children between the age of six and fif- teen in a separate column, and it shall be their duty to re- turn the same to the Clerk of the Superior Court of their respective counties, certified under their hands and seals, on or before the first day of October, Oiie Thousand Eight To be return. Hundred and Fifty-Two. ' 46 CENSUS—1851. • Oaths of takers of Census. ' 3. Sec. III. And be it further enacted by the authority oaths of ta. aforesaid, That it shall be the duty of the Justices of the .of Ceu- Jjjferior Court of the several counties of this State, or any one of them, before issuing an order to a,ny person or per- sons to take the Cfensus of their respective counties, to ad- minister to such person or persons the following oath, to wit: I, A. B., 'do solemnly swear (or affirm, as the case may be,) that I will, to the best of my ability, do and perform all duties required by law, as taker of the Census for the county of , and faithfully and duly execute the trust confided to me. - So help me God. 4. Sec. IV. And be it further enacted by the authority Returns to be aforesaid, That it shall be, the duty of the Clerks of the hy"the^cierk Superior Courts of the several counties of this State, on or to the Gover- before the first day of November, Eighteen Hundred and nor* Eifty-Two, to transmit to his Excellency the Governor the returns to them made by the takers of Census for their counties respectively, jmder their hands and seal, to be by Tobeiaidbe-him'laid before the General Assembly of the State of Geor- Assembly. §>1^ IlGXt SCSS10H. 5. Sec. V. And be it further enacted by the authority on failure of aforesaid, That in case the Justices of the Inferior Court foSjusttee^, of fhe several counties, or any of them, of this State, shall mayieappoineton any account fail to make the appointment of a person takers. or persons to take the Census or Enumeration of the coun- ty, agreeably to the first Section of this Act, then and in that event the Justices of the Peace presiding over the dis- trict 4n which the Court House is situated, together with any two or more of the Justices of the Peace of said coun- ty, shall have and exercise like powers respecting the ap- pointing of a person or persons for taking the Census of such County, as are herein given to the Juitices of the. In- ferior Court. 6. Sec. VI. And be it enacted by the authority on failure to aforesaid, That if the Census or Enumeration of any coun- SnTy toMUS ty shall not be taken and returned according to the provis- Revpere^unta-ne i°ns of this Act, then and in that event said county shall tive- be entitled to but one. Representative in the' Legislature, until the Census of such county shall have been taken and returned in conformity to the Constitution o^.this State. 7. Sec. VH. ^ And be it further enacted by the author- oath of per- ity aforesaid, That all persons appointed to take the Cen- retard115 nsus of any Battalion district, of or in any county of this State, under the provisions of this Act, are, hereby author- ized and required to administer 'to all heads of families or others, before receiving his return of Census of the num- ber of his or her family, the following oath, to wit: .CENSUS—1851. 47 Oath of persons giving in returns. I, A. B., do solemnly swear (or affirm, as the case may be,)'that I will give in as. members of my family only snch as belong to my family, either present or absent, in the character of wife, children, slaves, and boarders, and free persons of color, on the first day of April, One Thousand Eight Hundred and Fifty-Two. 8. Sec. YIII. And be it farther enacted by the author- ity aforesaid, That each person appointed to take the Ceh- compensa. */t/1 j-.7 .. ix, in tionof takers sus under the provisions ot this Act, shall receive as com-0f census, ensation the sum ol twentv-five cents for "each family ta- en in by him* 9. Sec. IX. And J)e it further enacted, That it shall Penaityjor^ not be lawful for the person or persons appointed under a returns* , this Act to return the name of any. person, except in con- formity with the provisions of this Act, and that any vio- 1 at ion of this Section shall be punished on conviction by fine and imprisonment, at the discretion of the Court. * Fund appropriated. See Title "Appropriations," Section 41. CONSTITUTION—AMENDMENTS—184 9—'51. 48 Constitution—j COJ\TSTTnJTIO!N"—AMENDMENTS. title vi. Sec. 1. Senator to each county. Sec. 3. Court of Ordinrry. " 2. Apportionment of Representatives. (No! 22.). An Act to alter and.amend the third Section'of the first Article of the Constitution of this State. Passed, Peb- ruary 5, 1850. Re-Passed, January 19, 1852. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of one senator the same, That as soon as this Bill shall be passed agreea- to each coun- to the' requirements of the Constitution, the following shall be adopted in lieu of so much of the third Section of the first Article of the Constitution as relates to the Sen- ate: * . ' . , The Senate shall ,be composed of one Senator from each County, chosen biennially by the electors thereof, on the first Monday in October, until the day of election is alter- "ed by law. (No 23.) An Act to alter and amend, the first paragraph of the seventh Section of the first Article of the Constitution ■ of this State. Passed, February 26,1850, and re-passed . November 26, 1851'. ' "Whereas the first paragraph of the seventh Section of the first Article of the Constitution of this State, as amended in- eighteen hundred and forty-two and eighteen hundred and forty-three, provides that the House of Representatives shail be composed of 130 members, each county shall * See New Digest, 1111, 1112. Also, 247. CONSTITUTION—A.MEHD.MEKT&—1649-51. 49 Apportionment of Representatives. shall have one Representative, and no county shall have more than two Representatives; thirty-seven counties hav- irig the greatest population, counting all free white per- sons and three-fifths of the people of color, shall have two Representatives,* &c. 2. Section I. Be it enacted by the Senate and Rouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as this' Bill shall have passed, Apportion, in accordance with the requirements of the Constitution, ^nntativ^p the following shall be adopted in lieu of the first paragraph countfes. of the seventh Section, of the first Article of the Constitu- tion, to wit: The House of Representatives shall be as follows : Each county shall have one Representative, and no county shall - have more than two Representative^; thirty-seven coun- ties having the greatest population, counting all free white persons and three-fifths of the people of color, shall have two Representatives. The said apportionment shall be made by the General Assembly at the session next after each future enumeration of the inhabitants of this State, made under the Constitution and Laws thereof, but at no other time. (Ho 24.) An Act to 'alter and amend the sixth Section and thi/rd Article of the Constitution of the State of Georgia. Passed, Feb. 22, 1850. Re-passed, December 5, 1851. Whereas, the sixth Section of the third Article of the Constitution of this State reads in the following words, to wit: " The powers of a Court of Ordinary, or Register of Probates, shall be vested in the Inferior Courts of each county, from whose decisions there may be an appeal to the Superior Court, under such restrictions and regulations as the General Assembly may by law direct, but the Infe- rior Court shall have power to vest the care of the records and other proceedings therein, in the Clerk or such other person as they may appoint; and any one or more Justices * See New Digest, 1112. Also, 246. 4 SO CONSTITUTIOlSr—AMENDMENTS—1849~'51. Powers of Probate Court vested in an Ordinary. of the said Court, with such Clerk or other person, may issue Citations and grant Temporary Letters in time of va- cation, to hold until the next meeting of the said Court; and such Clerk or other person may grant Marriage Li- censes.* 3. Section I. Be it enacted by the Senate and House of Bepresentatvoes of the State of Georgia in General .Assembly met, and it is hereby enacted by the authority of the same, That so soon as this Act shall have passed agree- able to the requirements of the Constitution, the following shall be adopted in lieu of the Section above recited, to wit: * Probate'court The powers of a Court of Ordinary or Register of Pro- bates, shall be vested in an Ordinary for each county, from appmjT whose decisions there may be an appeal to the Superior Court, under such restrictions and regulations as may be, or may have been prescribed by law. The said Ordinary ckA. shall be ex. officio Clerk of said Court, and may appoint a Deputy Clerk. - The Ordinary, as Clerk, or his Deputy, citations and may issue Citations and grant Temporary Letters of Ad- 'fSSST1* ministration, to hold until permanent Letters are granted; Mamage Li- and said Ordinary, as Clerk, or his Deputy, may grant Mar- cen8e' riage Licenses. The prdinaries in and for the respective EkctioB. counties, shall be elected as other County Officers ere,+ on the first Monday in January, Eighteen Hundred and Fifty- Two, and every fourth year thereafter, and shall be com- missioned by the Governor for the term of four years; in Vacancy, case of a vacancy in said office of Ordinary, from any cause, the same shall be filled by election, as. is provided in relation to other County Officers,£ and until the same is filled, the Clerk of the Superior Court for the time being, shall act as Clerk of said Court of Ordinary.§ * See New Digest, 1122. t For mode of election, aee New Digest, 198. t New Digest, 212. $ For Act carrying tbia clauae into effect, aee Title " Executora," Ac., Section First. COUNTIES AND COUNTY LINES. Counties and County lines.' 51 COUNTIES AND COUNTT LINES. ^ITLE YII J5JCC« 1. K 2. 44 3. H 4. 44 5. 44 6. || 7. , O <4 o. ,9. i. 10. 44 11. 44 12. « 13. 44 14. 44 15. 44 16. 44 17. « 18. 44 19. «4 20. 2L 44 22. •4 23. 44 24. 44 25. •4 26. •4 27. 44 28. «4 29. «4 30.' H 31. m 32. Repealing former Laws. Polk county laid out. Districts to which attached, Election of County Officers. County site. Site pro tem. Officers pro tem. Suits pending, &c. Terms of Court, &c. Line of Paulding & Cobb changed. New county site in Paulding. Payment to citizens of Yan Wert. Repealing clause. Whitfielu county laid out. Districts to which attached. Election of officers. „ « County site. Election precincts. Officers pro tem. Processes, service, &c. Terms of Courts. Old county's debts. Repealing clause. Spalding county laid out. Election of county officers. County site. Officers pro tem. Processes, service, &c. Pending suits, &c. Juries, how drawn. Extra tax authorized. ' Repealing clause. Taylor county laid out. Districts, to which attached. Election of county officers. County site. Site pro tem. Officers pro tem. Processes, service, &c. Terms of court. Repealing clause. Line changed, Telfair and Appling. Pulaski and Telfair. Repealing clause. Baker and Thomas. Sec. 46. " 47. " 48. " 49. " ,50. " 51. " 52. " 53. " 54. " 55. " 56. " 57. " 58. " 59. " 60. " 61. " 62. " 63. " ' 64. " 65. " 66. " 67. 70. 71. 72. 73. 74. 75.' 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. Lowndes and Thomas. Merriwether and Coweta. Hall and Gwinnett. Baker and Randolph. Telfair and Irwin. Hall and Lumpkin, et' al. Repealing clause. Jasper and Newton. Gordon and .Floyd. Wilkes and Lincoln. Paulding and Polk. Jasper and Jones. Cass and Floyd. Paulding and Cobb. Paulding and Polk. Thomas and Baker. Between several counties. Floyd and Polk. Ware and Wayne. Campbell and Fayette. Repealing clause.. Ware and Wayne. Repealing clause. Ware and Telfair. Repealing clause. Madison and Jackson. Sanders residence. Line to be run. Baker and Randolph Repealing clause. Clark and Madison] Repealing clause. Macon and Crawford Pike and Spalding. Repealing clause. Murray and Gordon. Floyd and Gordon . Processes, suits, &c. Stewart and Randolph Cass and Polk. Twiggs and Bibb Repealing clause. Marion and Macon. Repealing clause. 52 COUNTIES AND COUNTY LINES. Repealing former Laws—Polk County laid out. (No. 25.) An Act to repeal all laws heretofore passed changing the residence of citizens of this State from one county to another, without altering the bounda/ry lines between the said counties. Approved, January 7, 1852. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Qeorgia in General Acts repealed Assenwly met,,That all laws of this State heretofore pass- the'cresidence ed, which change the residence of citizens of this State ding°thlTand! from one county to another, without altering the boundary lines of the said counties so as to include the lot of land or residence within the boundary lines of the county to which it is annexed, be and the same are hereby repealed. (No. 26.) An Act to lay out and organize a new county from the counties of Paulding and Floyd / attach the same to a Senatorial, Judicial and Congressional District, and to attach a portion of Cobb county to the county of Paulding, and to provide for the location of a county site in such new county, a/nd also in the county of Paulding. Approved, December 20,1851. 2. Section I. 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 New county samei That from and after the first day of April iaiTont°frora next, a new county shall* be laid out and organized from Fioyd1"8 an the counties of Paulding and Floyd, to be included within the following limits, to wit: Beginning at the south-west corner of lot of land num- oun ary, ^ four and eight, in the first district of the third section of now Paulding county; running thence due north to south-west corner of lot. of land number twelve .hundred and seventy-nine, in the eighteenth district of the third section of the last named county; running thence west of north until the line reaches the north west corner of lot of land number thirty-one, in the eighteenth district of the third section, where it reaches the line dividing the COUNTIES AND COUNTY LINES. 53 Names, Boundary, &c, counties of Cass and Paulding; thence west along the line dividing the counties of Cass and Paulding, until the line shall reach the south-east comer of the twenty-second dis- trict and third section, number three hundred and forty- two ; thence due north to the north-east corner of lot of land number three hundred and forty-one, in said last named district; thence due west to the Alabama line; - thence east of south along the line dividing the States of Georgia and Alabama, until it reaches the south-west cor- ner of the county of Paulding; thence south of east along the line dividing the counties of Carroll and Paulding, un- til it reaches the south-east corner of lot of land number four hundred and eight, in the first district of the third section of now Paulding county, the starting point. 3. Sec. II. And be it further enacted by the authority . aforesaid, That the new county described in the first sec-Name, tion of this Act, shall be called and known by the name •of Polk county, and shall be attached to the Fortieth Sen- ^ atorial district, the Blue Ridge Judicial circuit, and to thecM,Rideo fifth Congressional district, and to the First Brigade of the distric^^ Eleventh Division Georgia Militia. • Ifth^dfvkfo^ 4. Sec. III. And be %t further enacted by the authority aforesaid, That the persons included within.the said newoff county, entitled to vote for the same, shall on the firstcounyo re' Monday in April next^ elect five Justices of the Inferior - Court, a Clerk of the*Superior and Inferior Court each, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and County Surveyor, for said county, and that the election of sai$ county officers shall be held at Cedar Town Court House, now in the county of Paulding, in the second district of the fourth section, and shall be superin- tended and conducted in the manner prescribed by law, and the Governor, on the same being certified to-him, shall commission the persons returned to him as elected at such elections, to hold their offices respectively for the term pre- scribed by law. And that the Justices of the Inferior Court after they shall have been commissioned, shall pro- ceed to lay off said county into Militia Districts, and ad-giadb. vertise for the election of the requisite number of Justices of the Peace in such districts, and the Governor, on being Election 0f duly certified of the elections of such Justices of the Peace Peacefi01^® shall commission them according to law. 5. Sec. IY. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said County ^ite. county, after they shall have been commissioned, shall have power and authority to select and locate a site for the pub- lie buildings in said county, and the said Justices or a ma-« jority of them, are hereby invested with full power to pur- COUNTIES AND COUNTY LINES. Elections—Officers pro tem. Arrangem'nts chase a tract of land for the location of the county site, to thereior, - divide the same into lots, and sell each lot at public sale for the benefit of said county, or to make such other arrange- ments or contracts concerning the county site or location of the public buildings as they may think proper. 6. Sec. Y. Be it further enacted by the •authority Ejections at aforesaid, That the elections of the county generally, and pieodtemTown' the public business thereof, shall be held and transacted at Cedar Town, in the second district of the fourth section, until the public site shall be located by the Inferior Court ,as aforesaid, and until the organization of the Militia Dis- tricts, after which, in each of said districts, there shall be election precincts, and votes received at them accord- ingly. 7. Sec. YI. And be it further enacted by the authori- officer pro ty aforesaid, That all officers now in commission, who shall Um" be included within the limits of said new county, shall hold their commission and exercise the duties of their several offices within the said county, until their successors shall have been elected and commissioned. 8. Sec. YII. And be it further enacted by authority suit*, &e., aforesaid, That the papers appertaining to all suits pend- fransifefred0 to ing in either of said counties out of which this new coun- new county. ^ -g forme(^ where the defendant resides in such new county, shall be transferred to.th£ proper officers of such new county, and there tried and disposed of; * and that Process, Fifas all mesne process, executions, and other final process in the livered to new hands of the Sheriffs, Coroners and Constables, of the officers, counties of which the new county may be formed, and which property belongs to said new county, and which may have been levied, or in part executed ; and such proceed- ings therein not finally disposed off at the organization of said new county, shall be delivered over to the correspond- ing officers of said new county, and such officers are here- ^Thoir duty, by authorized and required to proceed with the same and in the same manner as if such process had been originally Proviso, in their hands ; Provided, Thht in all cases, publication of the time and places of sale, and proceeding of the like character in the new county, shall be made for the time now prescribed by law, and all such process which proper- ly belongs to the counties out of which such new county may be formed, which may be in the hands' of the officers of said new county, shall in like manner be delivered over to the officers of said county, to be executed by them in the manner herein prescribed. * Such is the law in the absence of this provision." X Georgia Reports. 241. COUNTIES AND COUNTY LINES. .55 Terms of holding Court—New County Site to be bought and located. 9. Sec. YIII. And be it further enacted by the au- Tern* 0r thority aforesaid, That the Superior Courts for said newholdineeoort county shall be held on the third Mondays in February and August,* and the Inferior Courts on the third Mon- days in April and October. • 10. Sec. IX. And be it further enacted by the authority aforesaid, That the dividing line between the counties ofLine betw«* Paulding and Cobb shall be changed to run as follows, to uobb&e'S wit r . ■ • ' Commencing at the north-east corner of lot of land, number two, in the twentieth district of the second section of now Cobb county, and thence running due west through the nineteenth district and eighteenth district of the sec- ond section of Cobb county, to where said line reaches the Campbell county line, and all that portion of territory now lying in said county of Cobb, west of said described line, be and the same is hereby attached to the county of Panlding. 11. Sec.' X. Be it enacted by the authority aforesaid, . That the Inferior Court of said county of Paulding, shall «>»<■* have full power and authority to select and locate a site for the public buildings in said county, and the Justices of said Court, or a majority of them, are hereby invested with full power to purchase a tract of land for the location of the county site, to divide the same into lots, and sell each lot at public sale for the benefit of said county, or to make such arrangements concerning the county site or location of the public buildings, as they may think proper. 12. Sec. XI. Be it further enacted by the authority aforesaid, That from the sale of town lots at the new coun- compensatr* ty site to be located in such new county, it shall be and is vaSwSL ° hereby made the duty of the Inferior Court of such new county, to pay to the citizens resident within the corporate limits of the town of Yan "Wert, whatever amount of dam- age3 they may sustain to their property within the corpo- fate limits of said town by the removal of the county site therefrom, such damages to be assessed by five freeholders howasauna, to be appointed by the Inferior Court of said new county. 13. Sec. XII. And be it further enacted by the author- ity aforesaid, That all laws and parts of laws militating Repe^fa*' against this Act, be and the same are hereby repealed. * Changed to second Monday in March and September by a subsequent Act.— See Title "Judiciary Art., Sessions, &c. 56 COUNTIES AND COUNTY LINES. Whitefield county—Boundary. . (No. 27.) An Act to lay out and form a new county out pf the county of Murray, and to organize the same. Appro- ved, December 30,1851. 14.. Section I. Be it enacted by. the Senate and Mouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this Act, a new county shall be laid out from the county of Murray, to be included within the following bounds, to wit: Bounder, Beginning at the south-west corner of the county of Murray; running from thence east with the line between Murray and Gordon counties, until it strikes the mouth of the Conasauga river; thence up and with the meanders of said river, to the mouth of Sugar Creek; thence with the meanders of said creek to the Tennessee line; thence west with said line to the line of Walker and Murray county; thence south with the line of Murray and Walker to the [place of] beginning. 15. Sec. II. Be it further enacted by the authority Name. aforesaed, That the new county described in the first Sec- tion of this Act, shall be known by the name of Whitfield To what dis- county, and be attached to the Cherokee Judicial Circuit, tnet attac . ^ fifth Congressional District, and to the forty-fifth Sen- atorial District, and to the first' Brigade of the twelfth Di- vision Georgia Militia. 16. Sec. III. Be it further enacted by the authority Election of aforesaid, That the persons included within the said new county offi'rs, COunty, entitled to vote for Representatives in the General Assembly, shall on the first Monday in February, 1852, proceed to elect five Justices of the Inferior Court, a Clerk of the Superior Court, a Clerk of the Inferior Court, a Sheriff, a Coroner, a Tax Collector, and Receiver of Tax Returns, a County Surveyor, for said county; the election for said • officers shall be held at Dalton, Til ton, Tunel Hill, and Yarnal's Station, and shall be conducted in man- ner as is now prescribed by law, and the Governor, on the same being certified to him, shall commission such persons as returned to him as elected at such elections, to hold their respective offices for and during the terms prescribed by law ; and that the Justices of the Inferior Court, after they shall have received their commissions, shall proceed to lay Hiiitia dist's. out and divide said new county into Militia Districts, and advertise for the election of the requisite number of Justi- COUNTIES AND COUNTY LINES. 57 Election of Officers, ces of the Peace, and the Governor, on being duly certi-Elections of bed of the election of such Justices of the Peace, shall Peac^sof commission them according to law. 17. Sec. IY. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said county site, Whitfield county, shall have full power and authority to select aud locate a site for the public buildings in said coun- ty, and the said Justices, or a majority of them, are hereby authorized to purchase a tract or lot of land for the loca- tion of the county site, to lay off the same into lots, and sell the same at public sale for the benefit of said coun- ty, or make such other arrangements or contracts in rela- Arrangement tion to the location^of the county site'and public buildingstherefor' as they may deem most advantageous to the public good. 18. Sec. Y. And be it further enacted by the authority aforesaid, That the elections of the county generally, and Election pre. the precincts for all. elections shall be established at thecmcts' places of holding Justices Courts in the several districts in said county, and votes received at them accordingly. 19. Sec. YI. And be it further enacted J>y the author- ity aforesaidThat all Justices of the Peace and Bailiffs, officer£)pro within the limits of said new county, shall hold their com- tem> missions and exercise the duties of their several offices within the said limits of the aforesaid county, until their successors shall have been elected and commissioned. 20. Sec. YII. yAnd be it further enacted by the author- ity aforesaid, That all mesne process, executions, andAii processes other final process in the hands of the Sheriff, Coroners, tobofficerarof and Constables of the county of which the new countynew c°unty' may be formed, and which properly belongs to said new county, and which may have been levied or in part execu- ted, and such proceedings therein not finally disposed of at the time of passing this Act, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and retired to proceed with Their duty, the same and in the same manner as if such process had been originally in their hands ; Provided, That, in all ca- Proviso, ses, publication of the time and places, and proceedings of the like character in the new county, shall be made for the time now prescribed by law, and all such process which properly belongs to the county out of which said new county may be formed, which may be in the hands of the officers of said new county, shall in like manner be deliv- ered over to the officers of said county to be executed by them in the manner herein prescribed. 68 COUNTIES AND QOUNTY LINES. Spalding County—Boundary 21. Sec. VIII. And be it further enacted by the ate- Terms of thority aforesaid, That the Superior Courts for said coun- *°urts' tj shall be held on the first Monday in April, and Tuesday after the first Monday in October; * and the Inferior •Courts on the first Monday in January and July. ' 22. Sec. IX. And be it further enacted by the authori- ty aforesaid, That whereas there is now an outstanding New county debt against the county of Murray, that said new county LaffoftSeold shall pay or cause to be paid one-half of said debt, and dcbt- the Justices of the Inferior. Court of Murray county, and the Justices of the Inferior Court for said new county, shall have full power to adjust and settle the same, and all things by them* done in relation thereto shall be bind- ing ; and for the purpose of paying said one-half of said debt, the Justices of the Inferior Court of Whitfield coun-; Extra tax. ty shall be authorized "and required to levy an extra tax on the citizens of said county. 23. Sec. X. And be it further enacted by the authori- Repealing ty aforesaid, That all laws and parts of laws militating •IaU3e' against the provisions of this Act, be and the same aro hereby repealed.» (No. 28.) An Act to lay of and organize a new County from the Counties of Pike, Henry and Fayette. Approved, December 20th, 1851. 24. Sec. I. Be it enacted by the Senate and House of ^Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by authority of the same, That there shall be a new county laid out and form- ed from the counties of Pike, Henry and Fayette, to be bounded as follows: Boundary, Beginning on the line now separating the counties of ITenry and Butts, where the Towaliga river crosses the said line, and running up the middle of the stream of said river to the point where the western line of lot of land number one hundred and eighteen in the original second district of Henry county crosses the same ; thence north * Changed by subsequent Act to second Monday in April and October. 6e« " Judiciary." COUNTIES AND COUNTY LINES. Name—Election of C( uuty Officers^ 69 along the line as run by the Surveyor in laying off said district into lots, to the north-east corner of lot number one hundred and forty-nine in the said district; thence west on the 6riginal surveyed line to the south-west corner of lot number one hundred and eighty-two, in the original third district of Henry county ; thence north across two ranges of lots; thence west along the surveyed line to [Flint river in Fayette county; thence down the middle of the main stream of said river to the south line of the eighth range of lots in the county of Pike; thence east along the surveyed line to the principal branch of the Potatoe Creek, in Pike county; thence down the run of the creek across one range of lots; ] thence east along the surveyed* lino to the line now separating the counties of Pike and Monroe ; thence north along the said line to the south-west corner of Butts county ; thence with Name, the line separating Butts from Pike and Henry counties, to the beginning; that the territory thus included shall Districtete form a new county* to be called the county of Spalding; which attach, that the same shall be attached to the Flint Judicial cir- cuit, to the third Congressional district, to the thirty-second Senatorial district, and to the second Brigade of the eighth Election or Division Georgia Militia. cou> office*. 25. Sec. II. And be it further enacted, That the quali- fied voters within said new county, shall on the first Mon- day in February next, at the several election precincts now . established by law, and which are included within the said new county, proceed pursuant to the election laws now of force, to elect all county officers necessary for the organi- zation of the said new county, according to the laws of this State; and the Inferior Court thereof, so soon as com- missioned, shall lay off the said new county into Militia Districts, and advertise for the election of the requisite number of Justices of the Peace, and the Governor on be-ConntyBjtat ing duly certified of the elections aforesaid, shall commis- sion the persons elected according to law. 26'. Sec. III. That the Inferior Court of said new coun- ty shall select and locate a site for the public buildings thereof within the limits of the city of Griffin, and provide for the erection of the same, and make such temporary ar- rangements for the transaction ^ of the pubjic business of office* pr* said new county in the meantime as may be necessary and proper. ^ *. 27. Sec. IV. All officers now in commission who shall be included within the limits of said new county, shall hold their commissions and exercise the duties of the sev- eral offices within said county, until their successors shall have been elected and qualified. 60 COUNTIES AND COUCTY DINES. • Processes to be Transferred. Processes to be 28. Sec. V. That all mesne process, executions, and offieemjfnew other final process in the hands of the Sheriffs, Coroners, county* and Constables of the counties of which the new .county may be formed, and which propeijy belong to said new county, and which may have been levied or in part execu- ted, and such proceedings therein not finally disposed of at the time of passing this Act, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and required to proceed with Their duty, same and in the same manner as if such' process had eir ' been originally in their hands ; Provided, That in all ca- ses, publication of the time and places of sale and pro- ceedings of the like character in the new county shall be made for the time now prescribed by law, and all such process which properly belong to the counties out of which said new county may be framed, which may be in the hands of the officers of said new county, shall in like man- ner be delivered over to the officers of said counties to be executed by them in the manner herein prescribed. 29. Sec. VI. And be it further enacted, That all ac- tions now pending in either of the counties from which Sered!nit3 ^e saic* new county is taken, wherein the defendant or de- fendants may be included in said new county, shall be transferred with all papers relating thereto, and trial had in said new county where the defendant resides.* 30. Sec. VII. And be it fu/rther enacted by the author- ity aforesaid, That the Inferior Court, Clerk of the Supe- -rior and Inferior Courts and Sheriffs of said new county, Jones to beS^a^ as soon as convenient after their qualification, from drawn by in- the best information they may be enabled to procure, make enorcour, & selection of the Grand and Petit Jurors, and proceed to the drawing thereof as pointed out by law, for the ensuing Superior and Inferior Courts. ■> 31. Sec. VIII. And be it further enacted by the author- ity aforesaid, That the Inferior Court of said new county shall have power to levy and collect an extra tax for coun- ty purposes, in each of the years eighteen hundred and KjypwpSfifty-two and eighteen hundred and fifty three, of such per • cent, on the State tax, as to the said Court may seem ne- cessary and proper. 32. Sec. IX. And be it further enacted, That the Su- perior Courts of said new county shall be held on the fourth Mondays in February and August, * and the Inferior Terma of Courts on the fourth Mondays in May and November. * Third Mondays in May and November by a subsequent Act. See " Judi- ciary. * See X Georgia Reports. COUNTIES AND COUNTY LINES. 61 Taylor County—Boundary. 32. SEa X. And be it further enacted by the authori- ty aforesaid, That all 4aws and parts of laws militating Reeling against this Act, be and the same are hereby repealed. °ause' (Xo. 29.) An Act to la/y out a new County from the Counties of Ta\bot, Macon and Marion, and to attach the same to a Senatorial District. Approved, January 15, 1852. 33. Sec. I. Be it enacted by the .Senate and Mouse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and aft^r the passage of this Act, that a new county shall be laid out from the counties of Talbot, Macon and Marion, to be included in. the following boun- daries, to wit: Beginning at Walker's Ferry on Flint riv^r in Talbot Boundary county, running thence along Walker's Ferry Boad to Prattsburg; therice due south until it strikes the twelve mile station on lot number two hundred and. fourteen, in the fifteenth district of Talbot county; thence along the Fort Perry road to Patsiliga Creek; thence' up said creek to the district line between the fifteenth and sixteenth dis- tricts ; thence on said line until it strikes Cedar Creek in Marion county ; thence down said creek until it strikes Turner's Bridge, Macon county ; thence along the road- leading to. the burnt bridge on Whitewater Creek, Macon county ; thence on a straight line running north-east until it strikes Horse Creek on the south-west corner of lot of land number one hundred and sixty-two in the thirteenth district, Macon county ; thence to the north-west corner of lot number one hundred and ninety-four in said district; thence on a direct line due east until it strikes Flint river between lots [numbers] two hundred and forty-six and two hundred and forty-seven in the first district of Macon conn- ty; thence up said river to the mouth of Patsiliga Creek; thence along the old Talbot line to Walker's Ferry, the starting point. ^ 34. Sec. II. Be it further enacted' by the authority aforesaid, That the new county described in the first sec- Name, tion of this Act, shall be called and known by .the name of Taylor; and shall be attached to the Chattahoochee' 62 COUNTIES AND COUNTY LINES. Election of County Officers—County Site Districts to Judicial Circuit, to the third Congressional district, and to which attach- ^ twenty-eighth Senatorial district, and to the first Bri- gade of the second Division Georgia Militia." 35. Sec. III. And be it further enacted by the author- Ei«tionof ity aforesaid, That the persons included within said new «o. ° <*«. entitled to vote for the same, shall on the first Mon- day in February next, elect five Justices of the Inferior court, a Clerk of the Superior and Inferior Court each, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and County Surveyor, for said county; and that the elec- tion of said county officers shall be held at the Fifty Mile Station on the Muscogee Rail Road, and shall be conducted and superintended in the manner prescribed by law,.and that the Justices of the Inferior Court, after they shall have been commissioned, shall proceed to lay on said MiHtia county into Militia Districts, and to advertise for the elec- «feuict3, tion of the requisite number of Justices of the Peace in Election of sa^ Districts, aQd the Governor on being duly certified of j.p.bono the election of such Justices of the Peace, shall commis- sion them according to law. 36. Sec. IY. And be it further enacted by the author- County ity aforesaid, That the Justices of the Inferior Court of said county shall have full power and authority to select and locate a site for the public buildings in said county; and the said Justices, or a rnajority of them, are hereby Arrangement invested with full power to purchase a tract of land for the iberefor,, location of the county site; to divide the same into lots and sell each lot at public sale for the benefit of said coun- ty, or to make such other arrangements or contracts con- ,cerning the county site or location of the public buildings, as they may think proper. 37. Sec. Y. And be it further enacted by the authority mtow tcm, aforesaid, That the elections of the county generally, and the public business thereof, shall be held and transacted at the Fifty Mile Station on the Muscogee Railroad, until the public site shall be located by the Inferior Court as aforesaid, and until the organization of -the Militia Dis- tricts, after which, iL each of said districts, there shall be election precincts, and votes received at them accord- ingty- 38. Sec. YI. And be Jit further enacted by the author- pro ity aforesaid, That all iofficers now in commission, who shall be included within the limits of said new county, shall hold their commissions and exercise the duties of their several offices within the said coupty until their sue- cessors shall have been elected and commissioned. 39. Sec. YII. And be it further enacted by the author- Processes to be fay aforesaid, That all mesne process, executions and COUNTIES AND COUNTY LINES. 63 Line between Telfair and Appling changed. other final process, in the hands of the Sheriffs, Coroners dewed.to and Constables of the counties of which the new county county, may be formedj and which properly belongs to said new county, and which may have been levied or- in part execu- ted, and such proceedings therein not finally disposed of at the time of passing this Act, shall be delivered over to the. corresponding officers of said new county, and such offi- cers are hereby authorized and required to proceed with Theird,lty' the same, and in the same manner, as if such process had been originally in their hands ; Provided, That in all ca- Proviso, ses, publication of the time and places of sale and proceed- ings of the like character in the new county, shall be made . for the time now prescribed by law, and all such process which properly belongs to the counties out of which said new county may be formed, which may be in the hands of the officers of said new county, shall in like manner be de- livered over to the officers of said counties, to be executed by them in the manner herein prescribed. 40. Sec. VIII. And be it further enacted by the author- ity aforesaid, That the Superior Court for said county Terms 0r shall be held on the third Mondays in May and November,court' and the Inferior Courts on the second Mondays in Febru- ary and August. 41. Sec. IX. Be it further enacted hy the authority ^[Eeean Jasper above recited Act be and the same is hereby repealed, andandJoaes* that the.said land is hereby re-attached to thp county of, Jones. . ' Sec. II. And be it further enacted,. That so much of the Ja*per ud lot number forty, in ,tlie twelfth district of originally Bald-Jones* win, now Jasper and Jones counties, as lies in Jasper* county, be ana*the same is hereby added to the county of Jones. 68 COUNTIES AND COUNTY LINES. Lines changed between several Counties. (No. 35.) An Act to change the line between the counties of Cass and Floyd, so as to add certain lots of land therein named to the county of Floyd ; and to define the line between the counties of Paulding and Cobb ; and to define the line between the counties of Pauld- ing and Polk; and to change the line between the counties of Walker and Gordon ; and to change the line between the connties of Cass and Paulding ; also, the line between the counties of Murrafrand Gordon ; also the line between the counties of Cass and Gordon ; also, the line between the counties of Thomas and Baker j and the line between Floyd and Polk; and the line be- tween Ware and Wayne. Approved, January 13, 1852. • 58. Section I. Be it enacted by the Senate and House of JR&presentatims of the State of Georgia in Genral As- semblg met, and it is hereby enacted by the authority of the Line chancen same, That from and after the passage of this Act the line- between the counties of Cass and Floyd shall be so chang- ed as to include in and have added to. the county of Floyd the following lots of land, to wit: Numbers one hundred and eighty-one, one hundred and eighty-two, one hundred and^ fifty, one hundred and fifty-one, one hundred and twenty-one, one hundred and twenty, ninety and ninety- one, in the sixteenth district of the third section of Cass county. , % Line between Sec. II. Be it further enacted, That the dividing c£bbdldne!nedd ^ne between the counties of Paulding and Cobb shall be ' 'as follows: v Commencing at the north-west corner of lot number one in the twentieth district of now Cobb county ;* due south along the sectional line to the north line of the nineteenth district of said county ; thence due east along. the district line one mile ; thence due south to the line of Campbell county. , . Between 60. Sec. Ill, And be it further enacted, That the divi- Poikdins and c^nS bne between the counties of Paulding and Polk shall be as follows: Commencing at the south-tvest comer of lot of land number four hundred and eight, in the first district of the third section; running thence due north to! the south-west corner of lot of land number twelve hundred and seventy- nine in the eighteenth district of the third section ; run- ning thence east of, north until it reaches the north-west corner of lot of land number thirty-one, in the eighteenth district of the third section, where it reaches the fine divi- ding the counties of Cass and Paulding. COUNTIES AND COUNTY LINES. 69 Lines changed between several Counties. 61. Sec. IY. Beit further enacted, That lot of land no. i, eighth number one in the eighth district of Thomas county, being the residence of Thomas Cuthrell, be and it is hereby ad- ded to the county of Baker. 62. Sec. Y. And be it f urther enacted, That the county line changed lines between Walker and Gordon eo.unties be changed sowSkwud as to add lot of land number two hundred and thirty-five,Gordon'* twenty-sixth district and third section in Walker county to the county of Gordon; also^ the county lines between the counties of Cass and Paulding, be changed so as to caa3& Pauia. add lots of land number thirty-five, and thirty-six, eighteenth district and third section in the county of. Paulding, to the county of Cass; and also, the coun- •ty lines between the counties of Murray and: Gordon be Murray aad changed so as to add lots of land two hundred and fifty-Gordon'- four and two hundred and fifty-five, in eighth district and third section in Murray county, to the county of Gordon: also, the county lines between the counties of Cass and 'Gordon, be changed so as to add lot of land number .one hundred and thirty-six, twenty-third district, third section, in Cass eounty to the county of Gordon. - 63. Seo. Yi. Be it further enacted, That the line be-FioydW tween the counties of Floyd and Polk be so changed as toPolk' commence at the north-east corner of lot number three hundred and forty-one, twenty-second district and third ' section, and to run west along the land line to the north- west corner of lot number nine hundred and sixty-two, 'third district and. fourth section ; thence south to the north- west corner of lot number eleven hundred and seventy- eight, in the third district and fourth section; thence west to the Alabama line. . 64. Sec. YII. And be it further enacted, That the coun-Wareand ty lines between , the counties of Ware and Wayne, be so Wayne, altere'd as to include in the county of Wayne, the residence ot Daniel Herring and William Purdum. Sec! YHI. And be it further enacted, That all laws and parts of laws militating against this Act, be and the same °au#e* are hereby repealed. 70 . COUNTIES AND COUNTY LINES. Lines changed between several Counties. (No. 36.) An Act to change the line between the counties of Campbell and Fay- ette,so as to include the residence of John Griffin and Thomas S. - Roberts, now of the county of Fayette, in the county of Campbell. Approved, January 14, 1852. 65. Section I. Be it enacted by the Senate and House of Bepresbntatires of the State of. Georgia in General As- sembty met, and it is herebg enacted by the authority of the Line between same, That from and immediately after the passage of this FayetS11 and Act, the line between the counties of Campbell and Fay- • ette be, and -the same is hereby so altered and changed as to include the residences of John Griffin and Thomas S. Roberts, now in the county of Fayette, in the county of Campbell. ,•66. Sec. il. And be it further enacted by the authority Repealing aforesaidr That all laws and parts of laws militating against, clause. this Act, be, and the same are, hereby repealed. (No. 37.) An Act to change the line, between the counties of Ware and Wayne so as to define the same. Approved, December 26, 1851. 67. Section I. Be it enacted by the Senate and House of Bepresentaii/ces of the State of'Georgia in General Assem- Fly met, a/nd it is .hereby enacted by the authority of the Line between some, That from and after the passage of this Act the line Wa^e^han- between the counties of Wayne and Ware be and the same sed' is hereby changed as follows : First—Commencing where the line between said coun- ties crosses the Great Satilla river, and running thence up said river to the Indian Bluff; thence along the branch running in at said Bluff, to Cross Swamp.; and thence along the said Cross Swamp to the Little Satilla; thence upthe Little Satilla'to the line of Appling county ; thence down said line of Appling to the line of Wayne county, dealing 68. Sec. II. And be it further enacted, That all laws clause. and parts of laws militating against this Act, be and the same are hereby repealed. COUNTIES AND COUNTY LINES. 11 Lines changed between several Counties. (No. 38.)- 1 ' ' * An Act to change the line between the counties of Ware and Tel-' fair. Approved, December 16, 1851. 69. Section I. Be it enacted By the Senate and House of Representatives of the State of Georgia in General As- semBly met, and it is hereby enacted By the authority of the same, That the line between the counties of AY are and Line Ranged Telfair shall be changed so as to add the residences ofandwTeifairant Hardy Hall and Parrish Langford, of the county of Tel-. fair, to the county of Ware. TO. Sec. II. And Be it further enactedf That all laws and parts of laws militating against this Act, be and the same are hereby repealed. " - • (No. 39.) An Act to add a part of the county of Jackson to the county of Madison, so as to1 include the residence of William Saunders. Approved, December 26, 1851- 17. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, a por- Line changed tion of the present boundary line separating the counties of Madison and Jackson counties, shall be changed asBon' follows, towit: Beginning at the place where the line of said counties .strike the southern boundary lin^ of the lands of William Saunders, of Jackson county; running thence so as to cut off from the dfthnty of Jackson, the lands, tenements and residence of William Sauhders, and add the same to the .county of Madisom 12. Sec. II. And be it fwther enacted, That the resi- Wm. Sanden dence of William Saunders being cut off by the aforesaid tTiiSf lines from the county of Jackson, be and the same are hereby added to the county of Madison. " 73. Sec. HI. And be it further enacted, That said new 72 COUNTIES AND COUNTY LINES. Lines changed between several Counties. idne^tobern* boundary line be run and plainly marked by some compe- *** ' tent Surveyor, a plat of which shall be made out by said Surveyor, and returned by him to the Clerks of the Inferi- or Courts of said counties, who are hereby ordered to record the same on the Minutes of their Court respective- ly, and the expenses of said survey, and the recording such plat, be paid by the said William Saunders. (No. 40.) An Act to change the line between the counties of Baker and Ran- dolph, so as to include lot of land number ten in the third of Baker, in the county of Randolph. Approved, January 12, 1852. 74. Section i. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- semhly met, amd it is hereby enacted by. the authority of bftw£nania! the same, That the line dividing the counties of Baker Randolph. an(^ Randolph, shall be"and the same is hereby altered and changed so as to include lot of land number ten, in the . third district of Baker, in the county of Bandolph. Repealing 75. Sec. II. And be it further enacted, That all laws clause' * and parts of laws militating against this Act', be, and the same are, hereby repealed. ( No. 41. ) An Act to alter and change the county line between the counties of « Clarke and Madison, so as to intlude the land and residence of Obadiah Thompson, of the county of Madison, %, the county of Clarke. Approved, January 20, 1852. 76. SectioitI. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly metf and it is hereby enacted by the authority of bitw^ianged the same, That from and after the passage of this Act, the county line between the counties of Clarke and Madison, COUNTIES AND COUNTY LINES. 73 '« Lines changed between several Counties. shall be so altered and changed as to include the land and residence of Obadiah Thompson, now > of the county of Madison, in the county of Clarke. 77. Sec. II. And be it further enacted, That all laws repeaiin* and parts of laws militating against this Act, be and theclauw> same are hereby repealed. (No. 42.) An Act to alter and change the line between the counties of Macon and Crawford, so as to' add to and include within the county of Macon, lots numbers one hundred and twenty-two and one hun- dred and thirty-seven of the .eighth district of originally Houston now Crawford county; also, to alter and change the line between the counties of Pike and Spalding. Approved, January 12th, 1852. 78. Section I. Be it enacted by the Senate and House of Bepresentati/ves of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Line .hanged line between the counties of Macon and Crawford be, andwnT&cr^- the same is hereby, so altered and changed.as to add toford' and include within the said county of Macon, lotsnum- bers one hundred and twenty-two and one hundred and. thirty-seven of the eighth district, of originally Houston, now Crawford county. 79. Sec. II. And be it further enacted, by the authority aforesaid, That the county line of Pike shall be so alter- And Pike and ed as to include the residences of William Anderson, Mat-Spaldms* thew Anderson, Francis'Anderson, Benjamin F. Huckaby, Grideon Kirk, John C.Matthews, J. W. Hancock, Ezra Johnston, Jesse Davis, J., S. Bottoms, S. Dossey, J. O. Dossey, A: B. Trammel, David Huckaby, Henry F. Jack- son, Thomas Holsey, William B. Horton, and Wiot A. Harper, now of the county of Spalding, in the county of Pike. - . . 80. Sec. HI. And be it further enacled by the authority aforesaid, That all laws and-parts of laws . militatingRepealinff against this-Act, be, and the same are hereby repealed. ckUBe- n COUNTIES AND COUNTY LINES. Lines changed between several Counties. (No. 43. ) An Act to add a part of the counties of Murray and Floyd to the , county of Gordon ; and to add a part of the county of Ran- dolph to the county of Stewart; and to change the line between the counties of Cass and Polk. Approved, January 1st, 1852. -81. Section I. Be it enacted by the Senate and \House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of unsohugBa the same, That from and after the passage of this Act, that ray^and Go£ the line dividing the counties of Gordon and Murray shall /beas follows: 7 Commencing where the Coosawattee river crosses the line dividing Gilmer and Murray counties in twenty-fifth district, second section- of originally Cherokee; runnipg thence down said river until it reaches the north line* of lot of land number two hundred and seventy-six,, in the eighth district of the third section of now Murray county; thence west until , said line shaU reach 'the thirteenth dis- trict of the third section of now Murray county; thence north to the north-east corner of lot number two hundred and seventy, in the" thirteenth district of third section in said last named county; thence west to the line dividing the counties of Walker and Murray, and all that portion of Murray county lying south of said line, be and the same is hereby added to the county of Gordon, rioyd and 82. Sec. II. And he it further enacted, That a portion Gordon' of the county of Eloyd, commencing at the north-east cor- ner of lot of land number eighteen, in the twenty-fifth dis- trict and third section of said county; running thence due west along the land lines to the north-west corner of lot number thirteen; thence due south to the sonth-west cor- mer of lot number twenty-four; thence due east to the north-west corner of lot number fifty; thence due South until you strike a branch running through lot number three hundred and twelve, in twenty-fifth district, third •section of Floyd county; thence down said branch until it runs into main prong of John's Creek; thence down said creek to the Oostenaula river; thence up s&id river to the north-east corner of lot number ninety-eight, in twenty- fourth district of third section of Floyd county; thence east to Gordon county line, be and the same is hereby ad- ded to and made a part of the county of Gordon. fro cesses, 8.3. Sec. III. And be it further enacted by the author- !>e 'tratwfiWed ity aforesaid, That all suits, prosecutions, executions, and to Gordon co. ap an(j every mesne or final process, commenced or pend- COJJNTIES AND COUNTY LINES. 75 Lines changed between several Counties. ing in any of the Courts in Murray or Eloyd counties, when the defendants in them reside in the limits of the territory added to the county of Gordon, and all papers in the hands of the Sheriffs, or other officers, of the above named counties, be transferred to the dockets and like officers of the county of Gordon, and be placed upon the dockets with the same entries as standing upon the docket of the courts from whence transferred. 84. Sec. TV". And be it further enacted, That the coun- ^ne^hanged ty lines of Stewart and Randolph counties be so changed as to add the lot of land on which John Blackshear, of an °P Randolph county, now resides, to the county of Stewart. *85. Sec. Y. And be it further enacted, That the coun-cais& p0ik. 1 ty lines between the counties of Cass and Polk be so chan- ged as to add lots of land numbers twenty-seven and twen- ty-eight, in eighteenth district of third section' of now Polk county,-to the county of Cass. ( No. 44. ) An Act to add lot of land number sixty-two, in the seventh district of originally Baldwin, now Twiggs county, to the county of Bibb. Approved, January 20, 1852. j. 86. Section I. Be it enacted by the Senate and House of Jttejpresentatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That lot of land number sixty-two, (62) in the Line changed seventh district of originally Baldwin, now Twiggs coun- TwTg^and ty, the same being a part of the plantation of Elisha Da- ®!bb* vis, of Bibb county, be and the same is hereby added to the county of Bibb. 8T. Sec. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating Repealinjr against this Act, be and the same are hereby repealed. eta"1 76 • COUNTIES AND COUNTY LINES- Lines changed between several Ccunties. (No. 45.) An Act to add so much of the second district of originally Musco. gee as is now included within the county of Marion, to the coun- ty of Macon. Approved, December 26, 1851. 88. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and rt is hereby enacted by the authority of Lina changed the SQ/m^ Thatxfrom and after the passage of this Act, so ri^T^d Ma- much of-the second district of originally Muscogee as is «®n- included within the county of Marion, be and the same is hereby added to the county of Macon. . 89. Sec. II. And be it further enacted by the authority Repealing aforesand, That all laws and parts of laws militating clause. against this Act, be and'the same are hereby repealed. COUNTY OFFICERS—1851-52.. • 11 Seals of Office. COUNTY OFFICEES. TITLE Vm. •Sec. 1. Seals of Office. " 2. Failure misr?f»m 2. Failure misdemeanor. 3. Advertisements. 4. File of Papers. • Sec. 5. Repealing Clause. o, xtepeanng viause. 6. Acts of Deputies legalized. 7. Contested Elections. (No- 46.) An Act to compel the Clerks of the Superior and Inferior Courts, and the Courts of Ordinary of the several Counties of this State, to buy a seal of office for each of said Courts. Approved, January 12, 1852. . Section 1. Be it enacted by the Senate and House of Representatives of the State of, Georgia ih General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, itderks of su. shall he the duty of the Clerks of the Superior and Infe-Sro?nrte" rior Courts and Courts of Ordinary of the several coun-ri^BhKS^. ties of this State, to buy a, good and-substantial Seal ofcnrea6ea'- Office, (where there is not one already provided,) for each of said offices, with the ngfme of the county and court inscribed thereon, and said seals shall. be paid for by thePaidforby several County Treasurers, out of any funds in their hands °°™ty Trea" belonging to the county, and receipts of said Clerks for the amount paid shall serve as a proper voucher for said Treas- urers, in any settlement thereafter had with the county. 2. Sec. II. And be it further enacted, That if. any of the Clerks of the Superior and Inferior Courts and Courts of Ordinary of the several counties of this State shall neglect or refuse to buy a seal of office as required by the first' section of this Act, within six month's after the pas- sage of thi^.Act; said Clerks or Ordinary so failing or FailuR3 ^ a relusing shall be guilty of a misdemeanor, and on indict-misdemeanor- ment and conviction in the Superior Court shall be fined the sum of fifty dollars, one-half to the prosecutor and the other to county purposes. 78 COUNTY OFFICERS—Advertisements. Advertising of Clerks, Sheriffs, and other County Officers, &c. (No. 4:7.) An Act to regulate the Advertising of Clerks, Sheriffs, and other ■ State and County Officers, and to provide for the preservation of the Newspapers containing said Advertisements, and for other purposes. Approved, January 22, 1852. 3. Section I- Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and %t is hereby enacted? by the authority of the same, That from and •after the passage of this Act, . ^rtPiL ^ the Clerks, Sheriffs, and other State and Connty Officers paper.w anr of the State of Georgia,shall be authorized and empower- ed to publish their advertisements in any newspapers they may select, having a general circulation in their respective counties or districts.* ^ File of news- Sec. II. Be it furthdr enacted, That it shall be the be duty of said Clerks, Sheriffs, and other officers, to "procure ep * and preserve for public inspection, a complete file of all newspapers in which their said advertisements appear,f and to have said files bound in volumes of suitable size, Repealing to deposited and kept with the records of the Courts in clause. eacb county. 5. Sec. III. Be it further enacted, That all laws and parts _of laws militating against this Act be and the same are hereby repealed. * (No. 48.) An Act to legalize the acts of certain Deputy Clerks of the Supe- perior %Courts, Inferior Courts, and Courts of Ordinary of this State. Approved, January 12, 1852. "Whereas, By the Act of December 19tl, 1817, the several Clerks of the Superior, Inferior, and Corporation Courts and Courts of Ordinary of this State, are author- ized to appoint Deputies ;* ' .' . And, whereas, it has been decided by some of the Su- perior Courts of this State, that all declarations, processes, * By Act of 1850 (New Digest 580) these advertisements were required to be published in the County, if there was a newspaper there published, &c. That Act is repealed by this. This Act also repeals the provision as to Estrays, in Sec. I, Act of 1816. New Digest 261. t Similar provision as to C. C. O., by Act of 1839. New Digest 286. COUNTY OFFICERS—Deputies—Elections. 79 Acta of Deputy—Contested Elections. * and other official papers, and instruments signed by such Deputies are illegal and of no effect, for remedy whereof— 6. Section i. Be it enacted by the Senate and House of Representative of the State of Georgia'in General Assem- My met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all Act? of irep- writs, declarations, processes, and other official instruments wit£pro-1Dg that have heretofore, or may hereafter be signed by any S' such Deputy Clerk of the Superior, Inferior, or Corpora-fzneddanthor~ • tion Court, or Court of Ordinary, shall be as -legal and binding to all intents and, purposes, as if the same had been signed by such principal Clerk, any law, usage, or custom to the contrary, notwithstanding * (No. 49.)' An Act to add an additional section to the Act supplementary to the, A.ctfor the appointment of County Officers, approved December 4th, 1799. Approved, January 22, 1852. • < 7. Section I. Be it enacted by the. General Assembly, That the following section be added to said Act: That inincontested, case when any* of the elections provided for in said Act, ST or any election for Ordinary or any county officer, hereaf-onThTvS ter to be elected by the people, shall be contested, on due vote.est legal proof of the grounds on which said election shall be con- tested, being made before the Governor, it shall be his duty to commission the person having the highest number of legal votes", or order a new .election, as the circumstan- ces of the chse may require. Note.—Decisions Supreme Court.—A County Treasurer is not legally in office until he gives bond and security; 9 Ga. 185. Ten days notice must be given him before the Inferior Court can issue a Ji.fa. for the balance in his hands.—lb. A Sheriff's bond, attested by only two of the Justices of the Inferior Court held good as a voluntary bond: 9 Ga. 314. It is not necessary to insdrt that the Sheriff should be liable for the acts of his deputies, in order to make him so.—lb. A County Treasurer cannot resist the payment of a debt directed by the proper authority to be paid out of the public funds; 9 Ga. 334, 367. Where a Sheriff's bond is taken by three Justices of the Inferior Court, it is not competent for the same Justices to discharge the bond by taking another; 9 Ga. 585. T6 New Digest 199. - ' ' 80 ' DEAF AND DUMB—1851. Appropriations. ' TITLE IX. DEAF AND DUMB. Sbc. 1. ' $8000 Appropriation. Sec. 2. $700 more. • ■ (No. 6b.-) An Act to alter and amend an Act entitled "an Act to."providefor the indigent Deaf and Dumb citizens of this State ; also to pro• vide for the 'appointment of a Commissioner, to regulate his du- ties, affix his salary, and appropriate money therefor* by in-, creasing the annual appropriation, and for qther purposes. . Ap- proved, January 13, 1852. Whereas, the benevolent designs of the Asylum for the indigent Deaf and Dumb of this State, cannot be attained with the present annual appropriation of four thousand five-hundred dollars, for remedy, whereof—• 1. Sec. I. Be it enacted) by the Senate and House of Representatives of the State of Georgia in General As- serrtbly- met, and it'is hereby enacted by *the authority of $8,000 amiu- the same, That the sum of Eight Thousand Dollars, instead auy appropn. £our thousand five hundred,, as now "appropriated by law, shall be and the same is hereby appropriated annu- ally out of any money in the Treasury not otherwise ap- propriated, for the support of the indigent Deaf and Dumb in the Georgia Asylum, and that his Excellency, the Go- vernor be authorized'to draw his warrant on the Treasurer in favor of the " Board of Commissioners fpr the Georgia Asylum for Deaf and Dumb," for that amount or so'much thereof as may be found absolutely necessary, yearly, un- til the Legislature shall otherwise direct. 2. Sec.-II. Be it further enacted, That the* sum of Three Hundred Dollars be, and the same is hereby appro- priated for the purpose of erecting a water ram, in the creek near said Asylum, to supply the building with water, as also for feeding an artificial fountain; that the sum of Four Hundred'Dollars be appropriated for purchasing and fitting,up a sufficient number of'slates for the wants of said Asylum; and that His Excellency, the Governor, be, and he is hereby authorized to draw his warrant upon the Treasurer, in favor of the-" Board of Commissioners for the $300 for water i-am. $400 siaus for ates- * Eor previous Acts see New Digest 219. DEAF AND DUMB.—1851. 81 * ^ Appropriations. Georgia Asylum for the Deaf and Dumb," for these sums, or so much thereof, as may be necessary. 3. Sec. III. Be it f urther enacted, That all laws and Repeaimg parts of laws militating against this Act be, and they are«lause* hereby, repealed. 82 ELECTIONS—1851. Prevention of Frauds—Oath of Superintendent. ELECTIONS* title x. bjjction i. Superintendent's oath. " 2. List of voters for Grand Jury. " 3. Duty of Clerk of Superior Court. " 4. Duty of Grand Jury. " 5. Numbering ballots, &c. " 6. Contested elections. " 7. Repealing clause. " 8. Election of Judges of Sup. Court. " 9. By Districts, Times, &c. " 10. Plurality elects. " 11. Returns, Proclamation, &c. " 12. Vacancies. 13. Qualification for office. 14. Alternating. 15. Appointment by Governor. 10. Repealing clause. 17. First Congressional district- 18. Second " i '* 19. Third 20. Fourth " " 21. Fifth " " 22 Sixth 23. Seventh " " 24. Eighth " " (No. 51.) An Act more effectually to prevent fraud in elections in this State, and to detect and punish the same. Approved, January 27th, 1852. 1. Section I. Be it enacted try the Senate and House of 'Representatives of the State of Georgia in General jAsse7Ywly met, and it is hereby enacted by the authority of Oath of so. ^ same, That it shall \>e the duty of all Superintendents penntendents." 0r Managers of any Election, after the first day of May next, held by authority of any law or laws of this State, whether they be Freeholders, Justices of the Inferior Court, or Justices of the Peace, to take and subscribe the following oath or affirmation— " All and each of us do solemnly swear (or affirm) that we will faithfully superintend this day's election; that we are Freeholders, Justices of the Inferior Court, or Justices of the Peace of this county; that we will make a just and true return thereof; that we will not knowingly permit any one to vote unless we believe he is entitled to do so, according to the laws of this State, nor knowingly prohibit any one from voting who is entitled by law to vote; and we will not divulge for whom any vote was cast, unless called on under the law to do so." Befcre whoia And if there be no Justice of the Peace, or other offi- token. * 0IB * As to contested elections of County Officers, see that Title, Section 7. ELECTIONS—1851. , *1 List of Voters for Grand Jury—Neglect—Penalty. * cer, authorized to administer oaths, or if any one be pres- ent and shall refuse to qualify the Superintendents, it shall be lawful for the Superintendents to take and* subscribe the oath before each other, and their liabilities shall be the same as though the oath had been taken before an of- fieer authorized to administer oaths. 2. Sec. XL And be it further enacted by the authority aforesaid, That it shall be,the duty of all Superintendents Lkt*rw«as» of Elections, after the first day of May next, held by an- thority of any law or laws of this State, in any county thereof, in addition to the copy or list of voters now re- quired to be returned,'* to cause one list of the names of the voters, who voted at said election at which they presi- ded, to be returned to the Clerk of the Superior Court for said county, within three days after said election, for the use of the Grand Jury of the county, and it shall be the duty of the managers to have the names of all persons who voted, and whose votes were challenged, plainly and distinctly marked on said list so returned,f and said list of voters shall have attached to it a copy of the original of Managers, signed and certified by them; and on fail- ure so to do, the Managers shall be liable to indictment, Fan®*™ *» and upon conviction shall be fined in a sum not less than fifty dollars each, nor more than five hundred dollars each, at the discretion of the Court; and, moreover, shall be li- able to an indictment for false swearing, and punished ae- cording to the existing laws in such cases. 3. Sec. III. And, be it further, enacted by the authority aforesaid, That it shall be the duty of the Clerk of the perior Court of each county in this State, to deliver said return and list of voters to the Grand Jury of their respec- tive counties, on the first day of the next term of the Six- perior Court for said county, and on failure to do so, he air shall be liable to a fine of not less than one hundred dol- lars. 1 . 4. Sec/IV. And be it further enacted, by the authority aforesaid, That it shall be the duty of the Grand Jurors of their respective counties, to examine the list of voters S^iSSSt so returned, and if there be found on said list any voter orto' voters, wlio were not entitled to vote according to the exist- ing laws of this State, to present said illegal voter or vo- ters for voting contrary to law ; and upon conviction, he .or they shall suffer the same pains and penalties as are in- p"BaiWi flicted by the laws now of force in this State; and in the event that there be no list of voters returned to the Grand * For former provisions, or to lists of voters, see New Digest, 134, 5237, 245. t As to challenged voters, see New Digest, 237, Sec. VI. of Act of 1830. 84 ELECTIONS—1851. Numbering Ballots—Burdirig—Contested Elections. Jury, in accordance with the provisions of this Act, of any election held according to law since the last term of the Court, it shall he the duty of the Grand Jury, for their re- Presentment spective counties, to ascertain the delinquent Clerk or the cLkmTam Managers, and make presentment of the party in default, agere. and, upon conviction, he or they shall suffer the same pains and penalties as are inflicted upon Managers of elections by the second section of this Act. 5. Sec. V. And be it further meted by the authority Ballots to be aforesaid., That it shall be the duty of Managers of Elec- numbered. ^ong^ several places of holding elections in this State for Governor, Members of Congress, Members of the Le- gislature, Clerks of the Superior and Inferior Courts, Sher- iffs, Coroners, County Surveyors, and all other officers elected by the people of this State, Militia officers except- ed, to cause the number annexed to the name of the voter to be entered upon his ticket, and on counting out the tickets, said Managers of the election shall not suffer the . tickets to be examined by the by-standers, but shall care- To be sealed ^u^.y Preserve them, and seal them in a strong envelope £dj£bey and return them to the Clerk of the Superior Court in each superior^ g county, to be preserved by him for sixty days, after which ££tijen ays time, if there is no contest about or protest against any burned. guc|1 elections, he shall proceed to burn said tickets with- out opening or examining the same; which tickets shall not be subject to examination by any one, unless such elec- tion shall be' contested. 6. Sec. VI. And be it further enacted by the authority aforesaid, That should any of the elections held accord- ing to the laws of this State be contested, it shall be the duty of the Clerks of the said Superior Courts to deliver the tickets of said contested election or elections, together with the list of voters, to the proper authorities as now provided by the laws of this State,* whose duty it shall be to proceed to purge the polls of said election, by opening said packages of tickets, and ascertaining the illegal vote or votes by the numbers on the list of voters and tickets, and the person or persons having the highest number of votes polled within the lawful-hours, after deducting such illegal votes, shall be declared elected. 7. Sec. VII. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, be and they are hereby repealed. Contested elections. Purging of lists. Repealing elatwe. * See New Digest, 237, Sec;iou IV. of Act of 1830. ELECTIONS—1851. 8? Election of Judges—Times—Places—Voters. (No. 52. ) An Act to provide for the election of all the- Judges of the Supe- rior Coui'ts, by the free white people of the State of Georgia, and for other purposes therein named. Approved, January 12th, 1852. 8. Sectiojst I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the. passage of General as. this Act, it shall not he lawful for the General Assembly ?0?eiectha11 of this State, or either branch thereof, by joint ballot orJudges' otherwise, to elect or, appoint the whole or any portion of' the Judges of the Superior Courts of said State. 9. Sec. II. And be it further enacted by the authority aforesaid, That in each Judicial Circuit or district in this Election by State, an election shall be had and held for one Judge 0fdlstnct8' the Superior Courts of said District or Circuit in the order following, on the day and time hereinafter specified, that is to say, for the Eastern, Middle, Northern, Western, Oc-lnEasfem & mulgee, Southern, Flint, Chattahoochee, and Cherokee otLrfoTfiwt Circuits or Districts, which said election.for a Judge of the October md, Superior Courts,, in and for the aforesaid Circuits or Dis- years ^hereaf- tricts, sliall be had and held on the first Monday in Octo-ter" ber, in the Year of Our Lord Eighteen Hundred and Fif- ty-Three, and on the first -Monday in October in every fourth year thereafter; and also for the Coweta,. South-in Coweta,^ Western, Macon and Blue Ridge Circuits or Districts, Maucon and1 n there shall be had and held in and for said Circuits or Dis- ue 1 ge' tricts an election for a Judge of the Superior Courts there- of, on the first Monday in October, in the Year of Ouron i?t Mom. Lord One Thousand Eight Hundred and Fifty-Five, and fe i&5?and on the first Monday in October in every fourth year there-Safter.e*ars after, which said election shall be opened, held, managed, and conducted and closed in the same manner and under the same rules and regulations, as are now, or hereafter may be, prescribed by law for holding elections for mem-Hew as eiec. bers of the General Assembly of this State ; and all free white male persons qualified by law to vote for members Y' of the General Assembly, shall be and they are hereby de- voters enti- clared to be entitled and qualified to vote tor one Judge oftled" the Superior Courts in their several and respective Judi- cial Circuits or Districts, but no one not a resident citizen of the District or Circuit for at least six months immedi- ately preceding such election, shall be entitled to vote ; ELECTIONS—1851. Consolidated returns—Governor's Proclamation. . and any person entitled to vote in one county may .vote in any county in such district. 10. Sec. III. And be it farther enacted by the authori- ihisttotow-ty aforesaid, That .the voters at said election shall desig- na|;e on cac]! ticket or ballot the name of the person voted for as Judge of each Circuit or District, and the person astnaisB. having the highest number of legal and qualified voters, ■8"** shall be declared, as hereinafter provided, to be elected Judge of said Circuit or District; Provided, he shall have the qualifications hereinafter prescribed. 11. Sec. IV. And be it further enacted by tlte author- ity aforesaid, That the Managers and Superintendents of said elections, at the Court House and the several election precincts in each county in said Circuits or Districts, or any one or more of them from each precinct, on the day after the election shall meet together at the Court House ©f said county, and then and there count, compare, consol- Mate, add together the returns to them produced by the Managers or Superintendents of the precinct elections, and return and certify the same and the result thereof, within ■Wffww.-85F.-ii twenty days thereafter, to the Governor of this State, for the time being, under the same rules and regulations as are now or hereafter may be prescribed by law in relation to the election of Members of the General Assembly of this State, except as the same may be altered by the provisions this' Act; and thereupon, it shall be the duty of the ointment un- of vacancies by death, resignation or otherwise, the Gov- eiicted^d^ernor shall appoint until a new election is ordered and had commissioned an(^ person elected is commissioned. 16. Sec. IX. And he it further enacted By the author« Repealing ity aforesaid, That all laws and parts of laws militating Buse' against this Act, and the true intent and meaning thereot, be and the same are hereby repealed. (Ho. 53.) An Act to amend an Act entitled an Act to lay off ancl divide the State into Eight Congressional Districts, and to point out the mode of electing Members to Congress in each District, and to provide against illegal voting so far as to re-organize said Dis- tricts. Approved, January 22, 1852. 17. Section I. Be it enacted by the Senate and Rouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of First congres. the same, That from and after the passage of this Act, the aiona stnc. count.jeg 0f Chatham, Effingham, Bryan, Liberty, Mcln- tosh, Tattnall, Bulloch, Emanuel, Montgomery, Lowndes, Telfair, Appling, Glynn, Camden,, Wayne, Ware, Laurens, Clinch, Thomas and Irwin, shall compose the First Con- gressional District.* Second, 18. Sec. II. The counties of Muscogee, Stewart, Ran- dolph, Early, Decatur, Baker, Lee, Dooly, Sumter, Ma- con, Pulaski and Marion, shall compose the Second Con- gressional District. Third. 19. sEC. m. The counties of Harris, Talbot, Upson, Pike, Butts, Monroe, Bibb, Houston, Crawford and Spal- ding, shall compose the Third Congressional District. Fourth, go. Sec. IY. That the counties of Troup, Meriwether, Coweta, Heard, Campbell, Fayette, Henry, DeKalb and Cobb, shall compose the Fourth Congressional District. Fifth, 21. Sec. Y. That the counties of Dade, Walker, Mur- ray, Gilmer, Chattooga, Floyd, Gordon, Cass, Cherokee, * For former Apportionment see New Digest, 243, 246. ELECTIONS—1851. 89 Congressional Districts. Paulding, Carroll and Polk, sliall compose the Fifth Con- gressional District. 22. Sec. "VI. That the counties of Union, Lumpkin, Ra- sixth, hun, Habersham, Hall, Forsyth, Gwinnett, "Walton, Clark, Jackson, Madison and Franklin, shall compose the Sixth, Congressional District. 23. Sec. VII. That the counties of Newton, Morgan, Seventhj Green, Jasper, Putnam. Jones, Baldwin, Hancock, "Wash- ington, "Wilkinson and Twiggs, shall compose the Seventh Congressional District. 24. Sec. VIII. That the counties of Elbert, Oglethorpe, Eighth. Lincoln, Wilkes, Taliaferro, "Warren, Columbia, Richmond, , Burke, Jefferson and Scriven, shall compose the Eightk Congressional District. EVIDENCE—1851. Interrogatories for Solo Wiiness. 90 EVIDENCE.* TITLE XI. (No. 54.) An Act to amend the Act of Eighteen Hundred and Thirty-Eight regulating the taking testimony in certain cases. Approved, Jan- uary 5ii, 1852. 1. Section I. Be it enacted by the Senate and House of, Representatives of the State of Georgia in General Assembly met, and it is hereby enacted hy the a uthority of Kn'crrogato- the same. That in addition to the cases already specified wi ncssin aIe in the Act assented to twenty-eighth of December, Eight- een Hundred and Thirty-Eight,* the party plaintiff or de- fendant, where he has but a single' witness to prove any particular point or fact in his case, may take his-testimony by commission, exactly as in cases provided for by said . Act of Eighteen Hundred and Thirty-Eight, with the re- strictions and limitations therein set forth. Note.—An unauthorized registry of a deed does not make it evidence with- out proof of its execution.—IX Ga., 440. The registry of a voluntary deed is no notice to a subsequent purchaser.— X Ga. * la cases of Injuries to Rafts, burden of proof on the owner of Steamboat— See "Iuternal Transportation," Section 153. t New Digest, 268. EXECUTORS, &c.—Court of Ordinary.—1851-52. 91 Court Organized—If a former Excutor, &c. EXECUTOES & ADMESTISTEATOKS, COURTS OF OEDIN- ART, GUARDIAN'S, ORPHANS, WILLS, LUNATICS, &c * TITLE XII. ART. I. COURT OF ORDINARY. ART. II. DUTIES, &C., OF EXECUTORS, ADMINISTRATORS AND GUARDIANS. ART. III. WILLS. ART. i. COURT OF ordinary, f Sec. 1. Name—Existing Laws. Sec. 13. Vacancies—how filled. 1 " 2. C. C. O., Adin'rs., &c.—Repealed. " " 14. Bonds. " 3. Duty of Clerks hereafter appointed. " 15. Oath. " 4. Executor, &c., elected—Ordinary. " 16. *Bouds of Administrators, " 5. Disqualified in future. " 17. Returns—Vouchers. " 6. Mandamus vs. Inferior Court. " 18. Fees. , " 7. Office of Ordinary. " 19. Appeal. " 8. Te'ms of Court. " 20. Practice of Law. " 9. Election—Qualification. " 21. Pueturn of C. C. O. to Judge. " 10. Dedimus, &c. " 22. Repealing clause. " 11. Sales of Realty and Slaves. " 23. Acts legalized. " 12, Sales of Personalty. (No. 55.) An Act to carry,; into effect the amended Constitution of this State in reference to the Ordinaries of said State, and for other pur- poses. Assented to January 21, 1852. 1. Sec. I. Be it enacted by the Senate and Ilonse of Representatives of the State of Georgia '- the expiration of the first term of office of . the Ordinary, no Executor, Administrator or Guardian, yddlst he holds such office in the county of his residence, shall' be quali- fied or competent to hold the office of Ordinary. 6. Sec. YI. And be it further enacted by the authority aforesaid, That if the Justices of the Inferior Court of any proceedings *See, also, Sec. 21. 94: EXECUTORS, Arc.—Court of Ordinary.—1851-52. Proceedings vs. Inferior Court—Office of Ordinary. \ sgoinst infe- county, or a majority of them, shall refuse to deliver up tL0sring°tuort r I«al-flffch day of December, 1851, be, and the same are hereby, EX'RS, ADM'RS, &o.--Powehs, Duties, &c.—1851-52. 99. No commission allowed to estate of deceased Executor. made valid to all intents and purposes, and that any exem- plification of said records, executed in due form, shall be adinissable as evidence in all Courts of law and equity in this State. art. ii. duties, powers, bonds, sales, &c.* Sec. 24. Com. to dec'd Executors, &c. SfiC. 29. Repealing clause. 25. Extra Commissions. " 30. Adm'rs Bonds—amount, of. * 26. Repealing clause. " 31. Realty of Free Negroes. " 27. Pay for traveling, &c. " 32. Repealing clause. * 28. Guardian by Will, &c.—Bond. " 33. Foreign Gua'n—incompetent, &c. (No 57.) An Act to point out the- mode of paying commission to Administrators, Executors and Guardians, and for other purposes therein named. Approved, January 19, 1852. Whereas, it is doubtful, according to present laws,' whether Executors, Administrators and Guardians, are en- titled, on death, removal or discharge, to commission for paying out the estates of which he or she or they are Ex- ecutors, Administrators or Guardians, and, whereas, it is also doubtful when any after appointed Executors, Ad- niinistrators or Guardians are entitled to any commission for receiving said estates, for remedy whereof— 21. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That, hereafter, when any Executor, Adminis-No C0mmi9. trator or Guardian shall die or be removed or discharged ^Esuteof from office before he, she or they shall have administered®®®®^^*- or paid over the estate of which he, she or they are Exec- utor, Administrator or Guardian, then and in that caseing°ut* said Executor, Administrator or Guardian, or representa- tive of any deceased Executor, Administrator or Guardian, shall receive no commission on the money or effects which *See former Art. I., (Court of Ordinary,) Sec. 11, 12, as to sales of realty and personalty—Sec. 16, as to bonds of Administrators, &c., to whom payable!—Sec. 17, as to returns of Executors, &c., recording of vouchers, &c.—Sec. 19, as to Appeal. See Judiciary, as to public sales; also, as to mode of suit upon bonds of Ex- Motors, Administrators and Guardians. 100 EX'ES, ADM'PS, Ac.—Duties, Powers, Ac.—1851-52. Ordinary may allow extra Commissions. .he, she or they shall pay to his, her or their successor or sue -successors, and that no after appointed Executor, Admin- Krayiviiiir. istrator or Guardian of said estate or ward, shall he enti- tied to any commission on the money or effects which he, she or they shall receive from his, her or their predecessor, or the representative of his, her or their predecessor, may 25. Sec. II. And be it further enacted, That the Court of Ordinary shall, in all cases arising under this Act, allow such extra pay for extra services as may he by them deem- ' ed equitable and just. ' ^6. Sec. III. And be it further enacted, That all laws and parts of laws militating against this Act, he, and the same are hereby, repealed. (Xo. 58.) An Act to compensate Executors, Administrators and Guardians in certain cases. Approved, January 20, 1852. 27. Section I. Be it enacted by the Senate and House of .Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of samGi That where Executors, Administrators or Guar- Sr dians, in the discharge of their duty, have been required or shall be required to travel out of the county of their residence, the Court of Ordinary shall allow to them the amount of their actual disbursement, to be ascertained by the statement of the Executor, Administrator, or Guardian, on oath; and shall also allow them a reasonable compen- sation for the time devoted to the service, to be adjudged by the Court; Provided, said Court shall be satisfied that such attention and service was necessary to the interest represented, and that such allowances shall be subject to revision by a Court of Equity as heretofore in similar cases. EX'PS, ADM'PS, &c.—Duties, Powers, &c.—1851-52, 1WL Guardians, by will or by nature, to give bond. (No 59.) An Act to secure the property of Minors against the mis- management of their Guardians, by requiring bond and security. Approved, January'22, 1852. 28. Section I. Be it enacted by the Senate and Mouse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Gr,w^Kl>w the same, That from and after the passage of this Act, whenever any child or children (shall have any Guardian, by statute appointed, or by the deed or will of the father or mother of said child or children, and any property shall descend to said child or children by virtue of the act of distributions, or of any will, deed or gift, other than from said parents, it shall be the duty of the Court of Ordina- ry, Executors, Administrators or Trustee, as the case may be, having the control of said property, to withhold said property from said Guardian until bond and good security be given, as in other cases of Guaidianship, to be judged of by the Court of Ordinary, for the faithful performance ^ of said trust; Provided, that if such Guardian shall fai or refuse to give such bond and security, then, and in that case, said Court may appoint some other fit and suitable person to act as such, first compelling said person to give bond and good security, as is now required in other cases of Guardianship. 29. Sec. II. And be it f urther enacted by the authority aforesaid, That all laws and parts of laws militating againstcl;ui5t'- this Act, be, and the same are hereby, repealed. (No. 60.) . An Act to alter and amend an Act, entitled " An Act to protect the Estates of Orphans and to make permanent provisions for the Poor," approved, December 18th, 1792, so far as relates to the amount of the bond to be given by Administrators, also, to authorize the sale of Real Estate of free persons of color, and to provide for the disposition of the proceeds. Approved, Janu- ary 22, 1852. 30. Section I. Be it enacted by the Senate and Mouse of Representatives of the State of Georgia in General 102 EX'RS, ADM'KS, &c.—Powees, Duties, Ac.—1851-52. Guardians of Minors. Assembly met, and it is hereby enacted by the authority of Admin? tra- the same, Tliat from and after the passage of this Act, ev- wS the ery Administrator shall he required to give bond, with good and sufficient security, in a sum equal to double the amount of the estate they shall be appointed to administer.* sale of free 31. Seo. II. And be it further enacted, That all the c©brM ot laws of this State, applicable to the sale of real estate of minors in the hands of Guardians,f shall apply to and govern the sale of real estate owned by free persons of color by their Guardians, to be observed and conformed to; and no sale shall be valid without the permission of the Court of Ordinary, which Court shall prescribe the mode and property in which Ihe proceeds shall be disposed of or invested. 32. Sec. III. And be it further enacted by the author- Repealing ity aforesaid, That all laws and parts of laws militating clause. against this Act, be, mid the same are hereby, repealed. (No. 61.) An Act to amend an Ad relative to Guardians of Minors receiving and 'recovering properly belonging to their Wards, assented to, 25th of December, 1837. Approved, January 12, 1852. 33. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Asscm- bl/y met, and it is hereby enacted by the authority of the if foreign same, That it shall not be lawful, by virtue of any thing ^competent., ^ said Act contained, for any foreign Guardian to receive sufficient'hl" or recover any property from any Guardian of person and maude,maLbeifProPerfy? or person or property, appointed by the laws of shaihiotre- this State, or from any testamentary Guardian, when the pertyofw^ffi^id Guardian, or any friend of the ward or wards, shall by affidavit suggest that the said foreign Guardian is an incompetent person to take charge of such ward or wards, or his or their property, or that the security given by him is insufficient, or that the removal of the property would be injurious to the interest of such ward; and whenever such affidavit is made, the Court, before whom the appli- cation of said foreign Guardian is made, may receive proof *For Act.amended, see New Digest, 308, 309. The bond must be payable to the Ordinary and hie successors—see Sec. 16 of this Title. tNew Digest, 325. EX'RS, ADM'RS, &c.—Duties, Powers, &c.—1851-52. 103 Receiving and recovering property belonging to their wards. other than that set forth in the said Act of 1837, of the competency of the said foreign Guardian, of the sufficien- cy of his security, and the injury likely to accrue by the removal of the property, and upon an issue; being made and proof adduced to the satisfaction of the Court that the said foreign Guardian is incompetent, or his security in- sufficient, or that the removal of the property will be inju- rious to the interest of the , ward, the application of the said foreign Guardian shall not be granted, any law, u'sage or custom to the contrary notwithstanding.* Decisions of Supreme Court on this Subject, in Volumes'IX and x.— An Executor may bring Ejectment, IX Ga., 53. Ordinary Letters to administer "rights and credits," &c., give authority to administer on Real Estate.—(Ibid.) A Bona by an Administrator to convey land in contemplation of a sale under order of Courtis void.—IX Ga., 114. Letters of Administration must be granted at first term after citation, unless the application is regularly continued.—IX Ga., 135. An Executor cannot appeal without security, where the judgment is against him personally.—IX Ga., 184. The widow of an intestate is not entitled to have advancements to children brought into hotchpotch for her benefit.—IX Ga., 189. , . If she dies in the year, not having made her election, her Executor cannot do so for her.—Ibid. In a proceeding to set aside Letters of Dismission, it is competent to show a fraudulent misrepresentation to the Court granting them.—IX Ga., 247. The widow and family are entitled to one years' support whether the estate be solvent or insolvent.—IX Ga., 261; see also X Ga. 37. For the purpose of marshaling the assets of an Insolvent Estate, an Executor or Administrator may file a bill.—IX Ga., 377. The power of an Administrator with the Will annexed, is confined to the property disposed of by the Will.—IX Ga., 460. ' An Executor procuring Letters Dismissory by fraud, will not be protected thereby.—IX Ga., 547. The mode of procuring them specified.—Ibid. Time and mode of passing returns.—X Ga., 65. A minor who has a separate estate, although his parents are alive, is " an Or* phan" in the meaning of the Act of 1799, giving alien on estates.—X Ga., 65. This lien takes precedence of all others.—Ibid. Twenty years only will bar the - claim of a Ward upon his Guardian.—Ibid. The person entitled to the estate is entitled to the administration.—X Ga., 98. The husband of a married sister, (she being sole distributee,) has preference of an uncle.—Ibid. Under the Act of 1845, an Administrator dc bonis non may proceed against the removed Executor or Administrator for an account; since that Act, as a general rule, the creditors cannot. The purchaser of land from an Administrator is put in the same situation that the intestate was in.—X Ga., 312. As to Widow's Dower, see X Ga., 321, 435. Where the Administrator fails1 to sue for personal property until barred bf the Statute of Limitation, the minor distributees are barred also.—X Ga., 358. An execution against an Intestate's estate, may be levied within the twehr« months of exemption from suit.—X Ga, * For the Aot of which this is amendatory, see New Digest, 328. 104 EX'RS, ADM'RS, &c.,—Wills—1851-'52. Wills of Personalty—Probate, &c. AST. ni. WILLvS. Section 34. Wills of personalty—bow exe- Section 37. Nuncupative wills excepted; [cuted; " 38. Publication of Act. " 35. How evoked; " 36. Probate thereof; (No. 62.) An Act to require all Wills of personal properly to be executed and proved in the same manner as is now prescribed by law for the execution and proof of devises of Real Estate. Approved, January 21, 1852, 34. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and ttis hereby enactedby the authority of the wife of.per^ the same, That from and after the first day of June next, executed and all Wills and Testaments of personal property shall he in atteBte' writing, and signed by the party so willing and bequeath- ing the same, or by some other person in his presence and by his express direction, and shall be attested and subscri- bed in the presence of the said testator by three or four credible witnesses, or else they shall be utterly void and of none effect. 35. Sec. II. And be it further enacted, by the authority Revoked^^ aforesaid, That all laws and parts of laws now of force in m wei b of rel this State, and applicable to the revocation of devises of ty" Real Estate, shall extend to "Wills and Testaments of per- sonal property. 36.- Sec. III. Andbeit further enactedby the authority Probate the aforesaid, That all laws and parts of laws now of force same' in this State, prescribing the mode of proof of devises of Real Estate, are hereby extended to Wills and Testaments of personal property.* 37. Sec. TV. And be it further enacted by the authority Nuncupative, aforesaid, That this Act shall not be construed to extend ^ to Nimcupative Will8_+ ^ 38. Sec. Y. And be it further enacted by the authority pubheationof aforesaid, That as soon as this Act shall be passed, it shall * For the laws referred to in this and the preceding Section, see New Digest, 1128, 1129; (Statutes of Frauds, Sections V, VI, and XXII.) t As to Nuncupative Wills, see New Digest, 1129 ; (Statute of Frauds, XIX, XX, XXL) EX'RS, ADM'ES, &c',—Wills—1851-'52. 105 Publication—Repealing clause. be tbe duty of the Governor to cause the same to be pub- lished in three or more of the public Gazettes of this State, at least once in every week until the first day of June next, and that all laws and parts of laws militating against the provisions of this Act, be and the same are hereby re- pealed. Note.—The birth of a child revokes a Will under the Act of 1836, where no positive pwvisiott, is made for such child.—X Ga., 79. 106 INSOLVENT DEBTORS—1851-'52. Oxen exemptod from Levy. INSOLVENT DEBTORS. TITLE Xni. (No. 63.) An Act to amend an Act entitled an Act to exempt from levy and sale under execution, certain property therein mentioned, assented to December 112/t, 1821; and to extend the provisions of the same. Approved, January 22, 1852. 1. Section I. Be it enacted by1 the Senate and House of Representatives of the State of Georgia in General Assembly met, and i t is hereby enacted by the - authority Oxen and cart of the same, That every white citizen of this State, male ty ownVnoar" or female, being the head of a family, (in addition to the ho*®. property mentioned in the above recited Act,) shall be en- titled to own, hold and possess, free and exempt from levy and sale, by virtue of any judgment, order or decree of any Court of Law or Equity in this State, founded on any contracts made after the first day of May next, or any pro- cess emanating from the same, one ox, or yoke of oxen, or steers, and cart or ox waggon, where said head of family owns no horse subject to all the provisions of the before recited Act.*1 Note.—A defendant in ca-sa taking the liberty of prison bounds, must be pla- ced in confinement by the Sheriff at the end of six months, without special order. —IX Ga., 172. * For the Act of 1841, see New Digest, 389; see also the note on page 38A [1] Exempt also from sale for taxes.—rUnpublished decision at Coin-mints, Jem- vary Term, 1852. INTERNAL TRANSPORTS—RAILROADS—18'51-2'5. 107 * Through Rates. INTERNAL TRANSPORTATION. TITLE XIV. ART. I. RAILROADS. 1. General Laws. 2. State Roads. 3. Private Corporations. ART. H. STEAMBOAT AND CANAL COMPANIES, 1. General Laws. 2. Private Corporations. ART. HI. TURNPIKES AND PLANK ROADS. 1. General Laws. 2. Private Corporations. ART. I. RAILROADS. 1. General Laws.* Section 1. Through Rates. " 2. Publication ; Liability. " 3. W. & A. R. R. may join. " 4. Repealing clause. Section 5. Sign-boards at crossings. " 6. Engineer's Duty. " 7. Penalty on Directors. " 8. Penalty on Engineers. (No. 61.) An Act to authorize the several Railroad Companies of this State to establish through rates for the transportation and conveyance of produce, merchandize, and passengers, over their respective routes jointly. Approved, January 20, 1852. 1. Section I. Re it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, Tliat from and after the passage of this Act, it Two or. mora shall be lawful for any two or more of the Railroad Com- majfestablish panies of this State, to establish and agree upon a throughthrough rate8 rate or tariff of freights for the transportation and convey- ance of Produce, Merchandise and jPassengers over their respective roads jointly ; and to levy and collect such rates or tolls for such transportation as they may be by law en- * For Act exempting certain of the employees of Railroad Companies from. Road duty, see Title "Roads, Bridges, Ferries," y the authority daSsellng aforesaid, That all laws or parts of laws conflicting with tins Act, be and the same are hereby repealed. (No. 65.) An Act to prescribe certain rules and regulations to be observed by the several Railroad Companies in running engines upon their respective tracks, and annex a penalty for the violation of the same. Approved, January 22, 1852. 5. Section I. 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 several Railroad companies in this S wossbiTs of State shall be required by the first day of February next, public road* to prepare and put up in a substantial manner, sign boards parallel with their track, and over each and every public road where the same crosses the Railroad track, and suffi- . ciently high to allow the passage under them of any vehi- cle commonly used upon said roads, and to have painted in large letters on each side thereof, " Look out for the Engine when the Whistle blows." 6. Sec. II And be it further enacted, That each of said companies shall cause to be fixed on the line of their track INTERNAL TRANSPORT'N—"W. & A. R.—1851-'52. 109 Sign Boards at crossings of public roads. and at tlie distance of two hundred yards from the centre Engineer re- of each public road, on each side of said road, a post, and wWstVand . the Engineer shall be required, whenever he shall arrivestophlsspeed' at either of said posts, to blow the whistle of the Engine until the Engine arrives at the pnblicroad, and shall more- over, be required to check the speed of said Engine, so as to enable him to stop said Engine should any person or thing be crossing said track on said public road. 7. Sec. III. And be it further enacted, That should any neglect to company fail or neglect to put up said sign-board and posts misdemeanor as required by the first Section of this Act, the President1" irectors* and Directors' of such Company shall each be guilty, of a misdemeanor, and upon indictment and conviction thereof, in the county where such failure occurs, shall each be sub- Penalty, ject to a fine of not less than five hundred nor more than one thousand dollars. 8.'Sec. IV. And be it further enacted, That upon the Neglect by failure of any Engineer to comply with the requisitions of nSnor. this Act, he shall be guilty of a misdemeanor, and upon indictment and conviction thereof in the county where such failure occurs, he shall be punished'by fine or irnpris- Penalty, onment, or both, at the discretion1 of the Court; and the Company in whose employ said Engineer shall be engaged shall be held accountable for the payment of said fine. Sec. V. And he it further enacted, That nothing in this Act shall be so construed as to prevent any Railroad Com- j)any from being liable in action for damages at the in- stance of any person or persons injured, or whose property , may be injured by the running of their Engines and Cars upon their respective roads; and that all laws and parts of laws militating against this Act, be and the same are here- by repealed. Note.—Is a Railroad subject to levy and sale at law ?—IX Ga.t 377. Proper proceeding in Equity.—(Ibid.J 110 INTERNAL TRANSPORTS—STATE ROAB-1851-52. Superintendent—Bond, Ac.—Duty. 2. State Skction 9. Future Government of; " 10. Superintendent, Term; " 11. Duties and Powers ; " 12. Ti'easurer, Duties, Ac.; " 13. Auditor, Duties, &c.; w 14. Bonds, to whom payable ; * 15. Cash lor freights : " 16. Tickets for Passengers; " 17. Act of 1850 continued; M 18. Election of Superintendent; " 19. Repealing clause ; u 20. $525,000 appropriated. " 21. Bonds to be issued; >.* Section 22. Sale of Bonds ; " 23. Proceeds of road pledged; " 24. Surplus paid into Treasury; " 25. Contract lor Iron ratified ; " 26. Farther contract. " 27. 7 per cent bonds issued; *' 28. Sale, &c. of Bonds ; " 29. Authentication; " 30. Proceeds of road pledged; " 31. Route through Cassville ; ■** 32. Conditions; " 33. Old route to be abandoned; " 34. Repealing clause. (No. 66.) ' An Act for the government and management of the Western and Atlantic Railroad. Approved, January 15, 1852. 9. Sec. L Be it enacted by the Senate ancl House of Representatives of the State of Georgia in General As- senibly met, and it is hereby enacted by the authority of Future gov. the same, That from and after the passage of this Act, the emmentoithe^Yeg^em an(j Atlantic Railroad shall be governed, and its business conducted in accordance with provisions of this Act, hereinafter contained. Superintend't 10. Sec. II. It shall be the duty of the Governor of this State to appoint an officer, who shall be styled the Super- intendent of the "Western and Atlantic Railroad, and who Tcr« of office shall hold his office until the first of January, Eighteen Hundred and Fifty-Four, or until a successor is qualified. Removal. This officer may be removed by the Governor at any time Re-eiigibie, during the term of his appointment, and may be re-appoint- Rood, ed from term to term. He shall also give bond and secu- rity, to be approved by the Governor, in the sum of twen- ty thousand dollars for the faithful discharge of the duties of his office. B& duty. 11. Sec. III. It shall be the duty of the Superintendent of the "Western and Atlantic Railroad to conduct all the operations of the road connected with its construction, «tabordinate equipment and management. He shall appoint all the ccw" „ subordinate officers of said road, who shall be responsible * As to through rates.with other Companies, see Ante Section 3, of this Title. INTERNAL Til AN SP ORT'N—State Road—1851-'52. Ill «e —_ . Duties and Powers of Superintendents. to him, but those appointments shall be subject to the ap- proval of the Governor. He shall have power to remove said officers, and to re-appoint others in their stead. It Rate* of shall be His duty, by and with the consent of the Governor,trelght* to establish rates of freight and passage, and to make all necessary arrangements respecting such rates with other roads. lie shall also contract for and purchase machinery, Contr?.cts for cars, materials, work-shops, and all other things necessary maSsTetc. and proper for the construction, repair and equipment of the road and its general working and business ; but all con-, tracts and expenditures which exceed the sum of five thou-contracts over sand dollars, shall be subject to the approval of the Gov- Stroved10 ernor. He shall also have power, by and with the consentby theGov'r* of the Governor, to make contracts ^Cih the Government of the United States for the transportation of mails over Transportat'n the said road, and to arrange schedules for running trainsot mails' at such times, either by day or night,* as they may deem.gchedu]es for expedient. He shall also have power, with the approval runni,)etiains of the Governor, to settle all claims against the Western Sett]ement o{ and Atlantic Railroad, and should any dispute arise con- claims» cerning any claim which cannot be amicably settled, the Suitsthereon claimant shall be authorized to bring suits in any of the Superior Courts of the several counties of this State through which the said road passes, against the Superintendent of the Western and Atlantic Railroad in his official character. The judgment which may be obtained, shall be against the judgment, said Superintendent in his official character, and shall be how bmdmE* satisfied by hint from the assets of said road, but shall not bind his person or individual property. The said Superin- Snitg by the tendent shall also have power to sue officially for any claim superintend, due the State on account of the said road. It shall be the duty of the Superintendent to make all Rules for gov necessary rules and regulations for the proper conduct of road,eutotthe the business of the road, and the enforcement of discipline and subordination, and he may impose penalties for a vio- lation of said rales and for breaches of duty by all persons in the employment of said road. . It shall also be the duty of the Superintendent to ap- Appoirltment point all necessary accountants and clerks to perform theot" c'erk9'etc- proper office duties pertaining to the business of the road, and he shall see that the books and accounts of the road shall be so kept, at all times, to show accurately the con- dition of its fiscal affairs. All disbursements made on account, of said road shall Disbur=eme'te be by warrant of the Superintendent, drawn upon the ow m e* * Day Schedule required by resolution, 1849. Par. 400. 112 INTERNAL TRANSPORTS—State Road—1851-'52.___. Salary of Superintendent—Oath. Treasurer ; or vouchers approved by the Superintendent, and countersigned by the Auditor. Settlements It shall also be the duty of the Superintendent to have wuii agents. s(qtiernents with all agents of the said road for all money received by them, as promptly as may be practicable, and Defaultingj any agent neglecting or refusing to make a settlement agentdtsch'd, wpen reqUirecf5 shall be discharged. It shall also be the Quarterly re- duty of the Superintendent to make out and transmit to Governor1'6 the Governor a quarterly statement, exhibiting the trans- actions of the road, its receipts and expenditures, which To be publish-shall be published in one or more of the public Gazettes € ' , at the seat of Government. salary of The salary of the' Superintendent shall be Three Thou- superhuend'tgan(j Dollars per annum, payable quarterly, oath. The said Superintendent shall, before entering upon the discharge of his office, take and subscribe in the presence . of the Governor, the following oath, which shall be filed in the Executive office: I ( A. B.) do solemnly swear that I will faithfully and impartially perform all the duties of my office ; that I will make no appointment nor do any act. from fear, favor, re- ward, or the hope thereof, hut that in all things I will he governed solely by regard to the interest of the State of Georgia, and that in the discharge of my duties I will neither make or permit to be made, any discrimination in favor of or against any Railroad Company in the State, or other persons or parties having business connections with, or relations to, the Western and Atlantic Railroad. Commission ^ the duty of the Governor to make out and ommission, ^epver j.pe Superintendent a commission' under the seal of the State, and the Superintendent, for any corrupt or fraudulent conduct in violation of his duty and the oath impeachment herein prescribed, shall he liable to impeachment. 12. Sec. IY. It shall he the duty of the Governor to ap- Treasurer, point an officer, who shall be styled the Treasurer of the "Western and Atlantic Railroad, who shall hold his office Termofoflice for the same term and subject to the same provisions as herein before specified for the Superintendent. The Treas- Bond, urer shall give bond with security, to he approved by the Governor, for the faithful discharge of the duties of his of- Dmy. fiCe5 in the sum of thirty thousand dollars. It shall he the duty of the Treasurer to have the custody of all funds he- longing to the road, and to pay out the same upon such warrants as in this Act provided ; to receive all moneys from agents, accounting and collecting officers of the road, upon a settlement of their accounts with the Superinten- dent, and all such sums as may from time to time be ap- INTERNAL TEANSPORT'N—W. & A. E.—1851-2. 113 Surplus Fund—Salary—Auditor. plied by the Executive authority for the use of said road, under any appropriation made by law. If at any time, from the earnings or receipts of the road, Disposition of a larger amount of money shall accumulate in the hands of1surplus funds* the Treasurer, than is necessary for immediate disburse-, ment, the Governor may oider such fund to be deposited by the Treasurer in the Treasury of the State, or at such other place as the Governor may designate.* It shall be the duty of the Treasurer to make a quarter- Quarterly re.' ly statement of the receipts and disbursements of his oFtums- fice, which shall be published with the Superintendents. The salary of the Treasurer shall be Two Thousand Dol- saia^, lars per annum. * 13. Sec. V. It shall be the duty of the ^Governor to ap- Auditor, point an Auditor of Accounts for the Western and Atlan- tic Railroad. It shall be the duty of the Auditor to exam- Duties, ine and pass all bills and accounts against the road, and no warrant shall be paid by the Treasurer unless certified by the said Auditor. It shall also be the duty of said Au-Examinatiott ditor to examine and supervise all books kept by the sub-of Books* ordinate accounting officers of said road. The salary of the Auditor shall be Eifteen Hundred Dollars per annum, and he shall give a bond with' security, to be approved by the Governor, for the faithful discharge of the- duties of Bond, his office in the sum of Fifteen Thousand Dollars. . 14. Sec. VI. All bonds required by this Act shall be Bonh^paya- made' payable to the Governor of this State and his sue-nor,0 over* cessors in office. 15. Sec. VH. Ho agent at any station of the Western fights to be and Atlantic Railroad shall give credit for any freight on paid luca£b" goods transported over the said road, or permit such goods to be removed from said stations until the freight shall be paid, wifh the exception of freights collectable by other companies having business connection with the said. road. 16. Sec. VIII. It shall be the duty of the Superinten- dent to require Tickets for Passengers to be sold at every Station or Depot on said Railroad, and passengers neglect- ing to obtain such tickets shall be charged an extra price, and every conductor of Passenger or'Freight trains shall be required to make a settlement of the tickets and pas- sage money received by him at the termination of every trip. ' ■ 17. Sec. IX. All the provisions of the Act approved February twenty-th,ird, Eighteen Hundred and Fifty, en-K»u titled an Act to provide for the collection and safe keeping * See Post- Sections 23 and 24. 8 1U INTERNAL TRANSPORTS—W. & A. R.—1851-2. Five Hundred and Twenty-Five Thousand Dollars Appropriated. of the revenues of the Western and Atlantic Railroad, to punish those who may attempt to defraud the same, and lor other purposes therein contained, not altered, repealed by, or in conflict with this Act, are hereby declared to be of force.* superintend.. 18. Sec. X. And be fwther enacted, That the term of toVeeiected office of the Superintendent to be appointed by the Gov- j^AsseinWyf ernor under the provisions of this Act, shall expire on the first day of January, Eighteen Hundred and Fifty-Four, and that his successor in office shall be elected by the next Legislature. repealing 19. Seo. XI. And be \t further enacted, That all laws cause' and parts of laws militating against this Act, be and the same are hereby repealed.*}* (No. 670 An Act to provide means for the equipment, construction and repair of the Western and Atlantic Railroad, and to pay off the exist• ing liabilities of the same. Approved, January 12, 1852. Whereas the Western and Atlantic Railroad has n ev been equipped in such manner as to enable it to do the bu- siness which presses upon .it, and is in need of such repairs as will enable it to perform its work with satisfaction to the public, and without loss to the State; and whereas its ac- cruing revenue is insufficient to enable it promptly to be placed in the condition which the interest, both of the State and the people absolutely demand. 20. Sec. I. Be it enactedby the Senate and House of Representatives of the' State of Georgia in General As- sembly met, and it is hereby enacted by the authority of $525,600 ap- the samne, That a sum of money, not to exceed Five Hun- theequ 1 pment dred and Twenty-Five Thousand Dollars, be raised in the thereat"ofmanner herein after provided, and that the said sum be and is hereby appropriated for the equipment, construe- tion and repairs of the said road, and to discharge the ex- isting liabilities of the same, which shall be audited in * For this Act, see New Digest 418. t This Act abolishes the office of Chief Engineer, and repeals all those pro- visions in former Acts giving the Governor discretionary power in appointing Agents, &c. All fhe former laws will be found in New Digest, p. 401,422. INTERNAL TEAllSPOET'N—W. & A. E.—1851-2. 115 Proceeds of the Road. such manner as the Governor shall direct, before they are paid. 21. Seo.II. And be it f urther enacted, That to raise Bonds to be the said sum of money, the Governor of this State be, and amount, he is hereby authorized and directed to issue bonds of the State of Georgia in sums of Five Hundred Dollars each, to an amount not exceeding in the whole, Five Hundred and Twenty-Five Thousand Dollars, which bonds shall be payable twenty years after their date, and. bear an interest Descriptionj of six per centum per annum, payable semi-annually, and shall have coupons attached thereto, and the principal and interest shall be made payable at such place or places with- in the United States as the Governor may deem most ad-' vantageous for the public interest. 22. Sec. III. And be it further enacted, That the Gov-SaleofbondSj ernor shall dispose of said bonds at such time and in such manner as he may deem most beneficial for the State, and shall, from time to time, place the proceeds of said bonds proceeds how in the hands of such officer or officers of said road, as may dlsposedof> be authorized by law to receive them, to be expended for the purposes set forth and declard in this Act. 23. Sec. IV. And be it further enacted, That the pro- proceeds'of ceeds of the Western and Atlantic Railroad, after deduct- fegld for ing the expenses of said road, and after the payment of onEeToen<}s, all other sums for which the same have been heretofore set apart and pledged, shall be applied to the payment of the interest and principal of the bonds hereby authorized, in the manner specified in the Fifth Section of the Act of the General Assembly, approved December twenty-third, Eighteen Hundred and Forty-Seven, entitled " An Act for the completion of the Western and Atlantic Railroad, and for providing funds for the same." 24. Sec. V. And be it further enacted, That after de- surplus of in. fraying the usual and necessary expenses of the Western toSfetreasw and Atlantic Railroad, and defraying the expenses, of re- laying' such parts of the said road which may become ne- cessary, and which are not provided for by this Act, the income of the road shall be paid into the Treasury* and become a fund to extinguish the interest and principal of the public debt charged upon said income. * See ante. Section 12. 116 INTERNAL TRANSPORTN—W. . Legislature of the State of Alabama for the purpose of uniting and connecting with the Railroad hereby charter- ed, at the State line, upon such terms and upon such con- ditions.as shall be agreeable to said Companies. 48. Sec. Y. And be it further enacted, That the Board right of way. 124 INTERNAL TRANSPORTAT'N—R. R. Co.'s—1851-'2. Cherokee Railroad. of Directors, of the aforesaid Company, shall have power to select and take, or receive as a donation, such strip or strips of lands, between the points selected, for the begin- ning and the terminus of said road, and of such width as they may deem necessary for the construction of said road, In ea-ei of and in all cases in which any difficulty may arise between difficulty. in(}iyicllials or corporations and said Company, or their Directors, as to the right of way or damages to the land on which the same may be located, it shall and may be lawful for either to apply to the Sheriff of the county in jury. which such land may be located, who shall summon a Ju- ry of five freeholders, who shall enter upon the land sought to be appropriated to the use of said Company, and award, Verdict. in writing, the amount of damages, if any, to be paid by Appeal. the said Company, either party having the right to appeal to the Superior Court of said county, under the same laws and regulations which apply to appeals in said Court, and in all instances, such freeholders and the Jurors in said Superior Court, in addition to the usual oath, shall be sev- oath of Jury erally sworn, in assessing damages, to take into the account on Appeal. pr0Spectiye value of the road to the land and premises through which it may run, and to hear evidence touching the. same, and upon the payment of damages so assessed, as aforesaid, the fee-simple title to such lands as may be necessary for the location of such road, building Depots and other purposes, shall rest in said Company. directors. 49. Sec. YI. And be it further enacted, That the affairs of said Company shall be under the management and con- trol of the Board of Directors, elected by the stockholders President, iJ1 sa^ Company, who shall elect a President from their own body, which said Board of Directors shall have all necessary power to choose and select their Engineers and other officers, and to fix and allow the salaries of all the officers,and agents of said Company. May consoii- 50. Sec. YIL And be it further enacted, That if at any Ro^ie Raii'16 time the said President ana Directors, with the advice and road Co. consent of the stockholders, shall think proper and advisa- ble to consolidate the Company hereby chartered with the Rome Railroad Company it shall and may be lawful for them so to do for the purpose of forming a continuous line of Railroads from Jacksonville, in Alabama, or from the State line to the intersection of the Rome Railroad with the Western and Atlantic Railroad, upon such terms and conditions as shall be agreeable to each of said roads. perpetual 51. Sec. YIII. And be it further enacted, That the succession. Qompany- aforesaid shall have a perpetual succession of rk°rramon car' members, and shall be deemed a common carrier, as re- INTERNAL TRANSPORTAT'N—It. R. Cb/s—1851->2. 125 General corporate powers. spects all goods, wares, and merchandise, and property entrusted to them for transportation, and that said Com- pany shall have full power and authority to do and per- General cor- form all and every corporate acts as are permitted ofporate powers allowed to other Companies incorporated for similar pur- poses. 52. Sec. IX. And be it further enacted, That the pri- individual n- vate property of each stockholder shall be bound for the abUity' payment of the debts of said Company, in proportion to the amount of stock owned by each stockholder. 53. Sec. X. And be it further enacted, That it shall the atlanta be the duty of the Atlanta and LaGrange Railroad Com- | J^^S8 pany to keep, all times, at their principal office or place of jktaf doing business, a stock list containing the names of thetori^pecS stockholders in said Company, and the number of shares owned by each, which list of stockholders shall at any .and all times be subject to the inspection of any person de- siring to see the same, and any transfer of the* stock so Transfers of owned by each stockholder, within six months prior to the st°°' attainment of judgment against the Company, shall not discharge his private property, but it -shall still be bound under the provisions and in the manner pointed out under the seventh section of the Act incorporating said Com- pany. 51. Sec. XI. And be it further enacted, That in all a^mem of controversies between said Company and land owners, asSflfvSy, provided for in the charter of said Company, the Commis- sioners and Juries shall take into consideration the benefits as well as injuries arising to the land owner from the con- struction of said road. 126 INTERNAL TRANSPORTS—Railroad Co's—1851-'52.' Milledgeville and Gordon Railroad. milledgeville and gordon railroad company.* Sec. 55. State bonds bear interest, &c. ;Sec. 57. Lease to c. r. R. authorized. " 56. Repealing certain Sections of Act of 1850 j (No. 74.) An Act to alter and amend an Act entitled an Act to authorize the subscription by the State to the Capital Stock of the Milledge- ville and Gordon Railroad Company, passed 6th February, 1850. Approved, January 19, 1852. 55. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of The bonds of the same, That the Bonds of the State provided for in the bear six per first Section of the said ActJ entitled an Act to authorize payUlelemi. the subscription by the State to the Capital Stock of the annnauy. Alilledgeville and Gordon Railroad Company, shall draw interest, payable semi-annually at the Treasury of the State, and shall have annexed coupons, or interest war- Guaranty to rants, for such semi-annual interest; Provided, That the the state, Milledgeville and Gordon Railroad Company shall guar- antee to the State the payment of six per cent., annually, on the amount of Stock so owned by the State in said Company. r 56. Sec. II. And be it further enacted by the authority sections^of aforesaid,, That the second and third sections of the said repealed!850 Passenes£°mpleted that nothing in this Act shall be so construed as to exempt Provision „ the stock of said Company, Railroad and Equipments fromt0 taXj any tax that the Legislature may hereafter assess. 128 INTERNAL TRANSPORTS—Railroad Co's—1851-'2. Brunswick and Florida Railroad Company. 59. Sec. III. And be it further enacted by the authority stock how aforesaid, That said company, their associates, successors created. and assigns, be and they are hereby authorized and em- powered to create the original stock of one hundred and fifty thousand dollars, or so much thereof as may be ne- cessary to establish the aforesaid Company, upon the sub- scription of thirty-thousand dollars, in the manner pre- scribed by the Act hereby revived. Repealing 60. Sec. IY. And be it further enacted, That all laws and clause' parts of laws militating against this Act, be and the same are hereby repealed. BRUNSWICK AND FLORIDA RAILROAD COMPANY. Sec. 62. Votes of Stockholders : Sec. 64. Organization of company. " 63. Commissioners for Stock; (No. 76.) An Act to amend the several Acts heretofore passed in this State, incorporating the Brunswick and Florida Railroad Company^ and the several Acts amendatory thereto. Approved, January 22, 1852. 61. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it ts hereby enacted by the authority of votes of ^ie same-> That the number of votes to which each Stock- stockholder.* holder in the Brunswick and Florida Railroad Company shall be entitled, shall be according to the number of shares he, she or they shall hold; that is to say, each Stockholder shall be entitled to one vote for each and every share he, she or they may hold, commission. 62. Sec. II. And be it ft, vther enacted, That for the looks ofs"b. purpose of the organization and re-organization of said scnption, Brunswick arid Florida Railroad Company, that Levi J. Knight, Thomas E. Blackshear, R. J. Walker, Samuel W. Brooks, Amos Davis, William Chancey, and Robert Col- lins, shall constitute a Board of Commissioners for said Company, and the said Board, or a majority of them, shall have authority at such time or times, and at such place or places, as they may deem advisable-and expedient, to open books of subscription as they or a majority of them may think best and for the interest of said Company. INTERNAL TEANSPOET'lSr—Eailroad Go's.—1851-'2. 120 Brunswick Canal and Railroad Company. * * 61. Sec. III. And be it further enacted, That so soon organization as the said Company shall be organized as aforesaid, andof Company» Stock subscribed as aforesaid in the second Section of this Act, the Board of Directors shall call a meeting of Stock- holders at such time and place as they may think for the interest of said Company, for the purpose of .choosing a Board of Directors to manage the affairs of said Company, by giving notice of the time and place of meeting thirty days prior to said meeting, in some public journal printed in the city of Savannah. BRUNSWICK CANAL AND RAILROAD COMPANY. Sec. 65. Charter revived; Sec. 67. Mode of Assessment. " 66. Assessments on such; , (No. "it) An Act to revive and amend the Act passed on the 20th of Decern- ler, 1834, incorporating and conferring certain powers upon the " Brunswick Canal and Railroad CompanyApproved, De- cember 19, 1851. 65. Section I. Be it enacted T>y the Senate and House of Representatives of the State of Georgia in General As- sembly met, and ■ it is hereby enacted by the authority of the same, That the Act passed on the twentieth day of De- charter revi- cember, Eighteen Hundred and Thirty-Eour, by .which the ved* Brunswick Canal and Bailroad Company was incorpora- ted with vested powers, rights and privileges, be, and the same is hereby, revived and made of fall force, and the Stockholders in said Company authorized to proceed under the same, with all the powers, rights and privileges therein granted, for the construction, completion and use of their works. 66. Sec. II. And be it further enacted, That the Board Assessments, of Directors of said Company shall have power to make assessments, from time to time, as circumstances, in their judgment, may require, upon the Stockholders, and upon failure to pay any such assessment, (after thirty days no- tice thereof, in a public gazette of Savannah, has been given,) by any Stockholder, his or her Stock in said Com- |^f|iturQ of?; pany may be declared forfeited by said Board of Direc- toc 4 9 130 INTERNAL TRANSPORTS—R. R. Co's.—lS51-'2. Gainesville Railroad Company. tors, and the same proceedings shall be had in relation thereto as is provided in the thirteenth section of the aforesaid Act in relation to the forfeiture of Stocks for the non-payment of instalments. Mode of as. 67. Sec. III. And be it further enacted, That said sessmenu assessments shall only be made for "the completion of the Canal, and shall be in eqnal ratio upon the Stockholders, according to their respective shares or interests ; Provided, always, that no assessment shall be made against the State on account of its interest in the said Company. gainesville railroad company. Sec. 68. Part of charter repealed; Sec. 69. Individual liability. (No. 78.) An Act to repeal the ninth and nineteenth sections of an Act incor- poraiing the Gainesville Railroad Company, approved December 28th, 1847, and for other purposes therein mentioned. Appro- ved, January 22, 1852. 68. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Ninth and the same, That the ninth and nineteenth sections of the tions of char- above recited Act, be and the same are hereby repealed, terrepealed. ^ gEG< jj< jlnf le fa further enacted by the authority individual li- aforesaid, That the private property of the Stockholders Stockholders, in the said Railroad Company, shall be liable to the amount of Stock respectively subscribed by them, or either of them. INTERNAL TRANSRORT'N—R. R. (Vs.—1851-'2. 131. Carrollton Railroad Company. carrollton railroad company. Sec. 70. Incorporated ; Sec. 72. Rights of way; " 71. Route, rates, &c.; " 73. General powers. (No. 79.) An Act to incorporate the Stockholders of the Carrollton• Railroad' Company. Approved, January 19, 1852. 70. Section I. Be it enacted hy the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That Appleton Mandaville, John T. Mador, John corporaaaa. W. Wood, Sheppard K. Williams, Joseph 0. Benson,, Eranklin 0. Diamond, William W. Merrell, Thomas Chan,- dler, Frederick D. Palmer, Thomas Bonner, Zadoc Bon- ner, and D. M. Blood worth,- and such others as shall asso- ciate under said name, shall be and are hereby incorpora- ted and made a body politic, with all the rights and privi- leges common and necessary to such a corporation, under Name «r the name of the Carrollton Railroad Company. ^ company 71. Sec. II. And be it further enacted, That skid Com-route, pany shall be authorized to build a Railway from the town of Carrollton, Carroll county, to any point on the Atlanta and LaGrange Railroad, between the city of Atlanta and the town of Newnan, or at Newnan, that said Company may select, charging upon every mile when completed, such amount for freight and passengers as maybe deemed Rates of expedient and just; and for procuring Stock in the same, to open books and procure subscriptions of Stock at the Orgaiuza&», rate of one hundred dollars per share, at such time and places as may be thought proper; to elect Presidents, Directors, Agents, and Servants ; to borrow money, make contracts, and hold real and personal estate to and for the use of said road. 72. Sec. III. And be it further enacted, That in all ca- rism »rw- ses where a question of right of way may'arise, and the. parties be -unable to agree, the Sheriff of the county in* which said land is situated, shall summon a Jury of twelve juiy~ Jurors, freeholders of said -county, who shall assess the damages to be paid by said Company for running said road through the land of any citizen, saving to either par- ty the right of appeal to the Superior Court, under the Appeal, laws now in force regulating appeals to that Court, and in all such cases, such. Jury shall," in. addition to the usual oath, be severally sworn in assessing damages, to take into oath of jray- 132 INTERNAL TRANSPORTS—R. R. Go's.—1851-'2. Savannah and Albany I?ailroad Company. tlie account the enhanced value of the land from the "build- ing of said road passing through said land. General pow. 73. Sec. IV. Andbe it further enacted, That said Com- ere- pany shall he authorized to make such contracts for, and to appropriate all lands and materials necessary for the construction of said road, making just and proper com- pensation therefor, according to the plan set forth in the third section of this Act, and to take such other meas- ures, not unlawful in themselves, as may he necessary to huild said road and carry out the objects of the same, and that all laws and parts of lawrs militating against this Act, be, and the same are hereby, repealed. savannah and albany eaileoad company. (No.,80.) An Act to amend an Act to incorporate the Savannah and Albany jkailroad Company, with power to extend the said road, and to construct branches, and for other purposes, approved December 25th, 1847, so as to extend the time for the commencement and completion of said road, and the continuance of said charter. Approved, November 20th, 1851. 74. Section I. Be it enacted hy the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Time for ^he samej That the time for the commencement and com- pletion of the. Railroad, Plank Road and branches, au- InVaumhon thorized by the said recited Act, and the amendment o" chafer ex- thereto, approved February 21st, 1850, be extended to ten years from and after the passage this Act, and that the said charter of incorporartion shall continue thirty years from and after the completion of said road and branches. INTERNAL TRANSPORT'S—RAILROAD CO'S.—1851-'2. 133 5 — — . Columbus and West Point Railroad and Plank Road Company. COLUMBUS AND WEST POINT JR. AND P. E. COMPANY. Section 75. Incororpated. " 76. Capital. " 77. Organization. 78. Right of Way. " 79. Taxation. " 80. Obstructing, &c. 41 81. Books—Contracts. (No. 81.) An Act to incorporate the Columbus and West Point Railroad and Plank Road Company, and to punish persons for violating the same. Approved, January 22, 1852. 75. Section I. Be it enacted hy the Senate a/nd House of Representatives of the State of Georgia in. General As- embly met, and it is hereby enacted hy the authority of the same, That for the purpose of constructing a Railroad or a Plank .Road, as said Company may deem most con- lncorP°rated- duciye to the interest of the public, from the City of Co- lumbus to West Point, in Troup county, alo'ng the Eastern side of the Chattahoochee river, John Banks, James M. Chambers, Samuel A. Bailey, James R. Jones, WilliamtA. Redd, James K. Redd, Hampton S. Smith, Grigsby.E. Thomas, Alfred Iverson, Wiley Williams, John R. Daw- son, John Forsyth, John Fontaine, Marshal J. Welbom, Hu A. Haralson, Josephus Echols, William H. Chambers, William F. Fannin, and George Winston, and their asso- ciates, successors and assigns, be and they are hereby created a corporate body politic, by the name and style of gi ^ the Columbus and West Point Railroad Company, with tye" . vested rights and privileges, and by such corporate name and style shall be. capable in law to purchase, accept and Powereand hold, sell and convey, personal and real estate, make con- rmeges" tracts, sue and be sued, to make bye-laws, appoint all ne- cessary officers, and prescribe their duties, and to do all lawful ■ acts properly incidient to and connected with the objects of said corporation, ancl necessary for the govern- ment and transaction of its business ; to make and use a common seal, and the same to alter and destroy at plea- seai. sure; Provided, That their by-laws be not repugnant to By.Laws. the Constitution and laws of the United States, and of this State. 76., Sec. II. And he it further enacted, That the Capital Stock of said Company shall not exceed One Million of capit^ Dollars, to be divided into shares of not exceeding one 1 5 hundred dollars each; and .the Board of Directors shallSubscnptlou- prescribe the mode and conditions of subscription for said stock in said company, and issue certificates for the same. Section 82. Debts—Limit upon. " 83. May build Railroad. " 84. Timeofcommencement.&c. " 85. Duration of Charter. " 86. Liability of Stockholders. " 87. Crossing of public roads, &c. 134 INTERNAL TRANSPORTS—Railroad Co's.—1851-'2. Columbus audWest Point R. and P. R. Co. 71. Sec. III. And be it further enacted,, That for the organization of said Company, said persons herein before named, or a majority of the same, shall appoint the times and places at which subscription for Stock in said Company may be made, and shall immediately thereafter appoint a convenient time and place for the meeting of subscribers for Stock, of which they shall give notice in the public ga- zettes published in the City of Columbus, and in West Point and Lagrange, at which time and place theysh all proceed to the election of seven Directors, who shall form and constitute the first Board of Directors, one of which said Directors shall be elected President thereof; and said President and Directors shall hold their offices for one year and until their successors are elected, and shall prescribe in their by-laws the manner of holding the subsequent an- nual elections for President and Directors ; and in all cases the Stockholders shall be allowed to vote in person or by proxy, under power of attorney duly executed. The num- vfu&s. ber of votes to which each Stockholder shall be entitled shall be according to the number of shares he, she, or they 'may hold, in his, her or their, own right, or as trustee, for three' months prior to the election, one vote for each share. Di Board Directors shall have power to fill all vacan- msak cies which may occur in their Board, or other offices, until the regular annual election by the Stockholders, and shall fix the compensation of the President of the Board, and all other officers of said ^Corporation; not less than three Di- . rectors shall constitute a Board for the transaction of busi- negS) 0f whom the President shall always be one, except in case of sickness or necessary absence, in which case, his place may be supplied by any one ot the Directors present, to be elected President pro tern, by a majority of the Board present. 78. Sec. IV. And be it further enacted, That the said 'Biskt of way Board Directors shall have power to select and take, or £ 0 way" receive as donations, such strips of land as they may deem necessary for the construction, convenience and protection of said Road; and in ' case of disagreement between the ptoceedings.^ owner or owners, and the said Board of Directors, in regard 18 to the damages or price of any such necessary strip or strips of land, it may and shall be lawful for said Board to ap- point one disinterested freeholder as appraiser, and the owner or owners of such land, another disinterested free- holder, if he, she or they, should think proper, and the Justices of the Inferior Court, or a majority of them of the county in which such land may lie, shall appoint another disinterested freeholder; but if such owner or owners shall decline to appoint said appraiser on his, her or their part, INTERNAL TRANSPORTS'—Railroad Oo's.—1851-'2. 135 Columbus and West Point It. and P. R. Co. tlien two shall he appointed by the Justices aforesaid, all of whom shall be sworn before a Justice of the Inferior Court or Justice of the Peace, to make and return to said Court a just, true, and impartial valuation of the damages or value of such strip or strips of land thus required by said Awar4 Company, and their award shall be in writing, and made and signed by at least a majority of said appraisers, and accompanied by a plat and full description of said land, wdiich shall be taken and held as the judgment for the amount against said Company, and may be enforced by an execution from the said Inferior Court, and the said plat and description of said land and award shall be recorded in the said county in the same manner as deeds, and shall vest a fee simple right to said land in the said corporation-; Provided, That if either party shall be dissatisfied with the award-of the appraisers, he, she, or they, may appeal AppeaU to the Superior Court of the county in which said land lies, and have the damages ascertained by the verdict of a spe- cial Jury, at the first term, and such verdict shall be con- elusive and binding on both'parties. 79. Sec. 5. Be it further enacted, That the' said Pail- road and its appurtenances shall not be subjected to be taxed by the State higher than one-half of one per cent.Minimnmte upon its nett income, nor shall any other tax be levied or collected on the Stock or property of said Company. 8.0. Sec. YI. Be it further enacted, That the said Com- pany shall build and keep in good order substantial bridges, Bndg^&e^ or ways of passage across said Pailroad, wherever it may road! cross a public road; and if any person shall wilfully or ma- liciously destroy, or in any manner hurt, damage, injure, or obstruct, or counsel, aid, assist or advise, any other per-obstructing son or persons, to hurt, or otherwise injure or obstruct said Poad, or any of the appurtenances or appendages there- unto appertaining or belonging, such person so offending shall be liable to be indicted for a misdemeanor, and on a misdemeau conviction thereof shall be imprisoned at hard labor in the1101' Penitentiary, at the discretion of the Court, for a term not punishment. less than four years, and shall further be liable to pay all expenses of repairing or rebuilding the same, and all dam- ages occasioned there'by. 81. Sec. YII. Andhe it further enacted, That the books, Book8>-&<^ papers, and correspondence, and the funds of said Com-w^ky*- pany, shall at all times be subject to the inspection of the Board of Directors and the Stockholders, at any and every meeting thereof, when required; and all bonds, notes, orContects-^ other evidences of debt, or contract or liability, or engage-cated. ment on behalf of said Company, shall be binding and obligatory on said corporation, when the same shall be •136 INTERNAL TRANSPORTS—Railroad Co's.—1851-'2. Columbus and West Point II. and P. It. Co. signed by the President of said Company, and counter- signed or attested by the Secretary thereof; and the funds of said Company shall in no case be held responsible for any contract or engagement, unless the same shall be so signed, countersigned or attested as aforesaid. 82. Sec. YIII. And be it further enacted, That the I&biSnof Stockholders in said Company shall be liable in proportion stockholders. £jie number of shares held by them respectively, for, ® ceed one-*0 the debts of said Company, which shall not exceed one-half ^capital. of the Capital Stock. 83. Sec. IX. And be it further enacted by the authority aforesaid, That the aforesaid grants, power, privileges, May buna a imnm-nities and franchises, shall be used and applied to. nwiroad. the construction of a Railroad between the aforesaid points, should said Company deem the same necessary and proper. 84. Sec. X. And be it further enacted, That the said Company shall begin the construction of the saiy the authority Repeating aforesaid, That all laws or parts of laws conflicting with clause. gpts Act, be and the same are hereby repealed. INTERNAL TRANSPORT'!!—AV. & A. R.—18Sl-'2. 119 Talbotton Railroad Company. TALBOTTON RAILROAD COMPANY. Sec. 119. Incorporated; Sec. 121. Lease to Muscogee'road; " 120. Powers and privileges ; " 122. Repealing clause. (No. 85.) An Act to incorporate the Talbotton Railroad Company. Appro- ved, January 15, 1852. 119. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That for the purpose of constructing a Railroad Route, communication from some point at or near the town of Talbotton, in the county of Talbot, with the privilege of connecting with the Muscogee Railroad, now being con- structed from the city of Columbus, at such point and up- o.i such terms as may be agreed upon by the respective companies, William S tailings, Thomas A. Brown, Thomas lncorporated. II. Persons, John II. Weeks, Edmund H. Worrell, James J. Tooke, William Ragland, Levi B. Smith, Jesse Carter, Thomas B. Turner, William B. Collier, James Z. Dismuth, William T. Holmes, Robert II. Dixon, Isaac Cheney, Rob- ert Gamble, Dyer C. Hod, William II. Ellison, Zacha- riak B. Trice, Henry Leonard, James P. Leonard, John H. Walton, and James D. Cottingliam, and such other in- dividuals as may be associated with them, and their a's- signs, shall hereafter be a body corporate by the name and style of. the Talbotton Railroad Company, with power style, and authority to create a Capital Stock not exceeding one capital sioo,-- hundred thousand dollars, to be divided into shares of the000- value of one hundred dollars each, to be subscribed for and transferred, called in and paid under such terms, condi- tions and restrictions as may be prescribed by said Com- pany. 120. Sec. II. And be it further enacted, That said powers and Talbotton Railroad Company shall be authorized to haveprivlleges- and exercise all the powers, privileges, rights and immu- uities, and be subject to all the limitations and restrictions in the purchase of the right of way, building, constructing and running said road as are prescribed for the Muscogee Railroad Company, excepting as to taxation by the Act of 27th December, 1845, and the Acts amendatory thereof. 121. Sec. III. And be it further enacted, That saidMaybaieas- Talbotton Railroad Company shall be authorized to sell or geermr!co. transfer its privileges, or said Road, to said Muscogee Rail- road Company, or to lease to the same for a term of years 150 INTERNAL TRANSPORTS—W. & A. R.—1851-'52. The Clarkesville and Tugalo Rail or Plank Road Company. on such terms as may "be agreed on by said Companies. repealing 122. Sec. IY. And be it further enacted, That all laws ciause- and parts of laws militating against this Act, be, and the same are hereby, repealed. THE CLARKESVILLE & TUGALO RAILROAD OR PLANK ROAD CO. Sec. 123. Incorporated; Sec. 125. Powers and privileges. " 124 Capital, organization; (No. 86.) An Act to incorporate the Clarkesville and Tngalo Rail or Plank Road. Approved, January 12, 1852. 123. Section I. Be it enactedby the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of incorporated, the same, That George D. Phillips, Phillip Martin, Reu- ben Nash, John S. Dobbins, John H. Wylie, Patton Jar- rett, Joseph B. Whitehead, Nathan Hunter, and Jeremiah Taylor, and their associates, be, and they are hereby, de- Name." clared to be a body politic and corporate under the name of the Clarkesville and Tugalo Railroad Company, for the purpose of constructing a Rail or Plank Road from the Route, town of Clarkesville, in the county of Habersham, to some convenient point on the Tugalo river, to intersect a Plank or Railroad running from Anderson Court House, South Carolina, and as such shall sue and be sued, plead and be impleaded. capital $2oo,. 124. Sec. II. And be it further enacted, That the Cap- 000 * ital Stock of said Road shall consist of two hundred thou- sand dollars, to be divided into shares of one hundred dol- lars each, that said Company shall be under the direction President and of a President and seven Directors, to be selected by the Directors, Stockholders, and to hold their office for the period of one year and until their successors are elected, that said Direc- By-Laws, tors shall have the power of making such by-laws as may be deemed necessary for the management of the affairs of the Company, not conflicting with the laws of this State, Books % that the corporation before mentioned shall have the priv- su scnption. pege Rooks of Subscription for the purpose of INTERNAL TRANSPORTS—W. & A. R.—1851-'2. 151 Geergia and Florida Railroad. •obtaining the necessary amount of stock to build said road, "in such manner as they may deem necessary and best. 125. Sec. III. And be it further enacted, That said Company shall possess and enjoy all the rights, immunities and privileges which are had, possessed and enjoyed by the Central Railroad and Banking Company, except the privileges of Banking and' exemption from taxation, and shall be subject to all the pains, penalties, liabilities, re- ■strictions, and limitations, which are incident to and bind- ing upon said Company. GEORGIA AND FLORIDA RAILROAD. ;Sec 126. Incorporated. Sec. 128. By-Laws. " 127. May consolidate Stock. (No. 87.) An Actio incorporate the Georgia and Florida Railroad Company, and to confer certain powers and privileges therein mentioned. Approved, January 22, 1852. 128. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That Joseph Bond, P. M. Nightingale, James ki. Mercer, N. W. Collier, "W. W. Cheever, Benjamin Jourdan, David A. Yason, Nelson Tift, Michael Young, Thomas Jones, Elijah R. Young, Thomas B. Wynn, M. B. Jones, "W". G. Ponder, Hardy Bryan, James L. Seward, and their associates, or a majority of them, and assigns, are hereby constituted a body politic and corporate, under the name of StyIe> the Georgia and Florida Railroad Company, and under said corporate name, they, or a majority of them, shall have au- thority to construct a Railroad from Oglethorpe, or some Route, other point on the Southwestern Railroad, to Albany, in Baker county ; and they shall also have authority to con- struct a Raiiroad from Albany to Thomasville, in Thomas county, and from thence to the Florida line, in the direction of Tallahassee. And the said Company are also authorized to construct a Plank Road, or a graded or a Macadamized piank Road. Road, in connection with, or in lieu of their Railroad. And for the purpose of constructing said Road or Roads, pro- 152 INTERNAL TPANSPOPT'N—Pailroad Co's—1851-'2. Indian Spring ltailroad Company. curing the*riglit of way, and managing all the affairs of said Company, they are hereby invested with the same powers and privileges which have been granted to the Sa- vannah and Albany Pailroad Company by its original Charter, and the Acts amendatory thereof, which are not inconsistent with the rights and privileges which have been granted to the Savannah and Albany Pailroad Com- pany. 127. Sec. II. And be it further enacted, That the Geor- . gia and Florida Pailroad Company may at any time in cor- ofsXf'0" porate their Stock with the Stock of any other Company, on such terms as may be mutually agreed upon by such Companies ; Provided, That the Poad and other property of this Company shall be subject to such taxation as the Taxation. Legislature may deem equitable and just. 128. Sec. III. Be it further enacted, That the said Georgia and Florida Pailroad Company, shall have au- By-Laws thority to make all such by-laws, rules and regulations, for managing the affairs of said Company, as they shall deem proper, not inconsistent with the Constitution of this State or the "United States; and may by said by-laws, from time to time, determine the amount of Stock necessary to carry out the purposes of said Company, and the construction of said Poad or Poads. indian spring railroad company. Sec. 129. Incorporated. Sec. 130. Powers and Privileges. (No. 88.) An Act to incorporate the Indian Spring Railroad Company. Ap- proved, January 22, 1852. • 129. Section I. Beit enacted By the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of incorporated, the same, That from and after the passage of this act, Pobert Collins, James Dean, Pobert A.L. Atkinson, James D. Head, Allen Cochran, William J. ITead, and Charles F. Newton, and their associates, successors and assigns, be and they are hereby created and declared to be a body politic and corporate, by the name and style of the Indian INTERNAL TRANSPORTS—RAILROAD CQ'S—1851-'2. 153 Indian Spring Railroad Company. Spring Railroad Company, and in and by that name, may sue and be sned, plead and be impleaded, in any Court olXiat>mti&"d Law or Equity of this State. May have and use a common seal, and may purchase, hold and convey, any property, either real or personal, or mixed, necessary for the purpo- ses hereinafter named. 130. Sec. II. And be further enacted. That said Com- pany shall have power and authority to survey, lay out, Remte construct and build a Railroad from Forsyth, in Monroe xe> county, or some other point on the Macon and Western Railroad, between Forsyth and the city of Griffin, to the Indian Spring, in Butts county, and the same to equip, privilcfe,eSi use and enjoy, with all the rights, privileges and immuni- ties granted to the Macon and Western Railroad, and sub- ject to the same liabilities imposed upon said Company, so far as the same may be applicable under this Act, and the Act incorporating said Macon and Western Railroad and Banking Company, and several Acts amendatory thereof, heretofore passed, and with full authority to receive and take the right of way for said Railroad of like width, and Rigllt of way under the same restrictions and liabilities as are prescribed in said Acts, or either of them, or the Act incorporating the Monroe Railroad and Banking Company, Banking privileges only excepted; Provided, That nothing in this Act shall be construed to exempt the Stock, Railroad and Taxation, equipments of said Company, from any tax that the Legis- lature may assess. 151 INTERNAL TRANSPORTN—"W. & A. R.-1851-'2. Culloden llailroad. CULLODEN RAILROAD. Sec. 131. Incorporated. " 132. Capital. Sec. 137. Instalments. " 138. Public Roads crossing. " 139. Right of Way. " 140. Minutes of Board " 133. Organization. " 134. Votes. " 140. Minutes of Board " 141. Duration of Charter. " 142. Consolidation of Stock. " 135. Elections, vacancies. " 136. Officers. (No. 89.) An Act to incorporate the Culloden "Railroad, with powers to construct a Railroad from the town of Culloden, in Monroe Coun- ty, to the town of Barnesville, in Pike county, and there to connect with the Macon and Western Railroad, and to confer all powers necessary to effect said object. Approved, January 22d, 1852. 131. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of constructing, build- ing and keeping up a Railroad communication from the town of Culloden, in Monroe county, to the town of Barnes- ville, in Pike county, located on the Macon and "Western Railroad ,or to some other suitable and convenient point on said Railroad, the subscribers for the capital stock herein- after mentioned and their successors and assignees shall incorporated, hereafter be a body corporate, by the name and style of the Culloden Railroad Company, and by . the said cor- Powers and li.p.orate name shall be and are hereby made capable in law abilities. to pave^ purchase^ receive, enjoy and retain to themselves and their successors, lands, rents, tenements, hereditaments, goods and chattels of all kinds whatever, and the same to sell, grant, demise alien or dispose of; to sue or be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all courts of record, and also to make and ordain all necessary bye-laws, rules and regula- By-laws. tions for the government of said corporation, to make and have a common seal, and the same to alter, break or renew at pleasure, and do all other lawful acts incident to a cor- poration, Provided, such rules, bye-laws and regulations are not contrary to the laws and constitution of this State or of the United States.. 132. Sec. II. Be it enacted by the authority aforesaid, capita^ That the Capital Stock of said Company shall consist of Three Hundred Thousand Dollars, divided into shares of One Hundred Dollars each. 133. Sec. IH. Be it enacted, by the authority aforesaid, 0. . That for the organization of said Company, the following 'san,za lon" pers0ns, to-wit: Williams Rutherford, John Castling, Jas. INTERNAL TRANSPORTS—W. & A. R.—1851-'2. 155 Culloden Itailroad Lyons, Dr. David Kendall, Dr. D. W .Hammond, Wiley Eutrail and John L.Woodward be and the same are here- by constituted Commissioders whose duty it shall be to ap- point a convenient time and place for the meeting of the Stockholders of said Company, which they shall advertise in one or more of the public Gazettes of this State for three weeks in succession, previous to the day of meeting, at which time and place the subscribers to Stock may attend in person or be represented and vote by proxy, and no one but a Stockholder shall be capable of being a proxy, and votes, the appointment shall be in writing, signed by the appoint- ing member, and duly authenticated by the oath.of a sub- scribing witness endorsed thereon or annexed thereto by a lawful Magistrate, and the. meeting being assembled, and the proxies examined and admitted, the Commissioners, or a majority of them, shall present a ballot box in which the Direction* subscribers may vote for officers of said Company by ballot, and the presiding Commissioners shall count the ballots and declare the result of the election, and shall make out and deliver to said officers elect proper certificates under their hands. The officers to be elected as aforesaid shall consist of ten directors, out of which said number of direc-Presidcnt' tors the board shall choose a President. 13d. Sec. IY. And he it further enacted hy the authori- ty aforesaid, That in the said election for directors, the E^ion1. vote shall be taken by the following rule: Each Stock- holder shall be entitled to a number of votes equal to the number of shares he or she may hold in the Stock of said Company. 135. Sec. Y. And be it farther enacted by the authority EIeetiong aforesaid, That the election for President and Directors annually, shall be made annually, according "to a bye-law to be made for that purpose, and in case any vacancy occurs in theVacaucles- Board of Directors between two periods of general election the said Board or a majority of them, at any stated or reg- ular meeting of the Board, may elect by baliot from among the Stockholders' to fill the vacancy so occuring, until the next general election of Directors. 136. Sec. YI. Andbeit farther enactedby the authori- ty aforesaid, That after the President and Directors shall0ther officers' have been elected as aforesaid, it shall be always in their power at any meeting of the Board, a majority being pre- sent, to nominate and appoint a Secretary, Treasurer, and all other officers and agents that may be deemed ne- cessary, or may be prescribed by the bye-laws of said Com- pany, removable at the pleasure of the Board. 137. Sec. YII. Andbe it farther enactedby the author'- 150 INTERNAL TR AN SPORT AT'N—R. R. Co.'s—lS51-'2. Culloden Railroad. instalment? ity aforesaid, The said Board of Directors may call in in- on stock, gtaliiients on tlic Capital Stock subscribed when the inter- est of the Company require it, and the failure of any Stock- holder to pay any instalment so called in within the time appointed for the payment thereof, shall operate as a for- Forfeiture- fepure 0f the share or shares upon which such failure to pay occurred, which share'or shares so forfeited as aforesaid, and all payments thereupon paid, shall accrue to the bene- fit of the said incorporation, and shall be disposed of as the Directors shall order or provide : Provided, That sixty Notice. ciayS previous notice shall be given of the time and place of payment of such instalments, and that not more than fifteen dollars upon each share shall be called in any one time, and that no more than one instalment shall be called in in any three months. 138. Sec. YIII. And be it further enacted by the aa~ Crossine of tleority aforesaid, That the said Company shall have full Public Roads. p0Wer to conduct their road over and across all public roads or highways, and by suitable bridges over and across all or any Rivers, Creeks waters or water courses that may be in the route, Provided, the said Company shall so con- . struct their Railroad as not to obstruct the same. 139. Sec. IX. Be it further enacted by the authority Right of aforesaid, That the Board of Directors of said Company Way' shall have full power to select and take, or receive as a do- nation, such strip or strips of land between the points se- lected for said road, and of such width and shape as they 'may deem necessary to the construction of said Railroad, not to exceed one hundred feet on each side of said road; iurca^edofffS and in case the owner or owners of said land and said disagreement. Qompany should disagree in regard for the damages and price of said land, which may be necessary for the purpose aforesaid, it may and shall be lawful for the Company to appoint two disinterested free-holders, and the owner or owners of said land shall also appoint two competent and disinterested free-holders, all ol whom shall be sworn by a judicial officer of this State to do equal justice between the parties, and they shall then proceed to the premises as a committee of arbitration and appraisment, and they shall Award ma>ke their award of valuation of damages in writing, to be wai ' approved and signed by them or a majority of them, which amount the Company shall pay to the owner or owners of Effect of. said land, and the fee simple shall vest in the said Company forever, and the award shall be recorded in the office of the Superior Court in the same manner as deeds. Incase the owner or owners of such strip or strips of land shall refuse to INTERNAL TRAXSPORTAT'N—R. R. Co.'s—1851-'2. 157 Culloden Railroad. appoint on their part referees, then and in that event, the In- ferior Court of the county where the land lies, or a majority of them, shall, upon the application of said Company, ap- point said referees, and in case the committee last afore- said in either way appointed cannot agree upon the amount of damages and valuation, they shall , choose a fifth man who shall be sworn as aforesaid and be added to the com- mittee, and in case either party be dissatisfied with the Appeal> award of the committee of arbitration, they shall have the right of appeal to a special Jury in the county where the land may lie, which appeal shall be tried at the. first term of the Superior Court where the land lies, after said appeal is made and the decision in whichsoever way made by the special Jury shall vest in the said Culloden Railroad Com- pany the land in question, and in the other party a judg- meiit for the value thereof, thus ascertained'and determined, provided that no difference or disagreement between the' said Company and any land-holder or corporation shall' operate by injunction or otherwise to suspend the progress of said work, but the same shall in all cases be continued without interruption on adequate security being given by the Company to the land-holder or corporation, to pay such damages as shall be assessed in manner aforesaid. 140. Sec. X. And be it farther enacted by the authority aforesaid, That the said President and Directors shall fcdfof cause to be kept, fair and regular entries in a book to be kept for that purpose, of all their proceedings. 141. Sec. XI. And be it farther enacted by the authority aforesaid, That the powers, rights, privileges and. immu- Duration of nities herein granted and conferred, shall be and continue charter> in force for and during the term of thirty years, to be com- puted from the passage of this act. 142. Sec. XII. Be it enacted by the authority aforesaid, That the Stockholders of the corporation hereby created, SJte stoSk011" shall have power and authority to contract with the Macon & we/temn & Western Railroad Company touching the union orR'R" amalgamation of the whole or any part of the road herein proposed to be constructed. 158 INTERNAL TRANSPORTAT'N—R. R. Co.'s—1851-'2. The Blue Ridge Railroad TIIE BLUE RIDGE RAILROAD COMPANY. Skc. 143. Incorporated. Sec. 148. Lands, &c. 144. Capital. " 149. Right of Way. 143. Subscription. " 150. Privileges. 146. Organization. " 151. Intrusions. By-laws, Ac. 147. Officers. " 152. Scrip-for Stock. (No. 90.) An act to open and construct a Railroad from the terminus of the North Carolina Railroadat or near the "Locust Stake," on the line, and thence by the most practicable route by way of Clayton, in Rabun county, to intersect the South Carolina Railroad at Anderson Court House. Approved, January 22, 1852. Preamble. Whereas, The State of North Carolina has granted to the upper counties of said State a charter for a Railroad, to commence at the Hiwassee or Cincinnati Railroad, and thence to, the State line of Georgia at or near the Locust Stake, on said line, and whereas, it is very desirable to the upper counties of this State, and also to a great portion of the State of Tennessee and North Carolina, to have a Rail- road communication through that section of the country. 143. Section I. Be it enacted by the Senate and Bouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Route- the same, That for the purpose of opening and construct-, ing a Radroad communication from the terminus of the North Carolina Railroad at or near the Locust Stake on the State line, and thence by the most practicable route by way of Clayton, in Rabun county, to intersect the South Carolina Railroad at Anderson Court House the sub- scribers for the Capital Stock hereinafter mentioned, and incorporated, their assigns, shall be a body politic and corporate by the Name. name and style of " The Blue Ridge Railroad Company," and by said corporate name shall be capable in law to pur- Powers and ckase> accept, hold and convey real and personal estate, Liabilities, make contracts, sue and be suecl, to make by-laws, and to do all lawful acts properly incident to a corporation, and necessary and proper for the construction of the works and Seal_ transaction of the business for which said Company is in- corporated, and to have and use a common seal, and the same to alter and destroy at pleasure. 144. Sec. II. And be it further enacted, That the cap- Capital ital Stock of said Company shall lie One Million of Dollars, $ioo,ooo'ooo divided into shares of One Hundred Dollars, but shall be liable to be increased from time to time, and by such sum or sums as may be deemed expedient "by the majority INTERNAL TRANSPORT'N—RAILROAD CO'S—1851-'52 159 The Blue Ridge Railroad. of tlie Board of Directors of said Company for the time he- ing, Provided, That said Capital Stock shall not be so in- t0 creased as to exceed in the whole the sum of Two Millions $200,000,000 of Dollars, and it is also enacted that the Board of Direc- tors for the time being shall be authorized to prescribe the terms and conditions of subscriptions for such additional Capital Stock as may from time to time be required. 145. Sec. III. And be it further enacted, That for the Books of sub. original Capital Stock of One Million Dollars Books 0fstlipt1011" subscription shall be opened at Clayton, in Babun county, by the following commissioners, who are hereby authorized and made competent to do all acts incident to their said office, to-wit: Samuel Beck, Thomas Kelley, James Bleck- ley, James Stonecipher, and William McKinney, and if any of said commissioners should refuse to act, others in their place shall be appointed by the remaining commis- sioners, and there shall be no more than five commission- ers. Said commissioners at the above named place, at any time, after giving twenty days notice of the day and place in two or more public places in said county, shall open said Book of subscription and recive from individuals, companies or corporations, subscriptions for any number of shares of Stock not exceeding; two hundred shares to amy one indi- Limit upon • in 0 J subscription vidua!, company or corporation, Banking companies ®x-^1d«eStock" cepted; and no subscriptions shall be received and allow- ed unless there shall be paid to the commissioners at the $5.Per share time of subscribing the sun! of five dollars 011 each sharepaid m cash* subscribed, for which the commissioners shall give the subscriber a certificate setting forth the number of shares taken by such subscriber and amount per share paid thereon, and if after ten days the shares are not taken they may be subscribed for without limiting the number of shares, and said Book of subscription shall remain open for sixty days, or longer if necessary, at the discretion of the com- missioners, and when closed on the last day, said commis- sioners shall certify and sign to its being a correct list of said subscriptions, and shall thereupon make out a general list setting forth the names of the subscribers', the number of shares taken by each subscriber, and the sum paid there- on, and if on summing up all the subscriptions the same Organization, shall appear to amount to the. sum of Four Hundred Thousand Dollars, the said Company may be organized and go into operation thereon, and after the organization of the company all future subscriptions for Stock shall be received by the Board of Directors of the Company, and the said companies shall at once proceed to the measures 1G0 INTERNAL TRANS FORT AT'N—RAILROAD Go's— The Blue Ridge Railroad. as hereinafter prescribed, for the organization of the Com- pany. 116. Sec. IV. And he it f urther enacted, That in order Meeting of t° the organization of said Company, so soon as the amount stockholder. 0f subscriptions of Stock shall equal or exceed the sum of Four Ilundred Thousand Dollars, the said commission- ers or any three or more of them, shall give notice thereof in any public Gazette, and in one or more public places in Rabun county, and advertise in such Gazette and public places, a meeting of the Stockholders to be held at Clayton in said county on a day to be specified, at which time and place the Stockholders shall attend in person or by proxies duly con - stjtuted by writing, sealed and attested, and shall proceed Election of to the election by ballot, of nine Directors of said Compa- ny, and in the election of Directors, and in all other matters of said Company in which the votes of Stockholders have to be taken, each Stockholder shall have a number of votes equal to the number of shares of which he is proprietor at the time of voting. At the election of the first Board of Directors the com- missioners, or any three or more of them shall preside and conduct the election and shall make a record of proceed- ings in said election under their hands and seals and sball deliver to each of the Directors chosen a certificate of his election. 147. Sec. V. And he it further enacted, That the Board of Directors shall choose one of their own number as Presi- dent of the Board, whose term of office shall be one year, and the election of Directors shall be held annually ac- cording to such by-laws as may be made for that purpose, and in case of a vacancy occurring in the Board between the stated periods of election, the Directors, or a majority of them, may elect from among the Stockholders a person to fill such vacancy. And said Directors may hold elec- tions for officers at any day, (should it occur that the regu- lar time of electing should pass without such election,) upon giving ten days notice thereof.. And they shall elect secrctYY"01 a Treasurer and Secretary in the same manner, and to serve the same term of time as the President and said Treasurer, shall give bond and satisfactory security in any amount to be stipulated by said Directors. 148. Sec. VI. And he it further enacted, That said Right of way Company shall have power to purchase and hold in fee- Lands, Sic- simple to them and their successors, any lands or tene- merits, or hereditaments, that they may find necessary for the site on and' along which to locate, run, and establish said Railroad; and also to purchase and hold any lands Directors. Votes- President. Vacancy. INTERNAL TRANSPORT'N—RAILROAD GO'S.—1851-'2. 161 Blue Ridge Railroad. contiguous to or in the vicinity of said Railroad, that may he necessary in procuring materials for constructing and repairing said Road, and such as may he necessary for erecting of toll houses, store houses, and other buildings and accommodations that may be necessary and. useful to said Railroad, or the business thereof. And also all rights of way on land, and all necessary privileges on water courses that may lie on or across the route of said Road. And the said Company shall have power to conduct said Railroad across any public road or highway that may be Crossing of on the route of said Railroad ; Provided, The said Com-publlc roa s* pany shall so construct said Railroad across all public roads, as not to injure or obstruct the same. 149. Sso. YII. And he it further *enacted, That in all Proceedings - cases where lands or rights of way cannot be had for want of wSuJIa- of agreement between the parties as to price, or for other ment. cause, the same may be taken at a valuation to be made by three Commissioners, or a majority of them, to be ap- pointed by the Inferior Court of Rabun county ; Provided, That if a Justice cf said Court should be a Stockholder, then the arbitrators shall be one selected by the corpora- tion, one by the party at issue,' and the third by the Inferi- or Court, acting without the said interested Justice, and said Commissioners, before they act, shall severally take an oath before some magistrate of the county, faithfully Ap* and impartially to discharge the duties assigned them, and shall return their proceedings therein under their hands and seals, to the Court, whence the commission issued, there to remain of record, and the lands or rights of way Effect of shall vest in said Company in fee-simple, upon payment oraward- tender of the amount of the valuation. And in case the said Company, or the owners of the soil or right of way, are dissatisfied, an appeal may be taken to the Superior Appeal. Court of Rabun county, and the award of damages travers- ed by a special Jury, and their finding shall be final and conclusive between the parties. 150. Sec. YIII. And he it further enacted, That said Blue Ridge Railroad Company shall have the sole and ex- Exclusive elusive right, of transportation and conveyance of persons,pnvilcees* produce, merchandize, and all other things over and along said Railroad, to be by them constructed, as long as they see fit to exercise said right. And said Company, in the exercise of said right, shall be regarded as common carriers, Common car- and liable as such, and said Company shall be authorizedrlets" to fix by by-laws the charges and rates of transportation and carriage on said Railroad. And said Company are authorized to make all by-laws and regulations touching By-Law?. 11 1C2 INTERNAL TRANSrORT'N—E. R. Co's.—1851-'3. The Blue Ridge Railroad. said Road, and the business thereof, which may be deem- ed expedient; Provided, They make none repugnant to the laws of the land. 151. Sec. IX; And l>e it further enacted, That alltres- intrusions,&opasses anq intrusions on said Road, of an injurious intent Misdemeanor.01" tendency, shall be a misdemeanor, aild on conviction in the Superior Court, shall be punishable by fine or im- Penalty. prisonment in the common J"ail of the county, at the discre- tion of the Court; and that the power of making by-laws, Power of Di. appointing such officers and agents as the business of the me or®. Company may require, and of entering into contracts in its behalf, and controlling generally its affairs, shall be ex- ercised by the President and Directors of said Company; and that said President and Directors, shall be authorized from time to time, to call on the Stockholders for the pay- instalments, ment of such instalments 011 the Shares subscribed, as they may deem necessary and expedient for the prosecution and completion of the aforesaid Railroad, and the works therein connected, until the whole of the Stock subscribed for is paid in. And the Board of Directors shall give ninety days notice in a public gazette, by publication once a month of the amount of the instalments so required to be ^ paid, and time of payment; and a failure by any Stock- holder to pay up any one instalment so required, shall in- Forfeiture of duce a forfeiture of the Share or Shares on which such de- t0°' fault is made, and of all past payments thereon, and the same vest in and belong to said Company, and may be ap- propriated as they shall see fit, to the purposes for which the Company is chartered. 152. Sec. X. And be it further enacted, That said Pre- sident and Directors shall, as soon as may be after the or- scri for ganization of the Company, issue to each subscriber Scrip stock.0* or Certificates of the Stock held by him, and of the amount paid thereon, and the Shares of said Stock held by any Transferable, person, shall be assignable and transferable in law; and the Board of Directors shall and may regulate the mode of issuing certificates, and making transfers of Stock. INTERNAL TRANSPORT'!?—Steamboats, &o.—1851-'2. -163 Steamboats and Canals—General Laws. art. it. steamboats and canals. 1. General Laws. Sec. 153. Injuries to rafts—burden of proof. (No. 91.) An Act to protect rafts and raftsmen from wanton injuries com- mitted by steamboats navigating any of the rivers or waters of the State. Approved, January 17, 1852. 153. Sec. I. Be it enacted by .the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That whenever any raft, navigating any of the ?a. cases of rivers or waters of this State, shall be injured by any col-rai£:byfteam lision with a steamboat, or whenever any person upon said raft shall be injured by such collision, it shall be sufficient owne^of 0 in any action brought on account of such injuries to any ea' raft or person on the same, tor'the Plaintiff to prove the injury complained of, and the damage sustained, and that the same was caused by collision with a steamboat, and the burden of proof shall be upon the owner of the steam- boat, Captain, or other party lawfully sued; to show that the collision and injury were unavoidable, after using all reasonable means and precautions to avoid the same, or that the same was caused by want of proper care in those navigating the raft, without fault upon the part of the steamboat. 164 INTERNA^ TRANSPORT']^—STEAMBOATS, &C.—1851-'2. Tho New York and Savannah Steam Navigation Company. 2. Private Corporations. No. 92. New York and Savannah No. 94. Union Steamboat Co. Steam Navigation Co- '• 95. Magnolia Steam Packet Co. " 93. Sav'h & Ogeecliec Canal Co. NEW YORK AND SAVANNAH STEAM NAVIGATION COMPANY. Sec. 154. Capital increased; ' Sec. 156. Repealing clause. " 155. Dividends; (No. 92.) An Act to alter and amend an Act entitled an Act to incorporate the New York and Savannah Steam Navigation Company. Approved, January 22, 1852. 154. Section I. Be it enacted by the Senate and Bouse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the Directors of the said New York and capital.stock Savannah Steam Navigation Company, or a majority of creased.111- them, he and they are hereby authorized and empowered to increase the Capital Stock of said Company to any Not to exceed amount not exceeding one million of dollars, at such time $1,000,000. an(j *n guck manner as they may think best. 155. Sec. II. And be it further enacted by the autlwrity Dividends, aforesaid, That dividends, out of the net earnings of said Company, may be declared at any time or times when deemed advisable. Repealing 156. Sec. III. And be-ii f urther enacted, That all laws dause. anci parts of laws militating against this Act, be, and the same are hereby, repealed. INTERNAL TRANSPORT'N—Steamboats, t&c.—1851-'2. 165" Savannah and Ogeechee Canal Company—Union Steamboat Company. SAVANNAH AND OGEECHEE CANAL COMPANY. Sec. 157. Extension authorized; Sec. 158. Repealing clause. (No. 93.) An Act to authorize the Savannah and Ogeechee Canal Company to extend the Savannah and Ogeechee Canal to the Altamaha river. Approved, January 22, 1852. 157. Section I. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia in General Assembly met, and it is hereby enacted By the authority of the same, That from and after the passage of this Act, the May be ex.^ said Savannah and Ogeechee Canal Company are author- AalmahV e ized and empowered to extend the Savannah and Ogeecheenver' Canal from its present terminus on the Ogeechee river, to the Altamaha river. 158. Sec. EC. And be it further enacted by the au- thority aforesaid, That all laws and parts of laws milita- Repealing ting against this Act, be, and the same are hereby, re-clause' pealed. . UNION STEAMBOAT COMPANY. Sec. 159. Incorporated; " 160. Capital, $21,500; " 161. Maybe increased; " 162. Privileges ; " 163, Election of officers ; Sec. 164. Directors; " 165. Minutes; Quorum;. " 166. Transfer of Stock; " 167. Report; Dividends. (No. 91.) An Act to incorporate the Union Steamboat Company of Georgia and South Carolina. Approved, November 22, 1851. "Whereas certain individuals have associated for the pur- pose of conducting a Company trade on the Savannah riv- ream e' er, between Savannah and Augusta, Georgia, and Ilam- burg, South Carolina, by steam and other boats^-to ena- ble them advantageously to transact said business* have applied to this General Assembly for an Act of incorpo- ration, and wrhereas similar incorporations heretofore grant- ed, for like purposes, have been useful to the public, 159. Section I. Be it enacted by the Senate and House 166 INTERNAL TRANSPORTS—Steamboats, &c.—1851-'2. Union Steamboat Company. of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of incorporated, the same, That George AY. Garmany, Moses A. Cohen, Jeremiah AY. Stokes, Orlando A. AYood, Joseph J. Clag- horn, and John Cunningham, Jr., trading and doing busi- ness under the name, firm and style of AYood, Claghorn & Co.; Alexander Thomas, Sames Skinner, Andrew Burn- side, Edward J. Jones, and Samuel N. Papot, trading un- Style. der the name, firm and style of Jones & Papot; their as- sociates and successors are hereby made and created a body politic and corporate by law, by the name and style of " The Union Steamboat Company of Georgia and South Carolina," for the purpose of conducting a carrying trade by steam and other boats on the Savannah river, and by Power? and the name and style aforesaid may sue and be sued in all liabilities, Courts of Law and Equity, may have and use a common seal. seal, and make such by-laws for their regulations and gov- By Laws. ernment as they may see proper ; Provided, The same be not inconsistent with the laws of this State orv of the Uni- ted States, and may hold, purchase, receive, retain, enjoy, sell and transfer real and personal property of such de- scription as the ijecessities of the business may require. 160. Sec. II. Be it further enacted by the authority capital $21,. aforesaid, That the Capital Stock of said Company shall 500' consist of two hundred and fifteen shares of one hundred dollars each, which shall be held by the present members of the Company and their assigns, in the respective pro- portions already fixed among themselves, and for which Certificates, the proper officers of said Company shall issue certificates in the manner provided for in their by-laws. . 161. Sec. III. And be it further enacted by the authori- May be in- ty aforesaid,\ That by a vote of two thirds of the holders $mooo!° °f the whole Capital Stock, at any meeting regularly call- ed for the purpose, the Stock of said Company may be in- creased from time to time by the creation of new Stock of one hundred dollars per share, as said Stockholders may find it expedient; Provided,, That the whole amount of Capital Stock shall never exceed one hundred thousand dollars. privileges of 162. Sec. IY. And be it f urther enacted, That said navigation, Company shall be authorized, by steamboats of any de- scription, and by other boats and vessels, as they may find it convenient, to navigate for the transportation of freight or passengers, or both, any of the waters of Georgia, in common with other Companies or private individuals. election of 163. Sec. Y. And be it further enacted, That there officers, shall pe an eiection held annually on the second Tuesday INTERNAL THANSPORT'N—Steamboats &c.—1851-'2. 167 Union Steamboat Company. in July, by tlie Stockholders, for a President and four Di- rectors, who shall constitute a Board of Directors; each Stockholder shall be entitled to one vote for each share of Stock he holds, and any Stockholder may, by written au- thority, empower any# other Stockholder to vote in any election as his proxy. Should the election, from any cause, not be holden on the appointed day, it may be holden on any subsequent day, on fifteen days public notice being fiven in one or more of the Gazettes of Savannah and [amburg. 161. Sec. YI. And be it further enactedj That the chief Directors, management and control of the affairs of the Company shall be vested, till otherwise ordered by the Stockholders, in the Board of Directors, (the President of the Compa- ny being a member of the Board ex officio,) who may ap- point all officers, and regulate their duties and compensa- 0therofficers, tion, as to them, may seem expedient for the interest of the Company. . 165. Sec. YII. The Directors of the Company shall Meeting of meet twice a year or oftener, and cause regular minutes of Minute?.' the proceedings to be entered in a book kept for that pur- pose. Not less than a majority of the Board shall consti- tute a quorum for business. Quorum. 166. Sec. YIII. And he it further enacted, That the Transfer of Stock of the Company may be transferred in the books of5 00' the Company, and in no other manner whatever, by the Stockholders or their legal representatives, in such manner as the regulations of the Board of Directors may point out. 167. Sec. IX. The Directors shall, on the second Tues-Treasurer's day in January and July of each year, submit to the Stockholders a written statement under oath or affirmation of the Treasurer of the Company, setting forth the general assets of the Company, and the amount of all their exist- ing debts up to the thirtieth of June and thirty-first of December, and make such dividend to the Stockholders Dividends.' from the profits of their business, as to them may seem ex- pedient; Provided, That they shall, in no case, encroach upon the capital of said Company to make any dividend whatever. 168 INTERNAL TRANSPORTS—Steamboats, Ac.—1851-'2. Magnolia Steam Packet Company. magnolia steam packet company. » 169. Capital. Sec. 173. Powers. " 174. Meetings of Board. " 175. Transfer of Stock. " 176. dividends. " 170. May be increased. (No. 95.) An Act to incorporate the Magnolia Steam Packet Company. Ap- proved, December 25th, 1851. "Whereas certain individuals have associated for the pur- pose of conducting a company trade between Savannah, Georgia, and Palatka, Florida, by steam and other boats, to enable them advantageously to transact said business, have applied to this General Assembly for an Act of incor- poration. And 'whereas similar incorporations heretofore granted for like purposes have been useful to the public. 168'. Section I. Me it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it ts hereby enacted by the authority of the same, That M. A. Cohen, Jacob Waldburg, T. M. Turner, John W. Anderson, E. II. Cohen, Samuel Solomons, II. A. Crane, Orlando A. Wood, Joseph S. Claghorn, and John Cunningham, Jr., trading and doing business under the name, firm, and style, of Wood, Claghorn A Co.; P. L. Wade, Joseph George, Jr., C. A. Greiner, J. W. Nevitt, Charles Hamilton, John Bessent, Hiram Roberts, of Geor- gia; A. H. Cole, of Florida; George T. Rodman, of New York; their associates and successors, are hereby made incorporated, and created a body politic and corporate by law, by the style. name and style of the Magnolia Steam Packet Company, for the purpose of conducting a carrying trade by steam and other boats, between Savannah, Georgia, and Palatka, Florida, and by the name and style aforesaid, may sue Powers and ~ 1 1 11 ' 1 ded, in any Court of Law tjahilitma. .... _ . __ "1 _ _ ^ "1 _ By-Laws. suc^ by-laws For their regulations and government, as they may see proper; Provided, The same be not inconsistent with the laws of this State, or of the United States ; and may hold, purchase, receive, retain, enjoy, sell and trans- fer real and personal property of such description, as the necessity of the business may require. 169. Sec. II. Be it enacted by the authority aforesaid, •Capital That the Capital Stock of . said Company shall consist of Two Hundred and Ninety Shares of One Hundred Dollars each, which shall be held by the present members of the common seal, and make IHTERHAL TRAHSPOET'H—Steamboats, &c.—1851-'2. 169 Magnolia Steam Packet Company. Company, and their assigns, in the respective propositions already fixed among themselves, and for which the proper officer of said Company shall issue certificates in the man- Certificates, ner provided for in tLeir by-laws. 170. Sec. III. Be it enacted, That by a vote of two- thirds of the holders of the wThole Capital Stock, at any meeting regularly called for the purpose, the Stock of said Company may be increased from time to time by the crea- Mwjbe m- tion of new Stock, of One Hundred Hollars per Share, as S6$100,000. said Stockholders may find it expedient; Provided, That the whole amount of Capital Stock shall never exceed one hundred thousand dollars. 171. Sec. IY. Be it enacted, That the said Company shall be authorized, by steamboats of any description, and by other boats or vessels, as they may find it convenient to navigate for the transportation of freight or passengers, or both, any of the waters of Georgia, in common with other companies or private individuals. 172. Sec. Y. Be it enacted, There shall be an election held annually on the first Monday in January, by the Stockholders, for a President and four Directors, who shall te^>w,and constitute a Board of Directors, each Stockholder shall be entitled to one vote for each Share of Stock he holds, and Vote8< any Stockholder may, by written authority, empower any other Stockholder to vote in any election as his proxy. proxy. Should the election, from any cause, not be holden on the appointed day, it may be holden on any subsequent day, on fifteen days public notice being given in one or more of Elections, the gazettes of Savannah. 173. Sec. YI. Be it enacted, The chief management and control of the afi'airs of the Company shall be vested ^tion.ofDi" (till otherwise ordered by the Stockholders) in the Board of Directors—the President of the Company being a mem- ber of the Board ex officio—who may appoint all officers, officers, and regulate their duties and compensation, as to them may seem expedient for. the interest of the Company. 174. Sec. YII. Be it enacted, The Directors of the Com- pany shall meet twice a year or oftener, and cause regular Meetings of minutes of the proceedings to be entered in a book keptDlleCl019* for that purpose. Hot less than a majority of the Board shall constitute a quorum for the transaction of business, auorum. 175. Sec. YIII. Be it enacted, That the Stock of the Company may be transferred on the books of the Company, Transfers of and in no other manner whatever by their Stockholders,Stock* 01* their legal representatives, in such maimer as the regu- lations of the Board of Directors may point out. 170 INTERNAL TRANSPORTS"—t. & p. r. co's.—1851-'2. Turnpikes and Plank Roads. 176. Sec. IX". Beit enacted, That the Directors shall, Treasurer on the first Monday in July of each year, submit to the Stockholders a written statement, under oath or affirma- tion of the Treasurer of the Company, setting forth the gen- eral assets of the Company, and the amount of all their existing debts, and make such dividends to the Stockhold- Dividends. er8j from the profits of the business, as to them may seem expedient; Provided, That they shall in no case encroach upon the capital of said Company, to make any dividend whatever. Art. in. TURNPIKES AND PLANK ROADS. 1. General Laws. Sec. 177. Evasion of Tolls, Penalty. Sec. 178. Repealing clause. ( No. 96.) An Act to prevent evading the payment of tolls on Plank Roads in the State of Georgia. Approved, Januray 22d, 1852. 177. Be it enacted Toy the Senate and House of Repve- sentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, uyy [aijuretoe That if auy owner, carrier or other person in charge of any beevehicle, live stock, or other thing or things, shall pass by any toll gate or other place appointed for taking tolls on any Plank Road in the State of Georgia without paying to said Plank Road Companies the tolls due to said Compa- nies established by authority of law, that in every such case the person or persons so offending shall forfeit and pay «ieutttach" to such Plank Road Company triple the usual tolls, which may be collected by the President of said Company or any one authorizdd to collect tolls, by attaching the property of such person or persons before any Court having jurisdic- Replevy, tion of the same, Provided, That the defendant, or defen- dants shall have the right to replevy said property, and make special defence under the same regulations as is usual in attachments cases in "this State, proviso. Provided, There is some one at the toll gates to receive the tolls. 178. Be it enacted, That all laws and parts of laws mili- tating against this act be and the same are hereby repealed. As to the rights of Plauk Road Companies to appropriate a public Highway See IX Ga. 175. INTERNAL TRANSPORTS—T. &P.R. Co's.—1851-'2. 171 Turnpikes and Plauk Roads. 2. Private Corporations. No. 97. Macon, Perry & Albany P. R. No. 99 Henderson & Marthasville T. & Company. P. R. Company. " 98. Columbus & Greenville P. R. " 100. Ogeecliee P. R. Company. &c. " 101. Satilla P. R. Company. " " Columbus & Lannahassee P. " 102. Dade county T. P. Company. R. &c. " 103. Savannah and Albany R. R. '• " Atlanta and Sweetwater P. R. Company. &c. " 104. Oglethorpe Bridge T. Co. the macon, perry and albany plank road company. Sec. 179. Incorporated; Sec. 181. Organization ; " 180. Route;] " 182. Farther provisions. (No. 97.) An act to incorporate the Macon, Perry and Albany Plank Road Company, and to confer certain powers and privileges. Ap- proved January 22, 1852. 179. Section I. It is hereby enacted by the General As- incorporated. sembly of the State of Georgia, That the Mayor and City Council of the City of Macon, Joseph Bond, R. A. L. At- kinson, Samuel Felder, John Felder, "William Brown, Jas. Kendrick, W. M. Davis, W. T. Swift* C. West, J. Laidler Sen'r. N. W. Collier, W. W. Cheever, David A. Yason, R. Q. Dickson, Nelson Tift and Lott Warren, are hereby made a body politic and corporate, under the name of ame' the Macon, Perry and Albany Blank Road Company, with pr^ie^ all the usual or necessary powers and privileges for carry- ing'into effect the objects of the incorporation, which are not contrary to the constitution and laws of this State. Route 180.- Sec. II. The said Company is hereby authorized to ou 5 construct a Plank Road from the City of Macon, through or near Perry, to or near Henderson, and from thence, in as nearly a direct line as practicable, to Albany, in Baker county, crossing the Flint river by a Bridge at any point within the county of Dooly, which said Company, may deem best. 181. Sec. III. The persons incorporated under this act, organization' or a majority of them, may proceed to organize their RirJtoiS Company by electing not less than seven Directors, who 0 ' shall be charged with the management of the affairs and By-laws, business of the Company, and whose powers and duties and term of service shall be prescribed in the articles of Asso- ciation or by-laws of said Company. 182. Sec. lY. The fifth, sixth, seventh, eighth, ninth, vision!!P tenth, eleventh and twelfth sections of an act to authorize the 172 INTERNAL TRANSPORTS—'t. &. r. r. co's.—1851-'2. Columbus and Greenville Plank Road and Turnpike Company. incorporation of Joint Stock Companies for the construction of Macadamized, Graded or Plank Roads, approved Feb- ruary 23, 1850* are hereby added to and made a part of the Charter of the Macon, Perry and Albany Plank Road Company. the columbus and greenville P. & T. r. co. the columbus and lannahassee P. & t. e. co. the atlanta and sweet water P. & t. r. co. Sec. 183. Col. & Green. P. &. T. R. Co. "■ 184. Capital—Subscription. " 185. Shares—Votes. '• 186. Organization. " 187. Power and Privileges. " 188. Title to Road, &c. " 189. Obstructions to, &c. Sec. 190. Tolls, &c. 101. Col. &Lann. P. &T. R. Co. 192. Atl. & S. W. P. &. T. R. Co. 193. Their power and privileges. 194. Duration of Charters. 195. Time of construction & comp. 196. Repealing clause. (No. 98.) An Act to incorporate the Columbus and Greenville Plank Poad and Turnpike Company, and the Columbus and Lannahassee Plank and Turnpike Road Company, and the Atlanta and Sweet Water Plank and Turnpike Road Company, and for other ~purposes therein mentioned. Approved, January 22, 1852. 183. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- senibly met, and it is hereby enacted by the authority of the same fTh&t Hampton S. Smith, John Ranks, Seaborn Jones, R. J. Moses, Randolph L. Mott, John L. Mustain, George "W. Winter, John C. Reese, John A. Deblois, or a majority incorporated. them and their successors and assigns, are hereby de- ' clared and constituted a body corporate, by the name and style of the Columbus and Greenville Plank and Turnpike Road Company, for the purpose of constructing a Plank and Turnpike Road from the city of Columbus towards Greenville, in Meriwether county, and towards Talbotton, in Talbot county, together with such extensions, branches and bridges, as they may find expedient or necessary, and by that name and style may sue and be sued, plead and be impleaded, answer and be answered, in any Court of Law or Equity in the State of Georgia, or the United States, and may have and use a common seal, and the same alter and amend at pleasure, and may have and hold real and Style, Route. Tor this Act see New Digest 431- INTERNAL TBANSPOBT'N—t. & p. b. co's.—1851-'2. 173 Columbus and Greenville Plank Road and Turnpike Company. personal property necessary to carry on tlieir business ad- vantageously, with full power to transfer or convey the# same. 181. Sec. II. That the Capital Stock of said Company capital, shall not exceed One Hundred and Fifty Thousand Doi- lars, and that subscriptions to the same shall be regulated by the said persons herein before named, or a majority of them and their associates, as to the number of Shares, the times, places, manner and mode of subscription, the amount Sub3Cription> to be paid in, and the times when the same shall be paid, and the mode of payment, with full power to declare for- feitures under certain rules to be before prescribed, when Stockholders fail to comply, and to do all things necessary to ensure the prompt payment of the several instalments CoUection of of Stock when required; Provided, That any regulation iMtaSnaIts? thus adopted shall be uniform as to all subscribers, and Provided also, That should any Stockholder fail to pay his subscription, according to the regulations of said corpo- ration, the said corporation shall have power, on giving ten days notice to such defaulting Stockholders, to move for and obtain payment in either the Superior or County Court of the county in which such Stockholder may reside, for the amount he may be in default, with five per cent, there- on for damages, and also the costs of suit. 185. Sec. ni. That the Capital Stock of said Company shall be divided into Shares of One Hundred Dollars each,Shares- to ■ be assignable and transferable on the books of said Company, and on all questions arising at business meet- ings, each Stockholder shall be entitled to one' vote for votes, each Share he. may own, until the same shall reach one hundred votes; Provided.\ That the Shares of Stock held by each Stockholder shall be registered on the Stock book of said Company, which shall at all times be open to the inspection of Stockholders. 186. Sec. IY. That as .soon as fifty thousand dollars sball be subscribed, the said corporation shall proceed to Organization. organize by calling together the Stockholders, and electing five Directors, one of whom shall be appointed President by the said Board of Directors, which Directors shall be Director. chosen annually at such time and place as the Directors may determine upon; Provided\ That the Directors for the time being shall serve until their successors are elected, and they or a majority of them shall form a quorum for the transaction of business, and shall have power to make all such by-laws and ordinances as to them may appear need-By-LaW3-' ful touching the management of the Road to be construct- ed, the effects of the said corporation, and all such matters 171 INTERNAL TRANSPORTS—p. & t. r. eo's.—1851-'2. Columbus and Greenville Plank Road and Turnpike Company. as may appertain to tlie same, not inconsistent with the .Constitution and Laws of the State of Georgia; and they o^e-nd shall haye power to employ such officers, agents, and la- borers, as they may deem necessary for the transaction of the business of the corporation, and to displace, remove, or discharge such officers, agents or servants, at pleasure. 187. Sec. Y. That it shall or may be lawful for said powers and corPorati°n to construct and make a Plank and Turnpike Privileges? Road, from the city of Columbus, towards the town of Greenville, in Meriwether county, together with such branches as may be deemed expedient, on such convenient route as said corporation may select; Provided, No public road.of pnblioroad now in use shall be thereby obstructed, without first obtaining the consent of the Inferior Court of the county where such obstructions may be contemplated; And pro- vided further, That in the event said corporation shall not Rightofway.be able to obtain "the right of way from the owner or own- ers of land through which the said Road may pass, such compensation shall be paid to the owner or owners of the land through which the same may pass, as may be assessed by a Jury, upon a writ of ad quad damnum to be sued out and tried in the mode prescribed by the fourth section of an Act entitled an Act to incorporate the Muscogee Railroad Company, and to punish persons for violating the provisions of the same, passed and approved on the twen- ty-seventh day of December, in the year eighteen hundred and forty-five, and said section is hereby adopted as part . of this Act, as fully as though the same were herein in- serted. lSB. Sec.YI. And be it further enacted, That all lands, Title to Road rights and property acquired by said Company, with said Road when completed, and all profits which may accrue therefrom, shall be vested in the respective shareholders, their heirs, legal representatives or assigns, forever, in pro- portion to their#respective Shares. 189. Sec? YII. And he it further enacted, That in case obstructions any person shall wilfully injure or obstruct the said Road, iawMdu?e"ofOr use the same and refuse to pay the tolls prescribed in EoaU' pursuance of the powers .hereby vested in said corporation, whereby the said Company shall sustain-any loss or dam- age, he shall forfeit and pay to the said Company the Penalty. amount of all damages which they may sustain in conse- quence thereof, to be sued for and recovered in the same manner as is provided for by law, for individuals in like cases, and shall be further subject to indictment, and pun- ished by fine or imprisonment, or both, at the discretion of the Judge trying the offence. 175 INTERNAL TRANSPORT'N—t. & p. r. go's.—1851-'2. Columbus and Lannahassee P. and T. R. Company. 190. Sec. YIII. That said Company shall have P°w®rTolls of demanding and exacting tolls for transportion or travel. of persons or property, provided that a tariff of tolls shall he annually established and published on each toll gate upon said Road for the intormation of the public, and shall not be in any manner increased.until the next annual meet- ing unless thirty days previous notice shall be publicly given at the places and in the manner before stated, of such contemplated change. 191. Sec. IN. And be it further enacted, That John coiumbns Woolfolk, Grigsby E. Thomas, Raphael J. Moses, George Skabas" W. Winter, Charles Claghorn, John Banks, Seaborn Jones, TnmSe or a majority of them, their successors and assigns beCompaay' and they are hereby declared a body politic under the name incorporated, and style of the Columbus and Lannahassee Plank Road, St>'Ie' and Turnpike Company, with the privilege of making and constructing a Plank and Turnpike Road towards Lanna- Route, hassee and Lumpkin, in Stewart county, with the privilege of extending the same to such point as may be deemed ex- pedient in Sumter county, together with such extensions, branches and bridges as may be deemed expedient or ne- cessary by said Company. 192. Sec. X. And he it further enacted,\ That Richard Peters,R. A.Williams and Alex. W.Mitchell, of the county sw!etwaa£r of DeKalb, and James Rogers of the county of Campbell andVimpike or a majority of them and their successors and assigns be,RoadCt>s and the same are hereby declared and constituted a body Incorporated» corporate and politic, under the name aud style of the '' At- lanta and Sweetwater Plank and Turnpike Road Com pa- ny," for the purpose of constructing a Plank and Turnpike Road or either from the city of "Atlanta by the Sweetwa-Style' ter Factory, in Campbell county, with the privilege of ex- Routej tending the same by Villa Rica or Carrolltonto the Ala- bama line, at such point on such line as may be deemed expedient, together with such extensions, branches and bridges as may be deemed expedient by said Company. 193. Sec. XI. Be it further enacted, That 'the said Powersand Companies in the ninth and tenth Sections named, shall be subject to all the rulesy regulations and restrictions, andpaheJ,0 om" shall be, and are hereby vested with all the rights, privil- eges, immunities, benefits and advantages which are stipu- lated, conferred, granted and conveyed to the Columbus aud Greenville Plank and Turnpike Road Company with a Capital Stock not to exceed One Hundred and Fifty Thous- and Dollars. 194. Sec. Xlf. Beit further enacted, That the afore-option°f said acts of incorporation in this bill mentioned shall re- ai a* 170 INTERNAL TRANSPORT'N.—Railroad CVS.—1851-'2. Henderson and Martliasville Plank lioad and Turnpike Company. * main in force for and during tliirty years and no longer. 195. Sec. XIII. Be it further cnaoted, That the said Time of com- Roads shall be commenced within one year, and completed muicompie- in seven years from the passage of this act, or the above act tlon> of incorporation shall be forfeited, provided that the failure to commence and complete one of the above Roads shall not take effect, the incorporation of the other complying with the conditions of this act of incorporation. 186. Sec. XIY. Beit further enacted, That all laws and Jwa,lhlR parts of laws militating against this act be, and the same is hereby repealed. henderson .and marthasville turnpike & plank road co. Sec. 197. Incorporated; " 198. Capital; shares; " 199. Directors, Ac.; " 200. Route, &c.; " 201. Time of construction ; " 202. Plight of way; " 203. Tolls and Toll Gates ; Sec. 204. Exclusive Privileges ; •' 205. By-Laws, officers ; " 206. Payment for Stock; " 207. Extension to Hawkins ville; 208. Injuries, Payment of Tolls; " 209. Using Public Roads. (No. 99.) An Act to incorporate the Henderson and Marthasville Railroad and Turnpike Company. Approved, January 22, *1852. 197. Section I. Be ie 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 incorporated, the same, That John R. Cook, John A. Hunter, Virgil Powers and P. P. IJolcomb, of Macon county, and Jones Kendrick, J. T. Coleman, £T. G. Lewis and William West, of Houston county, and Charles Thomson, of Bibb county, together with all persons who shall become Stockholders pursuant to the provisions of this Act, shall be and they are hereby constituted a body politic and corporate by the style, name and style of the Henderson and Marthasville Plank Road and Turnpike Company, for the term of thirty years cbane'V0 from and after the passing of this Act. capital, 19§. Sec. II. And be it f urther enacted,j That the Cap- ital Stock of said Company shall be thirty thousand dol- Shares, lars which shall be divided into fifty dollars each. Directors, 199. Sec. III. Aiid.be it further enacted,j That the bu- siness of said Corporation shall be managed by a Board INTERNAL TRAKSPORT'H.—p. e. & t. co's.—1851~'2. 177 Henderson and Marthasville Plank Road and Turnpike Company. of Directors to consist of tliree or more, as may be ap- pointed by the Stockholders, to be chosen from among themselves; each Stockholder to be entitled to one vote for each and every share of Stock owned by such Stock- holders, which vote may be given in person or by proxy, duly appointed in writing; that whenever the sum of fif- teen thousand dollars shall have been subscribed for of such °° 10 et9' Capital Stock, it shall be the duty of the persons named in the first section of this Act, giving twenty days notice, to call a meeting of the Stockholders at some suitable place, for the purpose of choosing Directors of said corpo- • ration, and the persons chosen at said meeting shall hold Annnai their offices until others are elected in their stead, and in meetina- every succeeding year the Directors shall be elected by said Stockholders on the first Monday in January. 200. Sec. IY. And Be it f urther enacted.\ That the cor- Eoute> poration hereby created is authorized to construct a Plank Road or Turnpike Road, or portions thereof of either de- scription, from Henderson, in Houston county, to Marthas- ville, on the South Western Railroad, in Macon county; and where constructed of timber and plank, shall be eight Description of feet wide, but the particular manner of building said roadroad" shall be in all other respects determined by the Directors of said corporation. 201. Sec. Y. And be it further enacted, That said Cor-time/or con- poration shall, within three years from the passing of this roTd.tlon ot Act, construct one-half of said road and complete the same within five'years, and on failure to complete the same within five years, then and in that case said corporation shall be deemed and considered as dissolved, and its rights Penalty, hereby granted wholly cease. 202. Sec. YI. And be it further enacted, That where disagreement the proper agent of said corporation, and any landholders way.risht°r through whose lands the said Plank and Turnpike Road may pass, cannot agree upon the amount of injury, the same may be taken at a valuation to be made by three ap-Mode of set- praisers, one of whom shall be appointed by the Judge oftlemeut- the Superior Court of the county wherein the land may be located, one by said corporation, and one by the owner of the land ; but if such owner shall fail to appoint an ap- praiser, then the Judge of the Superior Court shall appoint two, and the corporation one appraiser, all of which ap- praisers shall be disinterested freeholders of the county wherein the land is located, and shall, before they act, sev- erall'y take an oath before some Justice of the Peace, faith-0ath ofap. fully and impartially to discharge the duties assigned topraiseB* them; the award of whom, in writing, which shall be re- 178 INTERNAL TRANSPORTS—P. R. & T. CQ'S,—1851~'2. Henderson and Marthnsville Plank Road and Turnpike Company. turned within twenty days to the Superior Court of the county, and be recorded in the Clerk's office of said court, Effect of shall operate as a judgment for the amount against the aw ' Company, and shall be enforced by an execution from the Superior Court; but either party shall have the right of ap- Appeal. • peal, to be tried by a special jury at the next term there- after of the Superior Court of, said county, and the deci- sion shall vest in said company the fee simple of the land in question, and in the other party a judgment for its yal- ue thus ascertained, which may be confirmed by the ordi- Proviso. nary process of said Court; Provided, nothing herein con- tained shall authorize the taking, under the award of the appraisers, more than one hundred feet in width of said Privilege of land; Provided, further, That said corporation, may, at abandon the any time within twenty days after the rendition of final route- judgment, where possession of the land has. not been ta- ken, abandon the right to the property condemned by filing a notice to that effect in the office of the Clerk of said Court, in which case the judgment shall be void, except as to costs ; and Provided, also, that the progress of said road No injunction ghall not be interrupted or stopped by injunction, or other- wise, on adequate security being given tor payment of the damage when so ascertained. 203. Sec. VII. And be it further enacted by the au- Toils and Toii thority aforesoid, That whenever any three continuous Gates. miles of said road shall be completed, it shall be lawful for said corporation to erect a Toll Gate thereon, and ap- point a Toll Collector for the same, and to erect other Toll Gates in like manner as said road progresses, at the die- cretion of the Directors and the said corporation, and Toll Collectors may demand and receive such rates of Toll as the Board of Directors may determine as reasonable and proper. 201. Sec. VIII. And he it further enacted, That the Exclusive exclusive right to make and keep up and use a Plank Road privileges, or p]anp and Turnpike Road, or branches of said road, from Henderson to the Southern Railroad, shall be vested in said corporation for and during the term of ten years from the passage of this Act, excepting nevertheless, from this provision, any Plank or Turnpike Road authorized by the State of Georgia, proceeding from Henderson through Perry and thence joining the South-Western Railroad. By-Laws and 205. Sec. IX. And be it further enacted, That the pow- officers. er 0f making by-laws, and appointing officers, agents and servants, as the business of the corporation may require, and of controlling generally its affairs, and of entering in- INTERNAL TRANSPORT'N—r. E. & T. CO'S.—18Bl-'2. 119 Henderson and Marthasville Plank Road and Turnpike Company. to contracts in its behalf, shall be exercised by the Presi- dent and Directors. 206. Sec. X. And he it further' enacted.j That the payments for Directors aforesaid shall have power to enforce payments forced1!™ en" for stock subscribed, in the same manner as other debts are collected, in any Court having competent jurisdiction of the amount due-by any Stockholder, or the failure to pay ori the part of any Stockholder any instalment or in- stalments called in by the Board of Directors, may induce a forfeiture of said Stock and all payments made thereon, at the option of the Board of Directors of said Company. 207. Sec. XI. And he it further enacted.\ That said Extension ai- Plank or Turnpike Road may, at the option of said Com- Hawkinsviiie. pany, be extended to Hawkinsviiie, or to any intermedi- ate point on the most eligible route from Henderson to Hawkinsviiie, when an amount erf stock sufficient for that purpose shall have been subscribed, for which purpose the Capital Stock may be increased to Seventy-Five Thousand Dollars, said extension to be subject to all restrictions and liabilities, and to have all privileges and powers in every respect, as are conferred by the preceding sections of this Act. 208. Sec. XII. And he it further enacted.j That any injune^to person that shall wilfully injure, break or throw down any ifunkhe™ gate which shall have been erected, on said road pursuant to the provisions of this Act, or dig up or wilfully injure or spoil any part of said road, or anything thereunto be- longing, or forcibly or fraudulently pass any such gate without payment of the toll, or shall, with his team, car- Non-payment riage or sled, or other vehicle or animal, turn out of saidof to11, road and pass any gate thereon, and again enter on such road, shall, for any such offence forfeit to said corporation a sum not less than ten dollars in addition to thq damages of such wrongful act, which penalties may be recovered by said corporation in an action of debt in any Court hav- ing cognizance thereof. 209. Sec. XIII. Ancl he it further enacted hy the au- crossing of thority aforesaid, That if it becomes ^necessary for saidpubho road' Plank Road to cross any public road, or take along any public road, the said Plank Road Company shall, at their own expense, make a good and sufficient crossing place where the public road is crossed, and clear out a good and sufficient road by the side of said Plank Road in all cases where any public road is taken by said Company, and on using of pub. their falling to comply with the provisions of this section,hcioad' the said Plank Road Company shall be subject to the same 180 INTERNAL TRANSPORT'N—plank roAd co's.—1851-2. Ogeechee Plauk Road Company. pains and penalties as now inflicted by the laws of this State upon persons obstructing public highways. OGEECHEE PLANIv ROAD COMPANY. Sec. 210. Incorporated. " 211. Capital, subscription, " 212. Shares. " 213. Organization, " 214. Privileges. Sec. 215. Title to Road, Ac. " 216. Injuries to Road. " 217. Tolls and Toll Gates. " 218. Individual liability. " 219. Repealing clause. (No. 100.) An act to incorporate " The Ogeechee Plank Road Companyand for other purposes therein named. Approved Jan. 22, 1852. 210. Section I. 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 sam.e, That Anthony Porter, Jas. P. Scriven, John incorporated, TV\ Anderson, Langdon Cheves, Charles A. L. Lamar, Car- rol A. Cloud, Edward C. Anderson, Michael Pendergrast, or a majority of them, their successors and assigns are hereby declared and constituted a body corporate by the name style, and style of the " Ogeechee Plank Road Company," for the purpose of constructing a Plank Road from the City Route Savannah, in Chatham county, on or over the Ogee- °ue' chee road or highway leading from the city of Savannah to the Ogeechee river, at what was formerly known as Hill's, no\y King's bridge, said road to commence at the Southern limits of the said city of Savannah, and to extend to the seven mile post on said Ogeechee highway, or to such intermediate point between the said seven mile post and the eight mile post on said highway, as the said Com- pany may find expedient and necessary, the longitudinal bearings and the plank which are to be secured to them to rower? and be laid upon the bed of said Ogeechee road or highway, Liabilities, anq by that name and style may sue and be sued, plead and be impleaded, answer and be answered in any Court of law and equity of the State of Georgia or of the United States,' and may have and use a common seal and the same to alter and amend at pleasure, and may have and hold re^l and personal property necessary to carry on their busi- ness advantageously, with full power to transfer and con- INTERNAL TRANSPORT'N—PLANK ROAD CO'S.—1851->2. 181 Ggeechee Plank Road Company. vey the same, provided that before this charter shall go into ftdoTcouS" effect and have operation so far as to lay the said Plank Road on and over the bed of the said Ogeechee road or highway, the said Company shall first obtain the assent and approval of the Inferior Court of Chatham county, and of the Commissioners of Roads of said connty. 211! Sec. II. And be it further enacted, That the Cap- ital Stock of said Company shall not exceed Fifty Thou-Capita1' sand Dollars, ($50,000) and that the subscriptions to the same shall be regulated by the persons hereinbefore named, or a majority of them and their associates, as to the number of shares, the times,, places, manner and mode of subscrip- Subscriptions tions, Ihe amount to be paid in, with the time or times when the remaining portions shall be paid, and the mode.JeX?3 of payment, with full power to declare forfeitures, (under certain rules to be before prescribed,) when Stockholders fail to comply, and to do all things necessary to insure the prompt payment of the several instalments of Stock when required, Provided, That such regulations thus adopted shall be general and operate on all subscribers alike. 212. Sec. III. Andbeit further enacted, That the Cap- ital Stock of said corporation shall be'divided into shares ofS!aves' One Hundred Dollars each, to be assignable and transfera- Transfers ble according to such regulations as said corporation may adopt, and on all questions arising at business meetings, each Stockholder shall be entitled to one vote for each share he may own, Provided, That the subscriptions for StockVotes- shall be registered in a book to be provided by said cor- poration, which shall at all times be opened to the inspec- tion of Stockholders. 213. Sec. IY. And be it further enacted, That said Company shall not be considered as organized until Stock Orgamzatlon> to the amount of Twenty Thousand Dollars shall be sub- scribed, after which the Stockholders shall elect five or more Directors' Directors to manage the property, business and affairs of said corporation, one of whom shall be appointed President President, by the other Directors, which Directors shall be chosen an- nually at such time and place as the Directors may deter- mine upon, Provided, That the Directors for the time be- irig shall serve until their successors are elected, and they or a majority of them shall form a quorum for the transac- aAorum, tion of business, and shall have power to make all such by- By-Laws, laws, rules and ordinances as to them may appear fit and needful touching the management of the road to be con- structed, and effects of the corporation, and all such matters as may appertain to the same, not inconsistent with the constitution and laws of the State of Georgia, and they 182 INTERNAL TRANSPORTS—plank road co's.—18 51-'2. Ogeecliee Plank Roads Company. officers, shall have power to employ such officers, agents and labor- ers as they may deem necessary for the transaction of the business of the corporation, and to displace, remove and discharge such officers, agents or servants at pleasure, privilege of 214.Sec. Y. And he it further enacted, That it shall and infgeRoadnut* may be lawful for said corporation to construct and make a Plank Road from the city of Savannah, commencing at the southern limits of the said city to the seven mile post, or some intermediate point, as they Imay decide, between the seven mile post and eight mile post, on and over the bed of the Ogeechee road or highway, leading from said city to formerly-Hill's, now King's bridge, at the Ogeechee river, upon obtaining the consent and approval of the Inferior . Court of Chatham county, and of the Board of Commission- ers of Public Roads for said county. 215. Sec. YI. And be it further enacted, That all laws, Title to Road rj'g^s and property acquired by said Company, with said &c. Road, when completed, and all profits which may accrue therefrom shall be invested in the respective Stockholders, their heirs, legal representatives or assigns forever, in pro- portion to their respective shares. 216. Sec. YII. And he it further enacted, That in case injuries to any person shall wilfully injure or obstruct the said road Road' whereby said Company shall sustain any loss, he shall for- feit and pay to said Company the amount of all damages which they may sustain in consequence thereof, to be sued Penalty, for and recovered by action in any Court having jurisdic- tion thereof, in the same manner as is provided by law for individuals in like cases and shall be further subject to in- dictment, and upon conviction to be punished by fine or imprisonment or both at the discretion of the Court. 217. Sec. YIII. And he it further enacted, That the said Toil?, Company are invested with the right and power of exacting and demanding such tolls for persons or property passing over and upon said road as they may require and from time to time fix and establish, Provided, That such rates of toll shall not pay a dividend of more than fifteen per cent per annum on the'cost of construction and over and above the repairs of said Road after the payment of incidental ex- penses, and that for the purpose of collecting said tolls said Toil Gates, Company shall have power to erect such number of toll gates upon said road and at such places as they may deem and judge best and most convenient, individual ^EC- he it further enacted, That the sHiiober» Stockholders of said Company may be made liable for the debts of said Company to the amount of Stock by them re- spectively taken or owned, but for no greater amount. INTERNAL TRANSPORTS—plank road go's.—1851-'2/ 183 Satilla Plank Road Company. 219. Sec. X. And be it further enacted, That all laws, 3liSins and parts of laws militating with or against this Act he, and the same are hereby repealed. satilla plank road company. Sec. 220. Incorporated. " 221. Privileges. " 222. Capital. " 223. Right of way. " 224 When public road taken. " 225. Exclusive Privileges. Sec. 226. Injuries to Road! " 227. Right perpetual. " 228. Description of Road. " 229. Rates of Toll. " 230. Payment for Stock. [Swamp. " 231. Way through Okefenokee (No. 101.) An Act to incorporate the Satilla Plank Road Company. Approy- ed, January 22, 1850. 220. Section I. Be it enacted by the Senate and House of .Representatives of the State of Georgia in General As- sembly met, and it is herSy enacted. By the authority of the same, That for encouraging an outlet for the produce of the southern section of this State, now forced through objects of in. Florida at a great expense, for the want of a suitable com-corporat,on* munication through the Okefenokee Swamp, by means of a Plank Road or a Canal through said Swamp, or partly both Plank Road and Canal, leading to the Great Satilla river, and thence to the Atlantic, ¥m. B. Johnston, Rich- ard Mitchell, William Carter, Felix G. Arnett, Isaac W.Corporators* Mitchell, and their successors and assigns, be and are hereby declared a body corporate under, the name and style of the Satilla Plank Road Company, and with theStyle* privilege of making and constructing a Plank'Road, 'from any point on the Satilla or St. Mary's River, through the Route Okefenokee Swamp, to any point on the Flint river, and with the further privilege of canalling said swamp, either in whole or in part, and of draining any part, if found practicable, and of constructing bridges and branch Plank Roads, as far as the said Company may deem the same ex- pedient; 221. Sec. II. And Be^ it further exacted, That the said Company be capable in law, by their corporate name, to purchase, hold, sell and convey, any real and personal es-PrivUege3" tate, and to make contracts, sue and be sued, make by-laws, By-Laws, and do all lawful acts properly incident to a corporation, 184: "INTERNAL TRANSPORT'N.—plank road co's.—1851-2. Satilla Plank Road Company. and necessary and proper for the transaction of the busi- ness and construction of the work for which it is incorpo- Seal. rated, and to have and use a common seal, and to alter, change, and destroy at its pleasure. 222. Sec. III. And be it further enacted, That the exacwdlnotto Capital Stock of said Company shall be Eifty Thousand $300,000. Dollars, or such other sum as may be deemed expedient, divided into Shares of One Hundred Dollars each, but may be increased from time to time, as may be deemed expe- "dient by a majority of the Stockholders, representing a majority of the Stock of said Corporation for the time be- ing; Provided, That said Capital Stock, when increased, shall not in the whole exceed the sum of Three Hundred Thousand Dollars ; and each Stockholder shall be entitled Votes. to one vote for every share of Stock held by him, her, or them. 223. Sec. IY. And he it further enacted, That in all or Proceedings any case where land or private rights of any man may be kngre^ientd as required by said Company for the construction, location, wayf&c?f running and establishing said Plank Road of suitable breadth and dimensions through the whole course of said Road or Canals, and the same cannot, for the want of agree- ment between the parties as to price, or any other cause, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by Commissioners, one of whom shall be appointed by the Judge of the Supe- rior Court of the county wherein the land may be situated, upon the application of either party, by giving two days notice in writing to the other party, one by the Company, and one by the owner of the land; and if either party shall decline to appoint a Commissioner, then the Judge of the Superior Court shall appoint two—one at large, and one for the party declining—and all of the Commissioners shall be disinterested freeholders of the county wherein the land lies, and shall before they act, severally take an mfsdoneK.0111"oa^ before some Justice of the Peace or other judicial officer, faithfully and impartially to discharge the duties Award. assigned them, and their award shall be in writing, and shall operate as a judgment for the amount awarded against How enforced the Company, and shall be enforced by an execution from the Superior Court of the county, which the Clerk of said Court is required to issue, as in other cases of judgment in Appeal. said Court; but either party may have 'the right of appeal at any time within four days after the award is made, and reduced to writing, to try the same by special Jury, at the next term of the Superior Court of said county, and the' decision shall vest in the Company the fee simple of the INTERNAL TRANSPORTS—plank road go's.—1851-'2. 185 Satilla Plank Road Company. land in question, and in the other party a judgment lor its value, thus ascertained, which may be enforced by the or- dinary process of said Court; Provided, That in making Proviso, said valuation, the Commissioners, and in case of appeal, the Court of Appeal, shall take into consideration the loss or damage which may occur to the owner or owners, in consequence of the land being taken, or the right of way obstructed, and also the benefit and advantage, he, she, 01* they may receive from the erection and establishment of said Plank Road, and shall state particularly the nature specification and amount of each, and the excess of loss and damage™award* over and above the benefit and advantage, which shall form the measure of valuation of the said land or right of way ; Provided, also, That no difference oivdisagreement between the Company and any land holder, shall operate by way of injunction, or otherwise to suspend the progress No injunction of said work, but the same shall be continued without in- terruption, on adequate security being given by said Com- pany to the landholder to pay such damages as shall be as- sessed in manner and form aforesaid; Provided, That no- thing in this section shall be so construed as to authorize the Commissioners to make any estimate or valuation by which the landholder shall become indebted to the corpo- ration. ^ 22L Sec. Y. And he it further enacted, That whenever it may become necessary for said Plank Road Company, when public to use any part of a public highway for the construction of uleSus^! said Plank Road, the Judges of the Inferior Court of the county, 01* a majority of them, may agree with said Com- pany upon the compensation and damages to be paid by said Company, for taking and using such highway for the purposes aforesaid; Provided,j That no public road or highway shall be so obstructed by said Company as to pre- vent the free passage of all persons who may desire to travel such public road or highway. Such agreement shall be in writing, and shall be recorded in the office of the Clerk of the Superior Court of the county through which the highway may pass. In case such agreement cannot be made, the compensation and damages for taking such highway for such purposes, shall be ascertained in the same manner as the compensation and damages for taking the engat. property of individuals, and such compensation and dam- ompensatlon ages shall be paid to the Inferior Court of the county, for county purposes. 225. Sec. YI. And he it further enacted, That the said exclusive Company shall have the exclusive control of said Plank Pnvileses,j Road, so as to be entitled and empowered to receive and 186 INTERNAL TRANSPORTS—flask roadco's.—1851-'2. Satilla Plank Road Company. collect tolls on all and every vehicle, of whatever character and denomination, and all other things or animals which may pass over said Plank "Road; and that for the collec- Tolls?11011 of ti°n °f tolls, the said Company, or its proper officers, may stop or detain all vehicles, produce or merchandize, or live • stock, or other thing or things, passing on said Plank Road, until the owners or carriers thereof shall pay the toll that shall be fixed by said Company. And if any owner, car- rier, or other person in charge of any vehicle, live stock, or produce, or merchandize, or other thing or things, shall Evading of pass by any toll gate, or other place appointed for taking tolls' tolls, without making payment therefor, he, she, or they, so offending, shall forfeit and pay for each offence, treble Penalty. the amount of toll usually required to be paid, to be sued for and recovered by action at law, in any Court having competent jurisdiction thereof, together with the cost of suit. 226. Sec. YII. And be it further enacted, That if any injuries to person shall wilfully and maliciously destroy, or in any R°ad. manner hurt, damage, injure or obstruct, or shall wilfully and maliciously cause, or aid and assist, or counsel and advise, any other person or persons to destroy, or in any manner hurt, damage, or injure or obstruct, the said Plank Road, or any vehicle, right or privilege connected there- with, such person 01; persons so offending, shall be liable to damages in the civil side of the Court, and shall also be Punishment, liable to be indicted for a misdemeanor, and on conviction thereof, shall be fined or imprisoned, or both, at the discre- tion of the Court. * right perpet- 227. Sec. YIII. And he it further enacted, That the uai. right to make, keep up, and use a Plank Road, between the Satilla and Flint Rivers, through the Okefenokee Swamp, shall be vested in said Company. 228. Sec. IX. And be it further enacted, That the Plank Road to be built by virtue of this Act, shall not ex- u^cription of ceed fifty feet in width," exclusive of wells, watering places oa' > and turnouts, and shall be so constructed as to make, se- cure and maintain, a smooth and permanent road, the track of which shall be made of timber, plank, and hard material, so that the same shall form a hard and even sur- face, and so constructed as to permit carriages and other vehicles conveniently and easily to pass each other; and also so as to permit all carriages to pass on and off, when such road is intersected by other roads. 229. Sec. X. And be it further enacted, That the said Rates of toil. Company, or its President and Directors, shall have power to fix, from time to time, the rates of toll to be charged on INTERNAL TRANSP0RT'N—TURNPIKE GO'S.—1851-'2.. 181 Dade County Turnpike Company. said Road, but said rates sball not be altered oftener than once a yearj and shall be posted up at every toll gate, or other place of collecting toll. 230. Sec. XI. And be it fmther enacted, That thePresi- dent and Directors of said Company may require payment Payments for of the Stock subscribed, at such times and in such propor- S£<*>kr 'tions as they may see fit, under the penalty of the forfeiture of the Stock by the Stockholders, and all previous pay-* ments thereon, and they shall give reasonable notice of the payments thus required, and of the time and place of pay- ment. The Shares in said Company shall be deemed per- Transfer of sonal property, and may be transferred in such manner as ldres* the by-laws may prescribe. 2,31. Sec. XII. And be it further enacted, That said Right of way Company shall have the right of way through the Okefe- ^™|f£ 0ke" nokee Swamp, of one hundred feet on each side of saidSwan,p- road, free of charge. DADE COUNTY TURNPIKE COMPANY. Sec. 232. Incorporated: Sec. 236. Time of completion; " 233. Description of Road; " 237. Injuries to Fi/oads ; " 234. Supervisors; " 238. No Banking powers ; " 235. Tolls and Toll Gates. " 239. Repealing clause. (No. 102.) An Act, io incorporate the Bade County Turnpike Company, and to grant certain privileges to the same. Approved, Jan. 22, 1852. 232. Section I. Be it enacted, by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That a suitable Turnpike Road of the proper di- mensions, be constructed from a place now known as Old Route o{ Squirrel Town, in Dade county, the most practicable route ° to the Nashville and Chattanooga Railroad at or near Wat- sons Old Stand, thence to the State line of Georgia and Tennessee, so as to intersect a Turnpike Road, chartered by the Legislature or Commissioners of Tennessee, and that Josiah W. McRee, and any and all others who may incorporateu become associated with him be, and they are hereby con- stituted a body politic and corporate by the name and style of the Dade County Turnpike Company, and by said stye, corporate name shall be capable in law to buy, hold and 183 INTERNAL TRANSPORT'N—TURNPIKE CO'S.—1851-'2. Dade County Turnpike Company. sell real and personal estate, make contracts, sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, and to make all by-laws necessary for tbe government of said corporation ; Provided, The same be not repugnant to tbe laws and constitution of this State or of the United States. 233. Sec. II. And 1)6 it further enacted, That said' Road,ption of Road shall be twenty-four feet clear of timber, and when it is necessary to dig so as to make said road the more prac- ticable, such dug portion shall be at least sixteen feet wide, and the grade of said road shall be determined on by a Board of Commissioners hereinafter appointed. 231. Sec. III. And he it further enacted. That Shaderick C. Hale, Isom Cole and William Street, be, and they are ers to super- hereby constituted a Board of Commissioners whose duty V1S6, it shall be to decide as to the grade of said road, taking in- to consideration the difficulties to be overcome, and also to determine when said road is built according to this char- ter, and their decision as to the grade, and then and in that case, and not until then, the beforementioned Company may establish agate on said road for the purpose of de- manding toll; Provide d, The report of said commissioners as to the completion of said road be published at Trenton and three or more other public places in said county. 235. Sec. IV. And be it further enacted, That the said Ton "ates Company shall have power to erect a toll gate at such place ° on said road as they may think proper, and charge, demand, Bates of Ton, and collect the following rates of toll, viz: For each six, five or four horse or ox wagon, forty cents; for every two horse or ox wagon, twenty-five cents; for each two horse pleasure carriage, thirty cents; for each one horse carriage, buggy or sulky, twenty cents; for each man and horse, ten cents; for each horse, jack, jenny or mule, led or driven, five cents; for each head of cattle, sheep or goats, two cents; for each head of hogs, one cent; Provided however That the citizens of Dade • county shall not be required to pay toll on said road. 236. Sec. V. Andbe it further enacted, That said Turn- mencement"1' P^e Road shall be commenced within Six months from and andcompie- after the passage of this Act, and be completed within two years thereafter, and when finished shall vest in said Com- pany in fee simple. 237. Sec. VI. And be it further enacted, That any per- Koadtnd son or persons injuring the property of said Company by property,» cutting timbers in or across said road, or obstructing it in any way, shall be guilty of a misdemeanor, and on convic- tion thereof shall be fined at the discretion of the Court, INTERNAL TRANSPORTS—eailkoad oo's.—1851-'2. 1S9 Savannah and Albany Railroad Company and also be liable to an action for damages at the suit of the party agrieved- 238. Sec. VII. And be it further enacted, That nothing Not t? have in this Act contained shall be so construed as to authorize Priv&5 ' said Company to exercise banking privileges or issuing change bills, checks or drafts, in any manner whatever. 239. Sec. YIII. And be it enacted, That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby repealed. SAVANNAH AND ALBANY RAILROAD COMPANY. Sec. 240. May construct. Sec. 242. Further provisions. " 541. Organization. (No. 103.) An Act to amend an Act, to authorize the. Savannah and Albany Railroad Company to make and use a Plank Road and branches, in connection with their Railroad and branches, or in lieu thereof \ approved, February 21 St, 1850, so as to authorize the construe- tion of Macadamized, Graded or Plank Roads, and for other purposes therein named. Approved Jan. 22, 1851. 240. Section I. Be it enacted by 'the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is her Soy ,enacted by the authority of the same, That from and after the passage of this Act, the a RyafiSnc Savannah and Albany Railroad Company shall have an- thority to construct Macadamized, Graded or Plank Roads in connection with their Railroad and .Branches, or in lieu thereof, as the said Company shall deem expedient. 241. Sec. II. And be it further enacted, That a majori-organization, ty of the persons incorporated under the name of the Sa- vannah and Albany Railroad Company, together with their associates, may proceed to organize their Company by electing not less than seven Directors, who shall be charged with the affairs and business of the company, and whose powers and duties and term of service shall be prescribed in the articles of association, or by-laws. 242. Sec. III. And be it further enacted, That the fifth sixth, seventh, eighth,'ninth, tenth, eleventh and twelfth sections of an act to authorize the incorporation of Joint Stock Companies for the construction of Macadamized, 190 INTERNAL TRANSPORTS—b. & t. co.—1851-'2. Oglethorpe Bridge and Turnpike Company. Kiiti£d Oracled, and Plank Roads, approved February 23d, 1850,* be and are hereby added to and made a part of the charter of the Savannah and Albany Railroad Company. OGLETHORPE BRIDGE AND TURNPIKE COMPANY. Sec. 243 Incorporated; Sec. 247- Assessment of damages; " 244. Capital; . " 248. Tolls; " 245. Shares; transfers; " 249. Injuries to road, &e.; " 246. Organization; " 250. Liability of Stockholders. (No. 104.) An Act to incorporate the Oglethorpe Bridge and Turnpike Com- pany, and to punish those who may wilfully injure the same. Approved, January 22, 1852. 243. Section I. 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 authority of the same, That "William "W. Chapman, R. H. Sims, J. U. Incorporated. Home, John N. Price, Stephen S. Boone, William A. Black, E. G. Cabaniss, George "W. Fish, P. L. J. May, and their associates, successors and assigns, be, and they are hereby constituted a body corporate by the name and style of the Oglethorpe Bridge and Turnpike Company, siyie. for the purpose of building, constructing, and keeping up and using a bridge over the river Flint, and a road or turn- Route. pike through and over the swamp an d low grounds of said river, at or near the city of Oglethorpe, in the county of Macon, or in the vicinity of said city of Oglethorpe, and Powers and by said corporate name shall be capable in law to pur- Liabilities, cpase7 pave? hold, receive, possess, sell and convey real and personal estate suflicient for the purposes of this incorpor- ation, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any Court of Law and Equity in the State of Georgia, or the United States, to make, have and use a common seal, and the same to alter or destroy at their pleasure. Capital. 244. Sec. II. And be it further enacted, That the Cap- ital Stock of said Company shall not exceed Fifty Thousand Hollars, and that subscriptions to the same shall be regula- *Eor this Act see New Digest 431. INTERNAL TRANSPORTS—b. & t. co.—1851-'2. 191 Oglethorpe Bridge and Turnpike Company. ted by the said persons hereinbefore named, or a majority of them, and their associates, as to the number of shares, the times, places, manner and mode of subscriptions, the smw^om amount to be paid in, with time or times when the remain-payment.60 ing portions shall be paid, and the mode of payment, with full power to declare forfeitures, ( under certain rules to be before prescribed,) when Stockholders fail to comply, and to do all things necessary to ensure the prompt payment of the several instalments of Stock when required; Pro- vided, That any regulation thus adopted shall be general and operate on all subscribers alike. 245. Sec. III. And be it further enacted, That the Cap - Shares, trans- ital Stock of said corporation shall be divided into sharesfeIsandbookB of one hundred dollars each, to be assignable and transfer- able according to such regulations as said corporation may adopt, and on all questions arising at business meetings, each Stockholder shall be entitled to one vote for each share he may own; Provided, That the subscriptions of Stock shall be registered in a book to be provided by said corporation, which shall at all times be open to the inspec- tion of Stockholders. 246. Sec. IY. And be it further enacted, That after the Director*. Stock in said Company shall have been subscribed, the Stockholders thereof shall elect three or more Directors to manage the property, business and affairs of said Compa- ny, one of whom shall be appointed President by the other president Directors, which Directors shall be chosen annually at such time and place as the Directors may determine upon; Provided, That the Directors for the time being shall serve until their successors are elected, and they, or a majority of them, shall form a quorum for the transaction of busi- ness, and shall have power to make all such by-laws, rules By-Law*, and ordinances, as to them may appear needful, touching the management of said bridge and turnpike to be con- structed, and effects of the corporation, and all such mat- ters as may appertain to. the same not inconsistent with the Constitution and laws of the State of Georgia, and they shall have power to employ such officers, agents, and la-officer*, borers as they may deem necessary for the transaction of the business of the corporation, and to displace, remove or discharge such officers, agents or servants at pleasure. 247. Sec. Y. And be it further enacted, That in the event the said bridge, or the abutment or abutments, pier made, or piers thereof, or the said Turnpike Road to be. construct- ed, shall be on or upon, or shall pass over or through the land or lands of any other person or persons other than said corporation, and the owner or owners of said land or *192 . INTERNAL TRANSPORTS—B. & T. CO.—1851-12. Oglethorpe Bridge and Turnpike Company. lands cannot agree as to the compensation therefor, to he paid by the said Company to the said owner or owners, then the said Company shall pay to the owner or owners of said land or lands, such compensation or damages (and the said owner or owners shall receive and accept the same,) as shall be assessed in the mode and manner pre- scribed and pointed out in the fourth section of an Act entitled " An Act to incorporate the South Western Rail- road Company, with power to extend branches to Albany, in the county of Baker, and to Fort Gaines in the county of Early, or to points below those places on the Flint or Chattahoochee rivers, and to punish those wrho may wil- fully injure the same, and to incorporate the Columbus and South-Western Railroad, approved on the twenty-sev- enth day of December, in the year eighteen hundred and forty-five," and said section is hereby adopted as part of this Act, as fully as though the same were herein inserted. toils. 248. Sec. VI. And be it, further enacted, That the said corporation shall be allowed to demand and receive for passing over said bridge and turnpike road, the same tolls as are by law now allowed to the Mayor and Council of the city of Macon to demand and receive for crossing the bridge owned by said city of Macon, across the river Oc- mulgee. injuries to 249. Sec. VII. Be it further enacted, That in case any bndgeand person shall wilfully injure or obstruct the said bridge or turnpike road, or should injure the abutment or abut- ments, pier or piers, of said bridge, or any part of said Penalty. bridge, whereby said Company shall sustain any loss, he shall forfeit and pay to said Company the amount of all damages which they may sustain in consequence thereof, to be sued for and recovered in the same manner as provi- ded for by law for individuals in like cases, and shall be further subject to indictment and punished by fine or im- prisonment, or both, at the discretion of the jury trying the offence. Liability of 250. Sec. VIII. And be it further enacted, That the stockholders. Stockholders of said Company may be made liable for the debts of said Company to the amount of Stock by them respectively taken or owned, but for no greater amount. repealing 251. Sec. IX. And be it further enacted, That all laws clause. ancl parts of laws militating against this Act, be, and the same are hereby repealed. . JOINT STOCK COMPANIES—1851-'2. 193 Augusta, Atlanta, and Nashville Magnetic Telegraph Company. JOINT STOCK COMPANIES. TITLE XV. No. 103. Augusta, Atlanta, and Nash- No. 110. Lagrange Steam Mill Co. ville Magnetic Telegraph Co. " 111. Lawrenceville«Man'g Co. " 106. Rome Branch Mag. Tel. Co. " 112. Savannah Pat. Steam Brick Co " 107. Curtwriglit Manufacturing Co. " 113. Rock Island Factory Co. 108. Hancock Manufacturing Co. " 114. Bonds, &c.; other Companies. " " Augusta Gas Light Co. " 115. Saving' sBanks, and other In- " " Macon Gas Light Co. stitutions. " 109. Sweet Water Man'g Co. AUGUSTA, ATLANTA, AND NASHVILLE MAGNETIC TEL- CO. Sec. 1. Incorporated. Sec. 7. Powers and Liabilities. " 2. Capital, &c. " 8. Connecting lines. " 3. Purchase of other lines. " 9. Crossing Roads, Rivers, Sec. " 4. Organization. " 10. Preference to governmental dis. " 5. Officers—Term, " shall consist of Eighty Thousand Six Hundred and Seventy- apita' Five Dollars, in shares of One Hundred Dollars each, to be shares. 13 194 JOINT STOCK COMPANIES—1851-'2. Augusta, Atlanta, and Nashville Magnetic Telegraph Company. issued to the said James M. Bean, Jolin II. Glover, and John P. King, and to those who have heretofore, or may hereafter contribute funds, for the construction and im- provement of the said line of Telegraph, in such propor- tions as the said James M. Bean, John II. Glover, and John P. King, and the said subscribers and contributors have heretofore agreed, or may hereafter agree upon ; Pro- vided, That when the basis on which such Stock shall be issued has been once fixed, it shall not thereafter be al- tered; and Provided, also, That funds raised, or to be raised for the construction of the said Telegraph, putting the same in operation, and maintaining, adding to, and improving the same, shall be such only as are necessary for the said purposes, and shall not be invested or employ- ed for any other purpose. 3. Sec. III. That the said corporation shall have power MaycPonnectse an(^ authority to build or purchase any connecting or side fDgyiiSeo' line in this State, having acquired the right to do so from the owners of Morse's Patent, and may enlarge its capital for that purpose. 4. Sec. IV: That the persons mentioned in the first sec- tion of this Act, shall have power to call a meeting of the Organization, corporate body hereby created, giving three weeks notice of the time and place of such meeting, in at least one pub- lie gazette, published respectively in the cities of Augusta and Atlanta, in the State of Georgia, and Chattanooga, in the State of Tennessee, for the purpose of choosing a Pre- officers. sident, Secretary and Treasurer, together with a suitable number of Directors, as may be determined on by the Stockholders, for the management of their affairs. 5. Sec. Y. That the President and Directors, Secretary * and Treasurer, shall hold their respective offices for one Term of office Jear' an(^ until their successors respectively shall be elect- ed; and shall exercise such powers pertaining to the build- Authority, ing and management of the said Telegraph, not repugnant to, or incompatible with, the Constitution and Laws of this State, and the United States, as may be authorized by the by-laws of the said corporation. 6. Sec. YI. And be it further enacted, That the con- Contract with tract entered into on the eleventh day of October, 1S50, by At^icRai William L. Mitchell, Chief Engineer of the Western and road ratified. Atlantic Bailroad, and D. W. Gaust and J. M. Bean, on the part of said Company, be and the same is hereby rati- fied and affirmed, and that at every election, each share Votes at eiec- shall entitle its holder to one vote, and absent Stockholders tl0ns' may vote by agent or proxy, on producing written authori- ty so to do. And in case of an equal number of votes on JOINT STOCK COMPANIES—1851-'2. 195 Augusta, Atlanta, and Nashville Magnetic Telegraph Company. both sides, the election shall bei decided by lot, and the Chief Engineer of said Railroad, or other officer having the chief control of said Road for the time being, shall by him- sell, or his proxy duly authorized, cast the vote to which the State is entitled under said contract. 7. Sec. YII. That the Augusta, Atlanta, and Nashville poweKand Magnetic Telegraph Company, hereby incorporated, shall lSS of have power and authority to sue and be sued, implead andCompany" be impleaded, answer and be answered unto, defend and be defended, in any action, suit or proceeding whatsoever, in any Court of Law or Equity, having competent juris die- tion ; to make and use a common seal, and the same to alter at pleasure ; to purchase and hold such real and personal estate as the lawful purposes of the said Corporation may require; and the same to sell and convey, alien, or in any wise dispose of, in whole or in any part, when no longer so required. To appoint such officers and agents as may be necessary to manage the business of the said Corpora- tion, and allow them a suitable compensation therefor—to make by-laws not repugnant to the laws of the land, and generally to use, exercise, and enjoy, all rights, privileges and franchises, which are incident or appertaining to incor- porations. 8. Sec. YIII. That the said Corporation shall have pow-c?nnecting er and authority to contract with any person or persons, or ^other bodies corporate, for the purpose of connecting its lines of Telegraph with lines out of the State. 9. Sec. IX. That the Augusta, Atlanta, and Nashville may ran Magnetic Telegraph Company, shall have power and au- highway^1,083 thority to set up their fixtures along and across any highnveM' &c' road or high roads ; and any railroad which now or may hereafter belong to this State, and any waters or water courses of this State, without the same being held or deem- ed a public nuisance, or subject to be abated by any pri- vate person; Provided, The said fixtures be so placed as proviso, not to interfere with the conimon use of such roads, waters, or "water courses, or with the convenience of any land own- er, further than is unavoidable. And the said Corporation shall be responsible for any damages which any corpora- for damages, tion or private person shall sustain by the erection, con- tinuance, and use of any such fixtures; and in any action brought for the' recovery thereof, by the owner or occupier of any lands, the damages to be awarded may at the elec-How awarded tion of the said Corporation, include the damage of allow-andassessed" ing the said fixtures permanently to continue, on the pay- ment of. which damages, the right of the Corporation to continue such fixtures shall be confirmed, as if granted by 196 JOINT STOCK COMPANIES—lS51-'2. Augusta, Atlanta, and Nashville Magnetic Telegraph Company. the parties to the suit; Provided, That no person or hody politic shall he entitled to sue for or recover damages as aforesaid, until the said Corporation, after due notice, shall Notice to have refused or neglected to remove the fixtures complain- Company to ° , , ,. x remove. ed oi within a reasonable time; and every person or per- sons who shall destroy or commit any trespass upon the tures,' &c, fix" fixtures of the said Corporation, erected in pursuance of the authority hereby given, actually interrupting, or with in- tent to interrupt the operations of the Telegraph of the said Corporation, shall pay to the said Corporation the Penalty. sum hundred dollars for each and every such tres- pass, and shall he further liable for all damages which the said Corporation may suffer in repairing the injury, and in the interruption of its business, to be recovered in an indictment, action of trespass, and shall be further liable to indictment, and on conviction be fined or imprisoned, or both, at the discretion of the Court in which such indictment shall be tried ;* and if any person incurring the penalty aforesaid, shall, through insolvency, or any other cause, be unable, or shall fail to pay the penalty and damages aforesaid, and offeiufe.ond shall a second time destroy or commit a trespass upon any such fixtures as aforesaid, such person shall be subject to be imprisoned for not less than one month, nor more than six months, upon being duly convicted thereof before any Court of competent jurisdiction. Preference to ^EC" That the said Corporation shall be bound, clSL0 upon the application of any of the officers of this State, or Cers of gov- of the United States, acting in the event of any war, insur- certain cases. rection, riot, or other civil commotion or resistance of pub- lie authority, or in the punishment or preventive of crime, or the arrest of persons charged or suspected thereof, to give to the communications of such officers immediate dispatch; and if any officer, clerk, or operator, of the said Corporation, shall refuse, or wilfully omit to transmit such communica- tions, or shall designedly alter or falsify the same for any purpose whatsoever, he shall be subject, upon conviction thereof before any Court of competent jurisdiction, to be fined and imprisoned according to the discretion of the penalty for Court, and in proportion to the aggravation of the offence for transmitting such communications. The said Corpora- tion shall charge no higher price than shall be usually charged by it for private communications of the same length. And the said Corporation shall be bound in like manner, at all times, upon the application of any other per- son, not an officer of the State or the United States, to give *For general Act on this subject, see New Digest, 735, 736. JOINT STOCK COMPANIES—1851-'2. 197 Rome Branch Magnetic Telegraph Company. like immediate dispatch to each and every communication. m And should any officer, clerk, or operator, of the said Cor- ^mediatS poration, wilfully omit to transmit such communications, or shall alter or falsify the same, he shall be deemed guilty, ror and punished in like manner as is provided in the forego-"es ec'' ing part of this section relative to the communications of public officers. 11. Sec. XI. That the clerks and operators actually en- gaged in the transmission of intelligence at the several ^dyPam>ltia' Telegraphic Stations of the said Company, shall be, andduty- they are hereby, exempt from the performance of iury, mi- litia or patrol duty. 12. Sec. XII. That the service of process of any Court gervice m of this State, shall be legal and valid on said body politic corporation; and corporate, if the same shall be left at the office of thehow effected* Company within any district of this State ; Provided, The President of the Company is absent from, and beyond the limits of the said district, and that this Act shall be deemed a public Act. rome branch magnetic telegraph company. Sec. 13. Incorporated; " 14. Capital &c.; " 15. Organization; " 16. Officers; " 17. Votes Ac.; " 18. General powers; Sec. 18. Connecting with other Lines; " 20. Assessment of Damages; " 21. Govei-nmental Despatches; " 22. Individual Liability; " 23. Operatives exempt, See., " 24. Service of process. (No. 106.) An Act to incorporate the Rome Branch Magnetic Telegraph Com• pany. Approved,. January 21s-, 1852. 13. Section I. Be it enacted lay the Senate and House of Representatives of the State of Georgia in General 'As- sernbly met, and it is hereby enacted by the authority of the same, That W. S. Cothran, Robert Batty, James M. incorporated, Bean and such persons as now are, or hereafter may be, as- sociated with them, including the subscribers in this State who may have acquired from Samuel F. B. Morse the right to construct and carry on the Electric Magnetic Telegraph on the route leading from Kingston, Georgia to the City of Rome, in the same State be, and the same are hereby made and declared to be a body politic and corporate in iaw, for 188 JOINT STOCK COMPANIES—1851->2. Rome Branch Magnetic Telegraph Company. the purpose of constructing, erecting and maintaining a line of the said Telegraph 011 the route aforesaid, and of transmitting intelligence by means thereof, by name and Btyle' style of the Rome Branch Magnetic'Telegraph Company. 14. Sec. II. That the Capital Stock of said Company capital, shall consist of Two Thousand JSTine Hundred and Seventy- Five Dollars in shares of One Hundred Dollars each, to be issued to the said W. S. Cothran, Robert Batty, James M. Bean, and to those who have heretofore, or may hereafter, contribute funds for the construction and improvement of the said line of Telegraph, in such proportions as the said "W. S. Cothran, Robert Batty, James M. Bean and the subscribers and contributors as aforesaid have heretofore agreed or may hereafter agree upon. 15. Sec. III. That the,persons mentioned in the first 0rgamzation'section of this Act shall have power to call a meeting of the corporate body hereby created, giving them three weeks notice of the time and place of such meeting in at least one public gazette, published respectively at Rome, Georgia, for the purpose of choosing a President, Secretary and Treasurer, together with as suitable a number of Directors as may be determined on by the Stockholders, for the man- agement of their affairs. 0^™of 16., Sec. IY. That the President and Directors, Secre- tary and Treasurer, shall hold their respective offices for one year, and until their successors respectively shall be elected, and shall exercise such powers purtaining to the building and management of the said Telegraph, not re- pngnantto, or incompatible with the constitution and laws of this State and United States'as may be authorized by the by-laws of the said corporation. 17. Sec. Y. That at every election each share shall en- votes at eiec-title its holder to one vote, except that 110 Stockholder shall 10,1' be entitled to give more than one sixth of the entire vote Generalpow-to the Stockholders are entitled, and absent Stock-- holders may vote by agents or proxies, producing written authority from them. In case of an equal number of votes on both sides, the election shall be decided by lot. 18. Sec. YI. That the Rome Branch Magnetic Tele- graph Company'hereby incorporateed, shall have power - and authority to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in any action, suit or proceeding whatsoever, in any Court of Law or Equity having jurisdiction, to make and use a com- gealj mon seal, and the same to alter at pleasure, to purchase and hold such real and personal estate as the lawful purposes of the said Corporation may require, and the same to sell and JOINT STOCK COMPANIES—1851-'2 199 Rome Branch Magnetic Telegraph Company. convey, alien or in any wise dispose of, in whole or in any part, when no longer so required, to appoint such officers officer, and agents as may be necssary to manage the business of the said Corporation and allow them a suitable compensa- tion therefor, to make by-laws not repugnant to the laws of the land. 19. Sec. YII. That the said Corporation shall havewjKhef power and authority to contract with any person or persons mes' or bodies corporate for the purpose of connecting its lines of Telegraph with lines out of this State. May rail 20. Sec. YIII. That the Rome Branch Magnetic Tele- graph Company shall have power and authority to set up their fixtures along the Railroad without the same being held or deemed a public nuisance, or subject to be abated _ by any private person, Provided, the said fixtures be so placed as not to interfere with the common use of such roads, waters or water courses, or with the convenience of any land owner further than is unavoidable, and the said Corporation shall be responsible for any damages which A^ment of said Corporation or private person shall sustain by the erec- tion, continuance and use of any such fixtures, and in any action brought for the recovery thereof by the owner or occupier of any lands, the damages to be awarded may at the election of the said Corporation include the damage of allowing the said fixtures permanently to continue, on the payment of "which damages the right of the corporation to continue such fixtures shall be confirmed as if granted by the parties to the suit, Proved ed That no person or body politic shall be entitled to sue for or recover damages as aforesaid until the said Corporation, after due notice, shall have refused or neglected to remove the fixtures complained of within a reasonable time, and every person or persons tS&c?5** who shall destroy or commit any trespass upon the fixtures of the said Corporation erected in pursuance of the authori- ty hereby given actually interrupting or with intent to in- Penalties, terrupt the operations of the Telegraph of the said Corpo- ration, shall be liable for. all damages which the said Cor- poration may suffer in repairing the injury and in the in- terruption of its business, to- be recovered in an action of trespass, and shall be further liable to indictment, and on conviction be fined or imprisoned, or both, at the discretion of the Court in which such indictment shall be tried ; and if any person incurring the penalty aforesaid shall, through insolvency or any other cause, be unable or shall fail to pay the penalty and damages aforesaid, and shall a second time destroy or commit a trespass upon any such fixtures as aforesaid, such person shall be subject to be imprisoned for 20Q JOINT STOCK COMPANIES—1851-'52. Rome Branch Magnetic Telegraph Company. not less than one month nor more than six months upon being duly convicted thereof before any Court of compe- tent jurisdiction. 21. Sec. IX. That said Corporation shall be bound, upon fe^lnTubhc ^e application ot any of the officers of this State or of the Despatches. XJnited States, acting in the event of any war, insurrection, riot or other civil commotion, or resistance of public au- thority, or in the punishment or prosecution of crime, or the arrest of persons charged or suspected thereof," to give the communications of officers immediate dispatch, and if any officer, clerk or operator of the said Corporation shall Penalty for refuse, or wilfully omit to transmit such communications, fufai?101 re" or shall designedly alter or falsify the same for any purpose whatsoever, he shall be subj'ect upon conviction thereof be- fore any Court of competent jurisdiction, to be fined and imprisoned according to the discretion of the Court, and in proportion to the aggravation of the offence ; for transmit- ting such communications the said corporation shall charge no higher price than shall, be usually charged by it for private communications of the same length. Liability of 22. Sec. X. That the member of the said Corporation stockholders, gkgjj pg jointly and severally for all debts and con- tracts made by such Corporation until the whole amount of the Capital Stock authorized to be subscribed as aforesaid shall have been actually paid in; and no note or obligation given by any Stockholder, whether secured by pledge of the Stock in such corporation or otherwise, shall be con- sidered as payment of any part of the Capital Stock until such notes or obligations, shall have been actually paid. Operators re. 23. Sec. XI. That the clerks and operators actually en- teindTth. gage(l in the transmission of intelligence at the several ©r duty, Telegraph Stations of the said Company shall, be and they are hereby exempt from the performance of jury, militia or patrol duty. > process on the 24. Sec. All. That the services of the process of any company, (j01irt 0f this State shall be legal and valid on said body politic and corporate, if the same^hall be left at the office of the Company within any district of this State, Provided, The President of the Company is absent from and beyond the limits of the said district, and that this Act shall be deemeda public Act. JOINT STOCK COMPANIES—1851-'2. 201 Curtwriglit Manufacturing Company. curtwright manufacturing company. Section 25. Incororpated. " 26. Sfial—Rv.Law 26. Seal—By-Laws. 27. General Powers. 28. Buildings, Dam, &c. Section 29. Capital. " 30. Oath of President. " 31. Individual liability. 32. Duration of Charter. (No. 107.) An Act to grant corporate powers and privileges to the Curtwriglit Manufacturing Company. Approved, December 17, 1851. 25. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That John Curtwriglit, Artemas Gould, JohnM. Adams, John Cunningham, Henry Merrell, and such oth-Incorporated- ers as now are, or may hereafter become associated with them, be and they are hereby known and recognized as a body corporate and politic, by the name and style of the Curtwriglit Manufacturing Company, and by that name may Name sue and be sued, plead and be impleaded, answer and be answered to, in any Court of Law and Equity in this State, with full power to have, possess, and enjoy, all franchises, Powers and n. and all property, both real and personal, which now are,ablhUes' or may hereafter be, held by said Company. 26. Sec. II. And be it further enacted by the authority aforesaid, That said Company shall have power to use aSeai. common seal, to adopt such by-laws, rules and regulations for their government as they may deem necessary, and to alter By'Laws* the same at their pleasure, and to appoint such officers, agents and servants, as may be needed in and about the Agents, transaction of their business. 27. Sec. III. And be it further enacted by the author- ity aforesaid, That the object of said Corporation shall be General pow- the manufacture of cotton, wool, wood, iron, and otherers' metals, grain and other products; and for this purpose they shall have power to purchase, receive, have, hold, sell and convey, all such real estate, water privileges, and other franchises, slaves, and other personal property, as may be necessary and convenient in the transaction of said busi- ness; Provided, That said real estate and water privileges shall be confined to the shoals of the Oconee, and other lands, in the counties of Greene and Putnam; And,> Pro- vided, also, That said Company shall never hold at one time exceeding three thousand acres of land. 28. Sec. IV. And be it further enacted by the authority aforesaid, That said Company shall be authorised to put mSTc. up such buildings, and to make such improvements, and 202* JOINT STOCK COMPANIES—1851-'2. Curtwriglit Manufacturing Company. to erect one or more dams across the Oconee river, oh their own lands, and to build and construct such works as may be necessary and convenient for the free and full use of their water privileges at the said shoals of Oconee, in and about the business of manufacturing, as contemplated in this Act, and to establish and maintain store-houses for the Sale of goods. ga2e 0p g00ds manufactured by them, and other articles of merchandize, upon their said lands, and not elsewhere, and for the purchase of such produce as their business may re- quire; Provided, Nothing herein contained shall debar them from selling their own manufactured articles, by agents, in such markets as they may choose. 29. Sec. Y. And be it further enacted by the authority capital. aforesaid, That the Capital Stock of said Company shall not exceed Five Hundred Thousand Dollars, to be divided into such sized shares, and otherwise controlled and regu- lated, as said Company, or its authorized agents, may deem best. , 30. Sec. YI. And be it further enacted by the aiithority aforesaid, That at the time when the" said Company shall oath of Fresi a(^°Pt ^ie provisions of this Act, an oath or affirmation dent. ' shall be made before a Judge of the Superior Court, Jus- tice of the Inferior Court, or Justice of the Peace, by the President or Agent, thereof, of the amount of capital actually paid in and "employed by said Company,'which shall be published in the two nearest gazettes once a week for one Publication month, and be recorded in the Clerk's Office of the Supe- rior Court of the county where said corporation is located, and which shall be repealed whenever there is any increase of Capital Stock created, and the same actually paid in; caphidY' Provided, Nothing shall be considered as Capital Stock paid in, but gold and silver, or notes of specie paying Banks, or property at its sworn valuation. 31. Sec. YII. And be it further enacted- by the authority aforesaid, That the members of said Company shall be Individual if liable jointly and severally, for all debts and contracts • Stockholders, made by their authorized Agents, or President, if at any time it shall be made to appear that the amount of capital sworn to as above specified, was not bona fide so paid in and employed; and the whole amount of debts which said Amount of Company, organized under this Act, shall at any time m e te ness. QW^ shall 110t exceed its Capital Stock actually paid in. And in case of any excess of indebtedness by said Com- pany, over said Capital Stock, the officers and agents by whom such excess shall be created, shall be jointly and severally liable to the extent of such excess, for all the debts of the Company then existing, and for all that shall be thereof. Increase of JOINT STOCK COMPANIES—1851—'2. 203 Hancock Manufacturing Co.; Augusta Gas Light Co.; Macon Gas Light Co. contracted, so long as they shall respectively continue in office, and until the debts shall he reduced to the amount of the Capital Stock actually paid in and employed. 32. Sec. yiii. And be it further enacted by the authori- ty aforesaid, That this Act shall continue in force for fifty „ , . 7 m _ _ J Duration of years from the date of its passage; and that all laws and charter, arts of laws militating in any way against its provisions, e and the same are hereby repealed. HANCOCK MANUFACTURING COMPANY. AUGUSTA GAS LIGHT COMPANY. MACON GAS LIGHT COMPANY. Sec. 33. Hancock Manufacturing Co. Sec. 38. Capital. " 34. Former acts ratified. ♦ " 39. Directors, &c. " 35. Power to mortgage, &c. " 40. Election of " 36. Gas Light Co. of Augusta. " 41. Injuries, Ac.—-Misdemeanor. " 37. General powers. " 4-2. Macon Gas Light Co. (No. 108.) An Act to amend an Act entitled an Act to authorize all the free white citizens of the State of Georgia, and such others as they may associate with them, to prosecute the business of Manufac- turing, with corporate powers and privileges, passed on the 22d day of December, 1847, so far as the Hancock Manufacturing Company are concerned, and to incorporate said Company, and to grant to said Company certain privileges ; to incorporate and confer certain powers upon certain Gas Light Companies in Au- gusta and Macon. Approved, January 21, 1852. 33. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That William Terrell, Benjamin Harris, Thorn- as M. Turner, Thomas M. Hunt, William D. Winn, James incorporated. Thomas, Theophilus J. Smith, and their associate Stock- holders, and their successors, be and they are hereby crea • ted a body politic, under the name and style of the Han- cock Manufacturing Company, and as such are entitled to style, sue and be sued, plead and be impleaded, to have and use Powers and a common seal, and to do and perform all other acts which Liabilities, said corporation would be entitled to do under the Act of which this Act is amendatory, or which said Act was in- 204 JOINT STOCK COMPANIES—lS51-'2. Hancock Manufacturing Co.; Augusta Gas Light Co. ; Macon Gas Light Co. tended to confer, and entitled to all tlie privileges conferred by said act. Former acts 34:. Sec. II. Be it further enacted, c£ standing in his or her name; and said stock may be repre- sented by the attorney or proxy of the Stockholder. 40. Sec. YIII. And be it further enacted by the authori- ty aforesaid, That if at any time an election of Directors g]^j™of should not take place on the day appointed by the by-laws, irect°rs" the corporation shall not be dissolved for that cause, but the Directors previously elected shall continue to exercise as heretofore the functions of their office, as such, until others be elected in conformity to the by-laws. 41. Sec. IX. And be it further enacted by the authori- ty aforesaid, That if any person or persons shall wilfully 206 JOINT STOCK COMPANIES—1851-'2. Sweet Water Manufacturing Company. injnries to ^o, or cause to be done, any act or acts whereby to injure Pipes, &c. any pipe, conductor, cock, metre, machine, or other thing whatever, appertaining to the Gas "Works of said Company, whereby the same may be stopped, obstructed or injured, the person or persons so offending shall be considered A^misdemea- guilty of, and shall be indicted for a misdemeanor, and be- ing thereof duly convicted, shall be punished by fine not Punishment, exceeding two hundred dollars, or imprisonment in the common jail not exceeding sixty days, or by both fine and imprisonment, not exceeding the said sum and time; and such criminal prosecution shall in no wise impair the right of action for damages, which the said Company is hereby authorized to institute in any Court having cognizance and jurisdiction of the same. Macon Gas ^EC* ^ That the Mayor and Council Light co ain. of the city of Macon, and their successors in office, and such corporated. ag they may associate with them, shall be known as the Macon Gas Light Company, with the same powers and privileges as are granted to the Gas Light Company of Augusta, in the preceding sections. sweet water manufacturing company. Sec. 43. Incorporated. Sec. 46. Holding property. " 44. Capital. " 47. Liability of Stockholders. " 45. Manufacturing Privileges. " 48. Repealing clause. (No. 109.) An Act to incorporate the Sioeet Water Manufacturing Company. Approved, January 20, 1852. 4-3. Section I. 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 sam.e, That Charles J. McDonald, James Rogers, and incorporated, their associates, shall be, and they are hereby, declared to be a body corporate and politic, under the name and style Name. °f the Sweet Water Manufacturing Company, and by that name and style may sue and be sued, plead and be im- general pow-pleaded, answer and be answered unto, in any Court of Law or Equity in this State, having competent jurisdic- tion; and shall enjoy perpetual succession of officers and members; may have and use a common seal; may make, JOINT STOCK COMPANIES—1851-'2. 207 Sweet Water Manufacturing Company. ordain, and establish such by-laws, lules and regulations, By.Lawg> as they may deem necessary and expedient to carry into effect the objects of the Company; Provided, Such by- laws, rules and regulations, are not inconsistent with the laws of this State or of the United States. 44. Sec. II. And be it further enacted That the Capital ^ Stock of said Company shall not exceed Two Hundred Thou- sand Dollars, which shall be divided into shares of One Hun- dred Dollars each, but the Company may commence busi- ness as soon as Fifty Thousand Dollars shall have been paid. , 45. Sec. III. And he it further enacted,, That the said Company, organized as aforesaid, shall be authorized to SprSes. manufacture, bleach, dye, print and finish, all yarns and goods, of which cotton or other fibrous material forms a part. Also to manufacture leather and shoes, and to man- ufacture flour, and vend their manufactures and other-mer- chandize. 46. Sec. IY. And be it further enacted by the authority aforesaid, That the said Company shall be authorized to Majr ho]d purchase, receive, hold and possess, any property, real or property, personal, for the use, benefit, and advantage of said Com- pany, and to sell and dispose of the same; Provided, That said Company shall hold no more real estate than is neces- Real estate, sary for the convenient transaction of their business, unless the same be received in payment of their debt's, or be pur- chased at public sale, under execution in their favor. 4T. Sec. Y. And be it further enacted, That the sub- scribers or Stockholders in said Company, shall be liable Liability of in proportion to the number of Shares held by them respec-Stockholders' tively, for the debts of said Company, which shall not ex-Limitonin. ceed one-half of the capital paid in; and if the debts ex-debtetlness' ceed such amount, the Stockholders shall be jointly and severally liable for tlie whole; and no transfer of Stock made with intent to avoid individual liability, shall exempt the transferring Stockholder from such liability. 48. Sec. YI. And be it further enacted, That all laws repeal™* and .parts of laws militating against this Act, be and thec ause' same are hereby repealed. 208 JOIISTT STOCK COMPANIES—1851-2. lagrange steam mill. Sec. 49. Incorporated. " 50. Capital. Sec. .51. Manufacturing Privileges. (Ho. 110.) An Act to incorporate the Lagrange Steam Mill Company, and for other purposes. Approved, January 22, 1852. 49. Section I. Be it enacted by the Senate and House of Representatives of- the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the incorporated. samei That Samuel Curtright, John Young, and Isaac 0. ' Beman, and their successors, are hereby created a body Name. , corporate, in the name and style of the LaGrange Steam Mill Company, for the purpose of sawing lumber, and General pow- using any machinery for planning or otherwise making the same, and for the manufacture of flour and meal, with pow- er to use a common seal, to sue and be sued, and to hold any property necessary for the above purposes; and to make such by-laws, and elect such officers, as may be ne- cessary and lawful for the conducting the business author- ized by this Act. 50. Sec. II. And be it further enacted by the authority capital. aforesaid, That the Capital Stock of . said Company shall shares. be Thirty Thousand Dollars in Shares of One Hundred Dol- lars each. 51. Sec. III. And be it further enacted by the authority fngaprivileges, aforesaid, That said Company shall have power to card wool, manufacture the same, or any kind of cotton goods, when in their opinion their interest require their appro- priating their powers and means to %that purpose. An Act to incorporate the Lawrenceville Manufacturing Company. Approved, January 22, 1852. 52. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- lawrenceville manufacturing company. Sec. 52. Incorporated. "• 53. Powers and Privileges. Sec. 54. Repealing clause. (Ho. 111.) JOINT STOCK COMPANIES—1851-'2. 209 Savannah Patent Steam Brick Company. sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Samuel E. Alexander, President, and Hamilton Garmany, incorporated. Joseph P. Brandon, William J. Russell, Jesse Low, James M. Gordon, Richard D. Winn, and James P. Simmons, Directors for the time being, and their successors, asso- ciates and assigns, be and they are hereby declared to be a body corporate and politic, by the name and style of the styIe* Lawrenceville Manufacturing Company. 53. Sec. II. And be it f urther enacted by the authority aforesaid, That said Company shall have all the rights, privfieges^ privileges and immunities extended to them, and be sub- ject to all the liabilities contemplated and provided (ex- cept as to the manner of becoming a corporation) for such Companies in and by an Act assented to on the 22d day of December, 1847, entitled an Act to authorize all the free white citizens of the State of Georgia, and such others as they may associate with them, to prosecute the business of manufacturing, with corporate powers and privileges. „ 54. Sec. III. And be it further enacted by the authori- RepeaUns ty aforesaid, That all laws and parts of laws militating clanse> against this Act, be and the same are hereby repealed. savannah patent steam brick company. ♦ SeC. 55. Power and Privileges ; Sec. 56. Repealing clause. (No. 112.) An Act to incorporate "The Savannah Patent Steam Brick Com- panyA Approved, January 17th, 1852. 55. Section I. Beit enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Oh as. incorporated* Green, Robert A. Lewis, Adam Short and Joseph M. Tur- ner, of the city of Savannah, and such other persons as now are, or may hereafter become associated with them and their successors, be and they are hereby incorpo- rated a body politic and corporate, by the name of " The Savannah Latent Steam Brick Company," and under the Powere ^ name aforesaid to sue and be sued, plead and be impleaded Privilee^ 14 210 JOINT STOCK COMPANIES—1851-2. Rock Island and other Factories. in any Court of Law or Equity in tliis State, to have and use a common seal, and witli power to said corporation to contract for, purchase, lease, hold or sell, all such property, real, personal or mixed, as may from time to time he ne- cessary and proper for the purpose of fully carrying out the object of said incorporation, and further to make all such by-laws, rules and regulations as they or a majority of them may'deem necessary, for the better government and man- agement of said corporation ; Provided, Said by-laws, rules and regulations be not repugnant to the Constitution and laws of this State or of the United States. Repealing 56. Sec. II. And le it further enacted by the authority oiause. aforesaid, That all laws and parts of laws militating against the provisions of this Act, be and the same are hereby re- pealed. ROOK ISLAND FACTORY COMPANY. ATJOUSTA MACHINE WORKS. COWETA FALLS MANUFACTURING COMPANY. HOWARD FACTORY. Sec. 57. May repair and keep up Dam; Sec. 62. How sold; " 58. Owners ofland protected; " 63. How payable; " 59. Repeahng clause ; " 64. In Stock; " 60. May issue Bonds, " 65. Augusta Machine Works; " 61. At 8 per cent.; " 66. Howard & CowetaFalls Fac'y (No. 113.) An Act, to secure to the Rock Island Factory certain privileges and for other purposes therein named. Approved, Dec. 10, 1851. 57. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- ' sembly met, and it is hereby enacted by the authority of the May repair same, That the Rock Island Factory is hereby authorized tiieir^present to repair, keep up, or reconstruct in a more substantial man- dam. ner, the dam which said Rock Island Factory has now in- Use, extending from the western bank of the Chattahoochee river to a bed of rocks in or on said river commonly known as Rock Island, together with such abutments and fixtures on and along said Island as may enable said Rock Island Factory the more successfully to propel their present ma- chinery, or such other as they may deem proper to put in motion for manufacturing or mechanical purposes. JOINT STOCK COMPANIES—185l-'2 211 Rock Island and other Factories. 58. Be it further enacted, That nothing herein con- tained shall he so construed as to change or impair, infringe upon or alienate any right legally claimed or possessed by any of the owners of the land or lands adjacent to or in the neighborhood of the said dam or said Rock Island. 59. Be it further enacted, That all laws and parts of pealing laws repugnant to or militating against this Act be and the same are hereby repealed. (No. 114.) An Act, to authorize the Rock Island Factory of Muscogee County, the Augusta Machine Works, by their proper officers, the Coweta Falls Manufacturing Company, the Howard Factory, and all other Manufacturing Companies in the State, to issue and sell the Bonds of the Companies and secure the same, and for other pur- poses herein named. Approved, January 22, 1852. 60. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby Anthorized t0 enacted by the authority of the same, That the Rock Island «« Bonds. Factory be authorized to issue the Bonds of the Company to the amount of Thirty Thousand Dollars in sums of not less than One Hundred Dollars each, the same to be secured by deed of trust or mortgage of the real or personal estate of the said Company or both; Provided, The private pro- perty of the Stockholders shall be responsible for the re- demption of the said Bonds in proportion to the Stock held by them. 61. Sec. II. Beit further enacted, That said Bonds may bear interest at the rate of eight percent, per annum. test!rcent* 62. Sec. IH. Be it fu/rther enacted, If the President May ke-sold and Directors of said Company shall be unable to nego-at auction, tiate the same at or above a par value, they may order the same to be sold at public vendue, the whole or any part o'f said Bonds to be offered in lots of not over Five Hundred Dollars each, giving ten days notice of the sale in one of the public gazettes of the city of Columbus, Georgia, any law, usage or custom to the contrary notwithstanding. 63. Sec. IV. Beit farther enacted, That the said Bonds lnwhatpay. may be drawn payable in money or in Stock of the Com-able- pany, at the option of the holder or holders, at such time and upon terms as may be set forth in the Bonds. 212 JOINT STOCK COMPANIES—1851-'2 Augusta Saving's Bank—L can Associations. _ 1 ~ 64. Sec. Y. Be it further enacted, If the holder or stockfaid in holders of any of the Ponds shall elect to take Stock in payment instead of money, the Directors, through their proper officers, shall he authorized to issue shares of Stock at One Hundred Dollars per share, and the holders thereof shall he entitled to the same privileges, benefits and fran- cliises as' the present Stockholders of said Hock Island Factory". 65. Sec. YI. And be it further enacted, That the Au- SStSWgnsta Machine "Works, hy their proper officers, shall he, 4meuworSa" and they are hereby authorized to issue their Bonds to the same amount of like denominations and rate of interest se- cured in the same manner and under the same restrictions as are hereinbefore specified in relation to the Rock Island Factory. And to cow- 66. Sec. YII. And he it further enacted^ That the priv- ManuVactur- i^eges a]Qd powers conferred upon the Eock Island Factory b.y this Act be likewise extended to the Coweta Falls Man- Factory?'r ufacturing Company and the Howard Factory. THE PEOPLES' SAVING'S BANK OF AUGUSTA. THE REPUBLICAN BLUES BUILDING AND LOAN ASSOCIATION. THE CHATHAM MUTUAL LOAN ASSOCIATION. THE FRANKLIN BUILDING AND LOAN ASSOCIATION. THE OGLETHORPE INFANTRY LOAN ASSOCIATION. Sec. 67. Saving's Bank; Sec. 68. Loan Associations. (No. 115.) An Act to incorporate a Saving's Bank in the City of Avgusia and to incorporate and confer certain powers upon certain Associa• tions therein named. Approved, January 20, 1852. 67. Sec. I. Be it enacted by the Senate and Souse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That Henry PI. Cumming, Robert H. Gardner fng^flnloTjr., George Crump, Gary F. Parish, George M. Norton, J. wrporated?" TI. Mann, Christopher C. Taliaferro, Robert F. Poe, Hen- ry Moore, James Harper, John Foster, George Jackson, James Miller, Artemas Gould and John M. Adams or a ma- jority of them, be, and they and their associates, successors JOINT STOCK COMPANIES—1851->2 2^3 Augusta Saving's Bank—Loan Associations. and assigns are hereby declared to be, a body corporate by the name and style of "The Peoples' Saving's Bank, in the City of Augusta," with all the powers and privileges, and subject to all the duties granted, specified and declared in and by an Act passed on the 18th December, 1827, en- titled an "Act to incorporate the Savings' Bank of Augus- ta," which are hereby granted and continued to them for the purposes of their Association. 68. Sec. II. And ~be it further enacted, That the mem- . bers of "The Republican Blues Building and Loan Asso- Assodl w ciation," and of "The Chatham Mutual Loan Association" acorporate» of the City of Savannah, and the members of "The Frank- lin Building and Loan Association," and of "The Ogle- thorpe Infantry Loan Association," of the City of Augusta, respectively, their successors and assigns, be and they are hereby made and created, bodies politic and corporate, for the purposes of their association, and under the Constitu- tions and By-Laws heretofore respectively adopted by them, with power to sue and be sued, to make and adopt all such rules and regulations and amendments of their said Consti- tutions and By-Laws as they may deem advisable, with power to receive and hold and dispose of any and all pro- perty conveyed or mortgaged as security for any loan or debt; and no member of either of said associations shall transfer any portion of his or her shares or interest therein, without the consent of the Directors, unless all debts and loans due from him shall be paid. 214: JUDICIARY—supreme court—1851~'2. Clerk's Cost. JUDICIARY* TITLE XV. I. SUPREME COURT. II. SUPERIOR AND INFERIOR COURT. I. SUPREME COURT. Sec. 1. Clerk's Cost. Sec. 7. Trial of reversed cases. " 2. Amendments. " 8. Act; when to take effect. " 3. Original Bill of Exceptions. " 9. Relief of certain suitors. " 4. Opinions recorded. " 10. First & Fifth Districts changed " 5. Proceedings vs..defaulting Clerk. " 11. Sessions at Americus. " 6. Judge; resigning, dying, &c. " 12. From Talbotton to Columbus. (No. 116.) An Act to repeal the first and second sections of an Act approved 23d February, 1850, entitled an Act to curtail the labor of the Supreme Court, and to reduce the cost in said Court, and to au- thorize amendments in said Court. Approved, January 19, 1852. 1. Section I. 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 Act reducing the same, That the first and second sections of the ahove cost repealed. recjte(} pe anc[ the same are hereby repealed.-}* (Ho. 117.) An Act to regulate the practice of the Supreme Court and of the Superior Courts of this State, and for other purposes, and to re- lieve suitors in the Supreme Court, and to change the districts, times and places, of holding the Supreme Court. Approved, January 22, 1852. 2. Section I. Be it enacted by the Senate and House of Representatives of the. State of Georgia in General As- * For Act in reference to establishment of lost papers in Justices' Courts, see Title XVI., Justices of the Peace. For Act organizing the Court of Ordinary, see Title "Executors, dec." Art I. t For this Act see New Digest, 454. See also Post- Sec. 4. JUDICIARY—supreme court—1851—'2. 215 Amendments—Original Bill of Exceptions—Recording Opinions. sembly met, and it is hereby enacted by the authority aforesaid, That when the original writ of error, original Amendment citation and notice, and the original bill of exceptions,ins r" shall be filed and served within the time prescribed by law, no cause pending in the Supreme Court shall be dismissed, but any other-error or defect shall be amended instanter,* 3. Sec. II. And be it further enacted, That the original bill of exceptions, after being filed in the Clerk's office of otriIx , ,i continue Ses- the Superior Court oi .Baker county shall hereafter at thesion 38 lons discretion of the Judge, he continued from week to week ^necessary" as long as may be required to do the business, or the said Court may be adjourned to any convenient time, so that the business of the Court be not unnecessarily delayed. 26. Sec. II. The presiding Judge is hereby authorized to retain the two panels of Grand and Petit Jurors beyond fcurS the week for which they were severally drawn, and in his discretion he may equalize the service between them ac- cording to the length of the term. 27. Sec. III. The presiding Judge may, in his discretion, draw a distinct panel of Grand and Petit Jurors for each ^TraWeis. week of each adjourned term of said Court, and have them numbered and summoned for the week during which their services will be required; and in such case the said Jurors shall be discharged at the end of the week for which they were summoned. (Uo. 123.) An Act to altir and change the time of holding the Superior Courts in the county of Marion, to allow said county two weeks instead of one for the term of said Court, to authorize the Judge of said Court to draw two panels of Grand and Petit Jurors, and to au~ thorize and require the Justices of the Inferior Court of said county to draw an additional panel for the next term of said Court. Approved, December 10, 1851. 28. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the time of holding the Superior Courts in the county of Ma- Set;giong rion shall be on the fourth Mondays in February and Au- gust, instead of the-first Mondays in March and September; M°a"kn?f that said county shall 'have two weeks instead of one for 221 JUDICIAKY—sup'r and inf'rc'ts, sessions &c.—1851-2 Superior Courts of Marion—Sessions in Macon Circuit. Judge may the terras of sai(l Courts; that the Judge of said Superior paneisof0 Courts shall hereafter draw two panels of Grand and Petit Jurors. Jurors for each term of said Superior Court, the panel for the first week to be known as No. 1, and the panel for the second week to be known as Jury No. 2. 29. Sec. II. And be it further enacted by the authority infeiiOTof aforesaid, That the Justices of the Inferior Courts of said ed°fo diaTtbr county of Marion are by this Act authorized and required next court, to meet at the Court House on the fourth Monday in Janu- ary next, and. draw from the Jury box of said county another panel of Grand and Petit Jurors to serve the second week at the next term of said Court under this Act. 30. Sec. III. And be it further enacted by the authority Parties^wit- aforesaid, That all parties, whether jurors, suitors or wit- bound to' nesses, bound by subpoena, summons or recognizance to ap- attend. pear "before said Superior Court on the first Monday in March next, shall by this Act be bound to attend said Su- perior Court on the fourth Monday in February next, and that all bills, writs and processes made returnable to said Wius retuma- Qonr{. on brst Monday in March next shall be held and considered as returnable to the fourth Monday in February next. Sec. IV. And [be it further enacted by the authority daSfeling aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 121). An Act to regulate and fix the times for holding the Superior Courts in the Macon Circuit, and to fix the time for holding the Inferior Courts of Bibb county. Approved, Jan. 12,1852. 31. Section I. 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 several Superior Courts of the Macon lupl°rior0f Circuit shall be held as follows, viz: M°aucOTm In the county of Crawford, on the second Monday of Circuit. March and September, in each and every year. In the county of Twiggs, on the third Monday in March and September, in each and every year. In the county of Macon, on the fourth Monday of March and September in each and every year. JUDICIARY—sup'r and inf'r c'ts, sessions, &c.—1851-'2. 225 Witnesses &c. to att end—Inferior Courts of Bibb. „ ^ Sj In the county of Dooly, on the second Monday in April and October, in each and every year. In the county of Houston, on the fourth Monday in April and October, in each and every year. In the county of Bibb, on the second Monday in May and November, in each and every year. And the Courts in the counties of Dooly, Macon and Houston shall hold their sessions two weeks each, if the business thereof require it. 32. Sec. II. And he it further enacted hy the authori- ty aforesaid, That in and for each of the counties of Bibb, $jSrSSf Houston, Dooly and Macon, there shall be drawn two pan- nels of Grand and Petit Jurors, between which the service ai^Mac(m» shall be apportioned by the presiding Judges, respectively, as near as they may be able to do at the opening of the Courts respectively. 33. Sec. III. And lye it further enacted by the authority aforesaid, That all persons summoned, subpcenedor bound & Infe-inferior court rior Court of the county of Bibb shall be held on the secondofBlbb- Monday in January and July. 35. Sec. Y. Andbe it further enacted by the authority Repealin aforesaid, That all laws and parts of laws militating against clause.1"3 this Act,, be and the same are hereby repealed. 15 226 JUDICIARY—sup's and inf'k coubts, sessions—1851-'2. Southwestern Circuit (No. 125.) An Act to alter and fix the time of holding the Superior Courts in the Southwestern Circuit, and to change the time of holding the In- ferior Courts in the counties of Sumter and Lee, and to require the Judge of said Circuit to hold Court two weeks in Sumter and Lee at each term of said Court, if the business is not disposed of in a shorter period, and to draw two panels of Grand and Petit Jurors in said counties of Sumter and Lee ; and to legalize the adjourned terms of Decatur, Early and Baker Superior Courts, and to change the time of holding the Fall Term of the Superior Court in the county of Stewart. Approved, January 12, 1852. 35. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, omd it is hereby enacted by the authority of the same, That from and after the passage of this Act, the stu>erior°f ^me holding the Superior Courts in, the Southwestern sHStem Circuit, shall be as follows: Circuit. In the county of Sumter, on the second Monday in Feb- ruary and August. In the county of Randolph, on the second Monday in March and September. In the county of Early, on the fourth Monday in March and September. In the county of Decatur, on the second Monday in April • and October. In the county of Raker, on the third Monday in April and October. In the county of Lee, on the first Monday in May and .November. , 36. Sec. II. And be it further enacted by the authorii/y aforesaid,j That all persons summoned, subpoenaed or bound An persons to as suitors, witnesses, jurors, or in any other capacity, to at- attend. tend said Courts at the terms which by the law now in force, said Superior Courts are to be holden, shall be and are hereby required and bound by virtue of said summons, subpoena or other process heretofore issued, to attend said Courts at the time specified in this Act. 37. 'Sec. III. And be it further enacted,\ That all suits Suits, writs, recognizances, precepts and processes, whatever, heretofore &£ed.be ^ issued returnable to the terms of said Courts as now fixed by law, shall be considered and held as returnable to the terms of said Courts as fixed and determined by this Act. -38. Sec. IY. And be it further enacted, That the Judge juToilforelsofof the Superior Court of said Circuit at each term in the Lee^countles. counties of Sumter and Lee, shall draw two panels of Grand and Petit Jurors, to be designated as panels number one JUDICIARY—sup's and inf'r courts, sessions—1851—'2. 227 Sumter and Lee Counties—Adjourned Courts. and two, respectively ; panel one, to serve the first week, and panel two to serve the second week of the terms of said Courts; and the Judge of said Circuit required to hold Court two weeks in the counties of Sumter and Lee, if the business is not done in a shorter time. cSSfof Lee 39. Sec. Y. And be it further enacted, That the timeand Sumter- of holding the Inferior Courts of the county of Sumter shall hereafter be held ori: the second Monday in May and Xo- vember, and the Inferior Courts of the county of Lee shall hereafter be held on the fourth Monday in January and July, jurors &c.s 40. Sec. YI. And be it further enacted, That all Jurors tow^umed. drawn and summoned, and all writs, precepts and processes of all kinds shall be returned to the time specified for hold- ing the Inferior Courts in said counties of Sumter and Lee. P^tam ad. 41. Sec. YII. Be it further enacted, That the ad-oo^s legal- journment of Decatur county Superior Court to the second z Monday in January 1852, and the adjournment of Early county Superior Court to the third Monday in January 1852, and the adjournment of Baker county Superior Court to the second Monday in February, 1852, be and the same are hereby declared legal and valid, and all business transacted at the said adjourned terms shall have the same force and validity as if done at a regular term of said Courts, of 42. Sec. YIII. And be it further enacted, That the Fall j£SVoun. Term of the Superior Court of Stewart county shall be held ^ on the third Monday in October, in each year. Repealing Sec. IX. Andhe it f urther enacted by the authorityclause> aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (Xo. 126.) An Act to change the time of holding the Spring Term of the Superior Court in Clark county, and to authorize and require the Judge of the Superior Courts of the Western Circuit to hold Court two weeks at each Spring Term of said Court in Clark county unless the business of said Court can be done in a shorter time, and to provide for the same and fix the time of holding the Inferior Courts of Floyd, Forsyth, Chattooga and Appling counties. Ap- proved, January 17, 1852. 43. -Section I. Be it enacted by the Senate and House of Representatives of^ the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of 223 JUDICIARY—sup'r and inf'r courts, sessions—1851-'2. Superior Court, Clark County. iupeno^rm tfie same, That from and after the ensuing first term of the cfark.of Superior Court of the county of Clark, to be held on the second Monday in February next, the time of holding the first or February term of said Court shall be altered and changed to the first Monday in February in each and every year. Session to 41. Sec. II. And be it further enacted by the au- cSe°two thority aforesaid, That after the time at which the first wee s' section of this Act is to take effect, it shall be the duty of the Judge of the Superior Courts of the Western Circuit to hold Superior Court in Clark county for two weeks at each Spring or February Term of said Court, unless the business of said Court can be done in a shorter time. 45. Sec. III. And be it further enactedby the authority ofjuMK to aforesaid, That at each and every August Term of the be drawn. Superior Court of said county of Clark, hereafter to be held, separate and distinct panels of Grand and Petit Jurors shall be drawn for the succeeding or February Term of said Court in the same 'manner as said Jurors are now drawn; one panel of Grand and Petit Jurors to serve the first week of said February Term of the Superior Court, and to he thence discharged for the term, and the other, or second panel of Grand and Petit Jurors to serve the second week of said term, and all of said Jurors shall be summoned to serve in such manner. .46 Sec. IY. And he it further enactedby the authority hlw resumed, aforesaid, That all writs, bills, precepts, subpoenaes and processes returnable to said February Term of the Superior Court of Clark county shall be returned and served in ac- cordance with this change. 47. Sec. Y. And he it further enacted, That the time inferior of holding the Inferior Courts of Floyd county shall be on Fioycfof lhe third Monday in April and October, in each and every year, and that all suits, precepts and processes returnable to said Courts as heretoforeheld, shall stand returnable to the terms of said Courts as prescribed in this Act. inferior 48. Sec. YI. And he it further enacted, That the time Chattooga of holding the Inferior Courts of Chattooga county shall, county. from and after the first Monday in February next, be on the third Monday in April and October, in each and every year; and that all suits, precepts, and processes returnable to the said Courts as heretofore held, shall stand returnable to the terms of said Court as prescribed in this Act; Provi- ded, That no Court shall be held on the third. Monday in April immediately succeeding the first Monday in February next, inferior 49. Sec. YII. And De it further enacted, That the time pi?nfT0 r* of holding the Inferior Courts of the county of Appling JUDICIARY—sup'r and inf'r c'rts, sessions, &c.—1851 -'2. 229- Superior Courts—Taliaferro, Marion and Elbert. shall be on the first Monday in February and August, in stead of the third Monday in June and December. 50. Sec. YIII. And be it further enacted, That the superior time of holding the Inferior Courts of Forsyth county shall ^XcounfyT be on the secoiid Monday in January and July in each and every year, and that all bonds, writs, precepts and processes heretofore made or issued, shall be returnable to said Courts asj fixed by this Act. (No. 127.) An Act 'to change the times of holding the Superior Courts of the counties of Taliaferro, Madison, and Elbert, and the Inferior Court of the county of Heard. Approved, January 22, 1852. 51. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the superior Superior Courts of the counties of Taliaferro shall be held hS,0®." on the fourth Mondays in February and August, in each sbert,aud E1 and every year; the Superior Courts of the county of Madison shall be held on the first Mondays in March and September, in each and every year ; the Superior Courts of the county of Elbert shall be held on the second Mon- days in March and September of each and every year ; Writg &c. and that all writs, processes, and other matters heretoforehowenforced returnable, or that may hereafter be made returnable to said Courts respectively, shall be made in accordance with the alterations herein made; and all witnesses, parties, and jurors, shall be bound to attend said Courts respec- tively, at the times herein designated; Providey the Senate and House of Representatives of the State of Georgia in General As- sembVy met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Superior Courts of the county of Monroe shall be held on Superior the fourth Monday in February and August; the Superior Ftofufrcuit. Courts of. the county of Butts shall be held on the second Monday in March and September of each year; the Supe- rior Courts of the county of Newton shall be held on the third Monday in March and September of each year; the Superior Courts of the county of Pike shall be held on the first Monday in April, and Tuesday after the first Monday in October, of each year; the Superior Courts of the coun- ty of Henry shall be held on the third Monday in April and October of each year; the Superior Courts of the coun- ty of Upson shall be held on the first Monday in May and November of each year; and the Superior Courts of the county of Spalding shall be held on the third Monday in May and November of each year; and said Superior Courts shall sit two weeks in each of the counties of Monroe, New- ton, Henry, Pike, Upson, and Spalding, provided the bu- siness in said counties make it necessary. 54. Sec. II. And be it further enacted by the authority Superior (foresaid, That from and after the passage of this Act, the c &c.. precepts and processes, of any kind or nature whatever,how r®turne^ shall be made returnable to the several terms of said Courts herein specified. 57. Sec. Y. And be it further enacted, That the Justi~Twopanelgof ces of the Inferior Courts of the counties of Henry, Spald- ing, Meriwether, Fayette, and DeKalb, as soon as conve- nient after the passage of this Act, shall draw an additional Dtkaib.an panel of Grand Jurors, and an additional panel of Petit Jurors, for each of said last named counties, to serve the last weeks of the terms of said Courts, in said last named counties. 58. Sec. YI. Andbe it further enacted by the authority aforesaid, That it shall be the duty of the Judge of the I lint Circuit, at each term hereafter held, to draw two panels of Grand Jurors, and two panels of Petit Jurors, for each of the counties of Henry, Upson, and Spalding, to pa be designated as panels number one and two; panel num- ber one to serve the first week of the term of said Court, and panel number two the second week. 59. Sec. YII. And be it further enacted, That it shall be the duty of the Judge of the Coweta Circuit, at each Two panels term hereafter held, to draw two panels of Grand Jurors, Meifwe'therf and two panels of Petit Jurors, for each of the counties ofSte&l&earfi Meriwether, Coweta, Fayette, and Heard, to be designated as panels number one and two; panel number one to serve the first week of the terms of said Courts, and panel num- ber two the second week; and to draw three panels of Three of Petit Grand Jurors, and three panels of Petit Jurors, for each of Troup aka " the counties of Troup and DeKalb, to be designated asDeKalb* . panels number one, two and three; panel number one to serve the first week in each term of the Court of the county for which they were drawn; panel number two to serve the second week; and panel number three the third week. 232 JUDICIARY—sup'k and inf'k c'rts, sessions, &c.—1851-'2# Inferior Courts of Upson, Pike, Spalding, and Early. 60. Sec. YIII. And be it further enacted by the authori- ty aforesadd, That from and after the passage of this Act, o?u'pso£ourt th° time of holding the Inferior Court of the county of Upson, shall be on the first Monday in February and Au- gust in each year ; the time of holding the Inferior Court o'f Pike, of the county of Pike, shall be on the first Monday in Jan- uary and July of each year; and the time of holding the Inferior Court of the county of Spalding, shall be on the Of spaidmg. third Monday in January and July of each year. 61. Sec. IX. Andbe it further enacted. That all persons An^pe^rw to summoned, subpoenaed, or bound as suitors, witnesses, ju- e notlce' rors, or in any other capacity, to attend said Inferior Courts at the time which by the laws now in force they are hold- en, shall be bound by said bond, summons, subpoena, or other process heretofore issued, to attend said Courts at the times specified in this Act. 62. Sec. X. And be it fwrther enacted, That all writs, writs, &c. precepts and processes, of any kind or nature whatever, shall be made returnable to the several terms of said Infe- rior Courts, herein specified. Repealing Sec. XI. And be it further enacted, That all laws clause.1 and parts of laws militating against this Act, be repealed. {No. 129.) An Act to change, alter, and fix. the time of holding the Inferior Courts in the county of Early. Approved, January 22, 1852. 63. Section I. Be it enacted hy the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the time of holding the Inferior Courts of of Early com ^'e county of Early, shall after the January term next, be ty. ar7COun*go changed and fixed that it shall be holden on the third Monday in July and January, instead of the second Mon- days in said months, as heretofore provided by law. And Writs, &c« writs, precepts and processes, returnable to said Court heretofore, shall be, and they are hereby, made re- turnable and triable on the third Monday as aforesaid; any law to the contrary notwithstanding. JUDICIARY—sup's and inf'e c'ets, sessions, &c.—1851-'2. 233 Inferior Courts of DeKalb, Can-oil and Harris. (No. 130.) An Act to alter the time of holding the Inferior Courts for the coun~ ties of DeKalb and Carroll. Approved, January 7, 1852. 61. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Inferior Courts of the county of DeKalb shall be held on Infeiior C0UrtB the third Mondays in June and December, instead of theofDeKalb' fourth Mondays of said month, as now provided for by law. 65. Sec. II. And be it further enacted, That the time of holding the Inferior Courts of the county of Carroll, be inferior courts changed so as to be held hereafter on the fourth MondaysofCarro11- in May and November, in each and every year; Provided, That nothing in this Act shall be so construed as to pre- vent the holding of the next regular term of said Court, at the time heretofore prescribed by law. Sec. III. Be it f urther enacted by the authority afore- Repealing said, That all laws and parts of laws militating againstclause- this Act, are hereby repealed. (No. 131.) An Act to alter the time of holding the Inferior Court of Harris county. Approved, January 22, 1852. 66. Section I. Be it enacted by the Senate mid House of Representatives of the State of Georgia, in General ' Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the rnferi0r court time of holding the Inferior Court in and for the county ofof Harris* Harris, is hereby altered and changed from the fourth Monday in July and January, to the second Monday in t June and December. ^ Sec. II. And be it f urther enacted by the authority aforesaid, That all laws and parts of laws militating against Repealing this Act, be and the same are hereby repealed. 234: JUDICIARY—sttp'r and inf'r c'rts, action, &c.—1851-'2. Process of Deputy Clerk—Service of scire facias art. ii. action—proceedings therein, &c.* Sec. 67. Process issued by Dep. Clerk. Sec. 71. By Ward or Guardian's Bond. " 68. Sci. fa,—bow issued and served. " 72. Suit vs. Sureties alone. " 69. Suit on Adm'r. and Executors " 73. Principal's property first ex- Bond. hausted. " 70. By legatee or distributee. (Uo. 132.) An Act to legalize and make valid any process heretofore signed by Deputy Clerks, or which may hereafter be signed by them. Approved, January 22, 1852. 67. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Process issued ^l& same"> That all processes which, may have hitherto is- by°de?utyu sued, or may hereafter issue, from the Superior and Infe- valid.ecree rior Courts of this State, signed by the Deputy Clerk, either in his own name or that of the Clerk, shall not be dismissed, but the said process shall be as sufficient in law as though the same had been signed by the Clerk himself,f any law to the contrary notwithstanding. (m 133.) An Act to define and point out the mode of service of Writs of scire facias. Approved, January 22, 1852. 68. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That all writs of scire facias shall be directed to sci. fa., how all and singular the Sheriffs of the State of Georgia, and served.^ copies thereof issued by the Clerk of the Court in which said scire facias is pending, may be served by the Sheriff of the county in which the party to be notified may reside, and the original returned to the office of said Clerk, and * For Act in reference to the lien of judgments, on property sold to bona fide purchaser, see Art. VI., Limitation of Actions, Sec. — t See County Officers, Sec. 6, for similar Act passed by same Assembly. JUDICIARY—sut'r and inf'e c'rts, action, &c.—1851-'2. 235 Suits on Administrators, Executors and Guardians Bonds—Sureties. tliat an original and copy or copies may issue for each county in which any party to be notified may reside.* And be it further enacted, That all laws and parts of Repealing laws militating against this Act, be and the same areclause* hereby repealed. (Uo. 131.) An Act to regulate the mode of sueing the Bonds of Executors, Administrators, and Guardians. Approved, January 15, 1852. 69. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and vt is hereby enacted by the authority of the same, That upon the rendition of a judgment in favor uPOn jud?. of a party against an Executor or Administrator, upon any AdmiSalor liability of the decedant, and a return of nulla bona by an®retum°of the Sheriff or other officer authorized to make the same,mttma-yVe' the said party may at once proceed to sue the bond of the Z°mbZdcvs. Administrator' or Executor, and may recover judgmentand against the principal and his sureties in the same action; and if the principal has removed beyond the limits of this State, or has departed this life, and has no legal representa- tive, then he may sue the sureties on said bond. 70. Sec. II. And be it further enacted, That when Legatee M any Executor or Administrator shall fail to settle and ac-^itmt^ count with any distributee or legatee of the estate he rep- resents, it shall be lawful for such distributee or legatee to ance" institute his suit upon the bond of such representative in the first instance, and to recover judgment against the principal and his sureties, without a suit against the Ad- ministrator or Executor in his representative character. 71. Sec. III. And be 'it further enacted, That when any Guardian shall fail or refuse to settle and account with his ward, upon his coming of age, such ward may institutedian- his suit in the first instance against his Guardian and sure- ties, without first sueing the Guardian. 72. Sec. IY. And be it further enacted, That when ffiipaUan. in any of the before mentioned cases, the Administrator, the sureties Executor or Guardian, shall remove or reside beyond thefiminsetanoe!c * For former Aets on the subject of scire facias, see New Digest, 474, 476. For decision of Supreme Court upon the law prior to the pessage of this Act, see X Ga. Rep., 557. 236 JUDICIAKY—sup. and inf. c'rts, habeas corpus.—1851-2. Notice of Application for Writ. limits of tins State, or shall place himself in such a situa- tion as that by the laws of this State an attachment would lie against a debtor, it shall be lawful for a party in inter- est to institute his suit against the sureties of the bond of such Administrator, Executor or Guardian, in the first in- stance, without a judgment against either, in his representa- tive character. 73. Sec. Y. And be it further enacted, That when judg- Principal's ment shall be obtained against principal and sureties, as S^fSifausted aforesaid, the property of the sureties shall not be levied on until that of the principal shall be exhausted, which shall be evidenced by a return of nulla bona / and that all laws militating against this Act, be and the same are hereby repealed.* ART. in. HABEAS CORPUS. (ATo. 135.) An Act to require persons applying for a writ of Habeas Corpus ad subjiciendum,, in any State case, to give the prosecutor notice of the time and place when said application will be heard. Ap- proved, January 22, 1852. 74. Section I. Be it enacted by the Senate and House of Representatives of the State of Qeorgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that no Court shall sit upon and determine any application for Sfento0pros- a wr^ habeas corpus ad subjiciendum, in any case, ecw«on ofap- unless the applicant for said writ, or his attorney at law, writ ad sub- spall haye previously given timely notice to the prosecutor, or his attorney, of the time and place of the meeting of the Court to determine upon said application ;f Provided, Said prosecutor, or his attorney, resides in the county where the person is confined. Sec. II. Be it further enacted by the authority afore- said, That all laws militating against this Act, be and the same are hereby repealed. jiciendum. Proviso. Repealing clause. * For former Act on this subject, and the construction given thereto by the Supreme Court, see New Digest, 484, and Note 1. t See New Digest, 543, 1131. JUDICIAKY—sup. & inf. c'rts, iiusb'd & wife, lien—1851-2. 237 Husband Deserting Wife—Lien of Machinists and others. art. iv. husband and wife. [1] (No. 136.) An Act for the relief of married women, whose husbands have de- serted them. Approved, December 30, 1851. 75. Be it enacted hy the Senate and House of Repre- sentatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That in all cases where a married woman has been deserted by her husband, and has, while so deserted, byS^tht6* her exertions and those of her children, or otherwise acquir- £fevestai£~ ed property of any kind, the same shall be exempt from theherself' payment of said husband's debts, and be vested in said married woman for her sole and separate use, not subject to the debts, constracts, or control of said husband. art. v. lien. (No. 137.) An Act to amend ah Act entitled an Act to give all persons employ- ed on Steamboats and other water crafts on the Chattahoochee, Altamaha, and Ocmulgee rivers, a lien on said Steamboats or water crafts, for his, her, or their wages, and for wood andpro- visions furnished, and to point out and facilitate the mode of the collection of the same, assented to December 7th, 1841, so as to extend the provisions of the same, and in favor of Machinists. Approved, January 19, 1852. 76. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all Machinists in this State who may fur- nish any kind of Machinery, or who may repair the same, fetiimuch^ which may be put up or used in any mill building, steam- miii,°"team- boat or vessel, in any county, or in any of the rivers or wa-L°Lt,orves" ters of this State, shall be entitled to the same lien, and may enforce it in the same way, as is provided in the Act of the General Assembly above recited in the title of this Act.* [1] A feme sole drew a lot of land, married, and husband died before grant is- sued; right to grant survives to wife. X. Ga. 786 * For the former Acts on this subject, see New Digest, 426, 428, 429, 557. 238 JUDICIARY—sup. & inf. couets, lien of actions.—1851.-2' Lien on Limitation of Judgment—Color of Title—Adverse Possession. aet. vi. limitations of actions. Sec. 77—Judgments—when enforced; Sec. 80—Deft absconding or removing; " 78—Color of Title; " 81—Limitation of Bills of Review. " 79—Adverse Possession. (No. 138.) An Act to limit the lien of Judgments, rendered in any of the Courts of this State. Approved, January 22, 1852. 77. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the property1 sow samei That from and after the passing of this Act, no Judg- purchaser of men^ rendered in any of the Courts of this State, shall be yealya£r per. enf°rced by the sale of any property, real or personal, which =yn2 Per"the defendant has sold and conveyed to a purchaser for a valuable consideration and without actual notice of such Judgment; Provided, Such purchaser or those claiming under him by such sale and conveyance, have been in peaceable possession of such real estate for four years, and of such personal property for two years before the levy shall have been made thereon.* »Xfns Sec.II. And be it further enacted, That all laws and parts of laws militating against this Act,- be and the same , are hereby repealed. coloe of title—adverse possession. (No. 139.) An Act amendatory of the Statute of Limitations. Approved, January 22, 1852. 78. Section I. 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 Fraudulent ^he same-> That possession of real estate adverse to the of ti- plaintiff for a period of seven years, under color of title, tie to onehav-shall protect a defendant in ejectment from recovery, and ing malice. r * * ' *By Act of 1822, (New Digest 497,) Sec. iv., seven years of realty and four years of personalty. Repealed by tbis Act. JUDICIARY-WrtrSUP. & INF. COURTS, LIEN OF ACTIONS. 1851-2. 239 Color of Title—Statute of Limitations. bar the plaintiff's riglit of entry forever, bnt no color of ti- tie shall arise under a forged or fraudulent conveyance, process or record of any kind. " When the person claim- ing title had notice of the fraud;" Provided, That no-feseSki. thing in this Act, shall be construed so as to effect any title which has already accrued under the law now of force. 79. Sec. II. And be it further enacted by the authority aforesaid, That possession alone without title shall not con- ^r1sp^d- stitute adverse possession, but such possession shall beveree TitJe' deemed and held as subservient to the person holding legal title. Sec. III. And be it further enacted,\ That all laws Repealing militating against this Act, be and the same are hereby re-clause* defendant absconding- or removing. (No. 140.) An Act to stop the running of the Statute of Limitations in all cases where the defendant shall abscond, or remove beyond the limits of this State. Approved, January 1, 1852. 80. JBection' I. Be it enacted by the Senate and House of Pepresentatives of the State of Georgia in General statute do^_ Assembly met, and it is hereby enacted by the authority e^ons the same, That from and after the passage ot this Act, the removing.5 or several Statutes of this State passed for the limitation of the various kinds of actions and barring of suits, shall in all cases cease to run or operate in favor of any person against whom any right of action shall accrue, who shall absconder remove before action is brought, beyond the limits of this State until his or her return to the State.* ^Similar provision in Act of 1805, (New Digest, 564;) See also Act of 1839 ; (lb. 568,) more limited in its operation. 240 JUDICIARY—sup. & inf. courts, lieu of acuous.—1851-'2. Bills of Review. bills of review. (No. 141.) An Act limiting the bringing Bills of Review to three years from the date of the decree. Approved, December 16, 1851. 81. Sectiou I. 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 urns of Re ^ samei That from and after the passage of this Act, all view to be hills brought to review and reverse any decree of any Court threeVea'rs. of Equity of this State, shall be brought within three years from the date of the decree sought to be reviewed and re- fghtenof° per- versed, and not after; Provided.j However that this Act, Disability!' no case a;2ect the rights of persons within the age of twenty-one years, feme covert non compos mentis, or im- prisoned, who shall have three years after the removal of such disability tobring said bill of review. Sec. II. And be it further enacted, That all laws and parts of laws militating against the foregoing are hereby clause. ° repealed. Decisions of Supreme Court on this Title—A declaration may be amended so as to aver a new promise.—IX Georgia 4. Adverse possession does not operate against a minor.—IX Ga. 23. The statute does not run against a constructive trust until there is a right to sue.—IX Ga. 224. Twenty vears, to bar a cestui que trust under a deed, against the Trustee.— IX Ga. 328. . Where the consideration of a note was a parol warranty, the failure may he pleaded, though more than four years have elapsed.—IX Ga. 398. The statute runs in favor of a Sheriff, receiving money on afi. fa. from the date of the receipts.-^IX Ga. 413. A part payment, is ground to infer a new promise, and a credit on the note is evidence of it. If, however, the credit is small, and entered just before the bar of the statute, it is suspicious, and the Jury may find against it.—IX Ga, 419. A promise by one co-obliger, before the statute bars, will take the case out as tc- the others.—IX Ga. 467\ Seven years use of a gold mine, willgive a statutory right although the grant- or reserved the privilege of Working the mines.—IX Ga. 497. Where a family of slaves is held by a common title adverse possession as to one is good as to all.—IX Ga. 539. •• A judgment is presumed to be paid after twenty years.—X Ga. 178. Paper title not necessary, to make adverse possession..—X Ga. 218. Where one of several heirs is an infant, he alone is protected.—lb. The Ward's remedy against his Guardian will be barred only by twenty years. ■—X Ga. 65. So also a cause of action founded on a statute.—XGa. 162. So also the right to redeem on a mortgage—X Ga. 297. But if the mortgage is in possession and sets up title, with notice, usual limi- tations apply.—lb. If the Administrator is barred from sueing for personalty, the heir is barred also.—X Ga. 358. Widow's dower, prior to Act of 1839, was not barred by this statute—XGa. 321. JUDICIARY—sup'r and inf'r courts, mandamus—1851—'2. 241 Traverse of Return. ART. VII. MANDAMUS. Sec. 82. Return—Traverse. Sec. 83. If false—Mandamus absolute. (No. 142.) An Act to authorize the relator in any Writ of Mandamus, to tra- verse the answer or return of any person, officer, corporation, or Court, of this State, to any Writ of Mandamus issued by the Su- perior Courts of this State. Approved, January 7, 1852. 82. Section I. Be it enacted by the Senate a/nd House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from, and after the passage of this Act, Answer t0 ^ whenever any person, officer, corporation or court, of thison oath#* State, shall make any answer or return, under or by virtue * of any writ of mandamus issued by any of the Superior Courts of this State, or of any of the Judges of the said Superior Courts, the same shall be made on oath, to be taken at the time of making such answer or return, and the relator in said writ of mandamus shall be at liberty to And may be traverse the truth of such answer or return; and upontraversed% such traverse an issue shall be formed and tried by a spe- Tn-ed by sPe- cial jury at the term of the Superior Court at which saidcialjury- answer or return shall be made; and if made out of term time, then to be" tried at the term next after the making of said answer or return, as in the case of other traverses. 83. Sec. II. And be it f urther enacted,. Ac., That ifif found false,, the Jury, on the trial of the issue as aforesaid, shall find Stfu tf State's office, which prevents parties from obtaining true copies of lost grants for remedy whereof— . 1. Section I. Be it enacted Jry the Senate and House of Representatives of the State of Georgia in General As- semblymet, That whenever, upon the application of any per- f™st^ of son for a copy grant, it shall he made satisfactorily to ap- State's office* pear to His Excellency the Governor, that the original grant issued correctly, but that an error has occurred in the transcription of the same in the office of the Secretary of State, it shall be his duty to cause such error to be correct- ed, and the copy grant to issue in accordance with such corrected transcription.* *On the subject of Errors in Grants, see New Digest 656, 659. Note of Decisions of Supreme Court.—An order of the Governor correcting a supposed mistake in a grant after the rights of third persons have attached, is inoperative and void.—X Ga. 445. art. u u 248 LAND—HEAD EIGHTS.—1851-'2. Time Extended. aet. ii. head eights, land waeeants, &c. Sec. 2. Time extended; " 3. On surveys already made; " 4. Surveys excepted; Sec. 5. Surveys in Columbia; 6. Grants on transferred warrants to purchaser. (No. 148.) An Act to amend and continue in force An Act entitled an Act to amend the several Acts in relation to issuing of Head-right Grants in this State, so far as to extend the time for granting the same until the twenty-fifth day of December, 1851; and to ex- tend the provisions of said Act of the fourteenth of December, 1849, to the twenty-fifth day ofDecember, 1862. Approved, January 27, 1852. 2. Section I. Be it enacted Tjy the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of StoeDewmf the same, That from and after the passage of this Act, the ber. 1863. provisions of the above recited Act, and all the Acts of which this Act is amendatory, be and the same are hereby re-enacted and continued in force until the twenty-fifth day ofDecember, (1862) eighteen hundred and sixty-two. An Actio amend the several Acts, in relation to issuing grants on Head-rights in this State, so far as to extend the time for grant- ing the same until the twenty-fifth of December, eighteen hundred and fifty-three. Also to make valid certain surveys and grants, therein specified. Approved, January 22, 1852. 3. Sec. I. Be it enacted by the Senate, and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Time extend, the same, That any land heretofore surveyed under L|toforTeys the laws regulating surveys on head rights in this State, tta e' may be granted to the person or persons,' for whom the same may have been surveyed, upon the payment of the To 1853. usual fees by the twenty-fifth day of December, eighteen 4. Sec. II. Be it f wether enacted, by the authority of Not to effect the same, That nothing in this Act shall be so coustruea, (No. 149.) hundred and fifty-three. LAND—HEAD RIGHTS.—1851-2. 219 Lands in Columbia; Grants in transferred Warrants. as to effect any surveys, that have been made under the certain sur. provisions of the Act of eighteen hundred and forty-nine. 5. Sec. III. And be it further enacted, That in all ca-certain ^ur- ses where surveys have been made, and grants issued ^ori5||0^tjr lands described by the county Surveyor, and in said grants uf.ca v as lying in the county of Richmond, which after the issue of such grants have been ascertained by a more accurate survey of the county line to lie in the county of Columbia, in whole, or in part, the said surveys and grants shall be as good and valid to all intents and purposes, as if the said lands had been in said surveys and grants properly described. Sec. IY. 'And he it further enacted by the authority pealing of the same, That all laws and parts of laws militatingclaase" against this Act, be and the same are hereby repealed. (No. 150.) An Act for the benefit of persons purchasing Head-right warrants. Approved, January 17, 1852. 6. Section I. Be it enacted by the Senate cmd House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from, and immediately after the passage Grants on of this Act that all surveys made in this State under Head- ;s- right warrants, which have been transferred, that the grant ctt.pur" or grants to the same shall issue in the name of the pur- chaser; Provided, Satisfactory evidence of the transfer be furnished his Excellency the Governor. • Sec. II. Be it further enacted, <&c., That all laws and parts of laws militating against this Act, be and the same are hereby repealed. 250 LAND—FOEFEITED LANDS, FEACTIONS, &C.—1851-2. Grants to lots fraudulently drawn, AET. III. FOEFEITED LOTS \ FEACTIONS, &C. Sec. 7. Informers, time extended; Sec, 10. Time to purchasers of fractions; " 8. Afterward, grant to any one; " 11. Grant fees in Ware county. " 9. Grant to State's half; (No. 151.) An Act to limit the time for taking out grants to the State's half and informer's half, of any lot of land fraudulently drawn in any of the land and gold lotteries of this State, and to provide for the granting of the same, after the expiration of said time. Ap- proved, January 22, 1852. 7. Section I. Be it enacted by the Senate and Home of Representatives of the State of Georgia in General Time for in- Assembly met, and it is hereby enacted by the authority of takeeoutto the same, That the time for informers to take out grants, grams extend- tbeir half of lots of land fraudulently drawn in any of the land and gold lotteries in this State, and which had been condemned as fraudulently drawn in any judicial pro- ceeding, shall be extended until the first day of March next, and if any such informer shall fail to take out his grant by that time, that his right to do so shall be forever forfeited, and considered as reverted to the State. 8. Sec. II. And be it further enacted by the authority After ist aforesaid, That from, and after the first day of March 1852, any person or citizen of this State, by paying into the grants,°on die Treasury the sum of Two Thousand Dollars, shall be en- paying $2,'boo. titled to receive from the State, a grant, in his, her, or their name, to both halves of any lot of land, fraudulently drawn in any of the land and gold lotteries of this State, and which had been condemned as fraudulently drawn, by any judicial proceeding, and where the informer had failed to take out a grant to his half, and from and after the first April ist. day of April thereafter, by paying into the Treasury Fif- Maoist., teen Hundred Dollars, from and after the first day of May slow. ' thereafter, by paying into the Treasury the sum of One June 1st., Thousand Dollars, from and after the first day of June there- $m' after, by paying into the Treasury the sum of Five Hundred jniy ist., Dollars, from and after the first day of July thereafter, by paying into the Treasury Two Hundred and Fifty Dollars, August ist., from and after the first day of August thereafter, by pay- $25' ing into the Treasury Twenty-Five Dollars, and from and af- September ter the first day of September thereafter, by paying into lst"the Treasury the sum of Five Dollars. 9. Sec. III. And be it further enacted, That in all cases Grants to the of fraudulently drawn lots as aforesaid, where the informer LAND—FRACTIONS, FORFEITED LOTS, &0.,—1851-2. 251 Time extended for purchasers to take out Grants. hath heretofore received, or may hereafter, within the time state's half above limited, receive a grant to his half of any such lots, and no grant has passed to any one for the State's half, of. any such lot, that then, and in all -such cases, any citizen by paying into the Treasury one-half of the sum hereinbe- fore specified, shall be entitled to, and receive a grant from the Sate for the State's half of any such lot of land. Sec. IY. And be it further enacted, That all laws and Repealing parts of laws militating against this Act, be and the sameclause". are hereby repealed. (No. 152.) An Act to extend the time for purchasers of fractions and square lots of land, sold under the provisions of an Act assented to 30th December, 1847, to authorize the Governor to appoint fit and proper persons to sell and dispose of the undrawn lots in the land and gold lotteries, heretofore had in this State, and to limit the time for fraction purchasers to pay for and take out grants for fractions, to pay for and grant the same under certain conditions. Approved, January 12, 1852. Whereas, Under the provisions of the Act of the 30th De- cember, 1817, above recited, a number of fractions which were forfeited under its provisions, were sold by authority of the Governor, and some of the purchasers have failed to comply with the terms stipulated by the Governor, and whereas, some of the lots so declared forfeited and sold had been paid for in full, the purchasers thereof holding the certificates, and the Supreme Court having ruled that such certificates, bearing evidence that all the purchase money had been paid, was sufficient title— 10. Sec I. Be it enacted by the Senate a/nd House ofPejpre- Time extend. sentatives of the State of Georgia in General Assembly met, ^kf0ut° That purchasers of fractions under the provisions of the Act of 30th December, 1817, who have not paid up the ° whole of the purchase money for the fractions or lots bid off by them, be allowed until the 1st day of October next, to pay the same, and that upon their payment of said pur- chase money, as herein provided, and the payment of the grant fee, the Governor is authorized to cause grants to issue to said purchasers; Provided,, That no payment shall 252 .LAND—FRACTIONS, UNSOLD LANDS, &C. 1851-2. Price of Grants. be received upon, nor no grant issued for any lot or frac- tion, for which the whole of the purchase money had been paid previous to the 80th December, 1847, that on and af- Lot no. so inter the first day of June next, lot of land No. 60 (sixty) in toteweid.co;the 7th (seventh) district of Gwinnett county, drawn by Stephen Murray, of Burke county, shall, if not previously granted, revert to the State, and shall be sold by order of the Governor at public outcry before the Court-House door of said county at such time, and under such rules and reg- ulations as he may appoint, and on the purchaser comply- ing with the terms of such sale, a grant shall issue of such land to such purchaser. (No. 153.) An Act to fix the price of Grants for lands in the Tenth and Elev- e nth'Districts of Ware County, sold under an Act passed the eleventh day of February, Eighteen Hundred and Fifty. Ap- proved, January 20, 1852. "Whereas, An Act was passed on the eleventh day of Feb- ruary, eighteen hundred and fifty, authorizing the Gov- ernor to have surveyed and sold, the unsurveyed lands in , Ware county,* and. whereas, said Act does not fix the price Grant fees to n , x» "j l "1 lands in ware of grants, for said lands.— 11. Sec. I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia m Gen- eral Assembly met, and it is hereby enacted by the authorb- ty of the same, That the price for grants for full lots shall be Two Dollars, and for fractional lots under three hundred acres, One Dollar. Note of Decisions of Supreme Court.—Under our Statutes pointing out a mode of Partition, a Court of Equity will take jurisdiction of the matter, except incases of special difficulty.—IX Ga. 1. The Act of 1847, providing for the forfeiture of fractional lots which had he en paid for, but for which grants had not issued, is unconstitutional and void X Ga. 190. LAWS—1851-'2. Mode of Publishing the Laws Prescribed. 253 LAWS. TITLE XVIII. Sec. l. Mode of publication; Sec. 3. Compiler—Duty. " 2. To be bound; (No. 154.) An Act to prescribe the manner in which the Laws of this State shall be printed and published. Approved, January 12, 1852. Whereas, The body of the Statute Laws of this State is - increasing so rapidly as to render any future Digest of the same almost impracticable, and whereas, it is important and desirable that the Acts of each successive Legislature shall be published in so convenient and durable a form as to Constitute from this time a series of Statutes at large,. 1. Sectiox I. Be it enacted by the Senate cmd House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of the public printer for the time being to print and publish the Acts of the present the and all future Legislatures in a form uniform in size, and ' in style equal in mechanical execution to the new Digest of the Statute Laws of Georgia. 2. Sec. II. Be it furt%er enacted, That in order toGovemor preserve the Laws from destruction, it shall be the duty of Shbouaii. His Excellency the Governor, to have the same bound at a price not exceeding thirty cents per volume. 3. Sec. III. Be it further enacted,, That it shall be the governor to duty of His Excellency the Governor to procure some fit and proper person to-prepare the several Acts for publica-Hisduty. tion, whose duty it shall be to distinguish the Public Laws from those that are private and local; to arrange the Pub- lie Laws under appropriate titles; to prepare for publication side notes and head notes, for convenience of reference ; to add notes referring back to such previous legislation as may be modified or repealed; and notes giving the decisions of the Supreme Court upon that subject matter since the last publication of the Laws, together with a copious index.* *Under the provisions of this Act these Acts are arranged. 254 LUNATIC ASYLUM—1851-'2. Appropriations—Contracts. LUNATIC ASYLUM * TITLE XIX. Sec. 1." Appropriations—Contracts. Sec. 2. Use of convicts in Penitentiary. (No. 155.) An Act to appropriate money for making useful and necessary im- provements in connection with the Lunatic Asylum. Approved, January 15, 1852. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgai, in General Assem- bly met, and, it is hereby enacted by the, authority of the the same, That the sum of Twenty-Four Thousand Eight fLiwDcniare Hundred Dollars, or so much thereof as may be necessary or repaus. appropriated for making such useful and necessa- ry improvements in connection with the Lunatic Asylum as may be deemed important and necessary to the interests of the Institution, by the Board of Trustees and His Excel- lency the Governor; Provided, That all contracts for build- Swnnacu. ings and improvements-contemplated by this Act shall be subject to letting by sealed proposals after being advertised for two months previous to such letting, in three of the principal gazettes of this State, be selected by the Govern- Debts to be or, ana, Provided also, that the debts of said Institution be paid# paid out of said sum. 2. Sec. II. And be it further enacted, That the con- Penitentiary Vdcts *n Penitentiary shall be employed in constructing such works as they or any of them may be competent to work. 18 perform, and that the work done by said convicts shall be credited to the Penitentiary, and the amount of their labor be paid over to the principal Keeper thereof. Sec. III. And be it further enacted, That all laws and Repealing parts of laws militating against this Act, be and the same cdBSe' are hereby repealed. • *As to Lunatic Slaves, see Title "Slaves," &c. MILITIA—1851—'2. Privileges to Cavalry Corps—Squadrons, &c. 255 MILITIA. TITLE XX. Sec. 1. Exemption of Cavalry Corps. Sec. 10. Officers—Election, &c. 2. Squadrons of Cavalry. 3. Two to form a Regiment. 4. Act of 1822 extended. 5. Squadron 1st division,exempted. 6. Organization of reg't of Cavalry. 7. Baldwin Blues incorporated. 8. 1st Reg't, 1st Brigade, 1st Div. 9. Arrangement of Beats. 11. Re-organization of Regiment. 12. Augusta Guards incorporated. 13. Officers—Court of Inquiry. 14. Exemptions of Members. 15. Report to Civil Officei*s 16. Notice of Ct. Mart'l, 10th Reg't. 17. Executions, 10th Regiment. (No. 156.) An Act to grant exemptions to Cavalry Corps, and for the forma- Hon of Squadrons of Cavalry, and to confer certain privileges upon the Baldwin Blues. Approved, January 22, 1852. 1. Section I. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia in General As- semhly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all ^ep™^mex- members of Cavalry Corps in this State, be and they, areroadduty- hereby exempted from the performance of road duty.'* 2. Sec. II. And he it further enacted, That Squadrons sqnadrons o: of Cavalry may be formed in any Division, Brigade or b^rmS m Regiment in this State, and such Squadrons shall be at- & tied to a full staff. 11. Sec. IY. And be it further enacted by the authority aforesaid, That the organization of said Regiment be left to a convention of the commissioned officers attached Reorgani-z!W to said Regiment, and the said re-organization be comple- ted within three months after the passage of this Act. Sec. Y. And be it further enacted by the authority aforesaid, That all Acts and parts of Acts militating Repeal;^ against this Act, be and the same are hereby repealed. .clau3e* 258 3HLITIA—lS51-'2. Augusta Guards. (No. 158.) An Act to incorporate a Volunteer Corps of Infantry in the City of Augusta, and to grant unto it certain privileges ;* also to amend the Militia Laws of this State, so far as relates to the Tenth Regiment. Approved, December 17, 1851. 12. Section I. Be it enacted T>y 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 Volunteer Corps of Infantry now exist- Guardflncor-ing in the city of Augusta, under the name of "Augusta porated. Guards," he and the same is hereby incorporated and made a body politic and corporate, by the above name, and by that name, or any other which a majority of said corps shall select, be and they are hereby made capable in law to sue and be sued, plead and be impleaded, and to have a privileges!^ common seal, and to hold such property real and personal, by gift or purchase, as may be found necessary for the convenient and beneficial administration of the affairs of the said corps, with authority to establish by-laws for the government thereof; Provided, Said by-laws shall not in- fringe the Constitution and laws of this State, or of the United States ; and the Governor, on the requisition of the Captain, be requested to furnish the said corps with arms. 13. Sec. II. And be it further enacted, That the offi, officer cers of said Company shall be as follows: that is to say, for forty rank and file, including non-commissioned officers, one Captain, one First Lieutenant, one Second Lieutenant, one Third Lieutenant, and one Ensign, and said officers coart of in constitute a Court of Inquiry, to hear and determine qu£y.0 n on all cases of delinquency or breach of the by-laws of said corps, as well as all trials for unmilitary and ungentleman- ly conduct, and to award suitable punishment therefor, from whose decision there may be an appeal to a Division Appeal. Court Martial, convened by the Major General of the Se- cond Division of Georgia Militia; and in case of no appeal within ten days after the award of judgment by said Court of Inquiry, the said judgment shall be final, and enforced judgment. ag qecrees 0f sajq Courts of Inquiry are directed to be en- forced by the laws of .this State. - II. Sec. III. And be it further enacted, That all per- Miuriaduty™ sons enr°He(i as members ot said corps, or who may here- ' after enrol themselves members thereof, shall be exempt, * For other Acts in reference to Volunteer Companies—See Part II, " Private and Local Laws." MILITIA—i.S5I-'2. 259 Augusta Guards—Tenth Regiment. ' I and tLey are hereby declared to be exempted (rom all mili- tia duty, excepting what shall be required of them as mem-« bers of said corps, and from all road, patrol and jury du- Road, Patrol ties, so long as they faithfully continue in the service offe.Jurydu" said corps, and do and discharge all the duties required of them as members thereof; Provided, Said exemptions shall not, and they are hereby declared not to excuse orPrAex~ ered to the Inferior Court of Richmond county, - and all other civil authorities exercising control over the road, patrol, and jury duties, in and for said county, which said certificate shall be deemed and held sufficient evidence to exempt the persons therein named from doing road or patrol duty, or serving on any of the juries in and for said county during the time that such persons shall belong to said corps. 16. Sec. Y. And be it further enacted, That in all cases where persons shall be summoned to attend parade in any fyonVtlviIrtiE of the Militia or Yolunteer Companies attached to the Tenth Regiment of Georgia Militia, it shall be lawful to I'-Jent'1 Re append to said summons a notice to attend a Court of In-° quiry in case of default of attendance at muster, the time and place of said Court being therein stated, and no other notice shall be required of said Court, at said time and place. IT. Sec. YI. And be it f urther enacted., That all execu- tions for fines for non-attendance at Company, Battalion, or Regimental parades and reviews, within the limits ofKctoi. said Tenth Regiment, shall be directed "To any Consta-ment' ble of this State," and shall be levied and collected by a Constable in the same way and manner, and under the same liabilities, as if they issued from a Justices' Court. Sec. YII. And be it further enacted, That all laws or parts of laws militating against the true intent and §|S^ing meaning of this Act, be and they are hereby repealed. 260 PEDDLERS—1851-'2. Foreigners prohibited. PEDLERS. title xxi. Sec. I. Foreigners prohibited; Sec. 3. Proof requisite. " 2. Violation, misdemeanor; (Ro/159.) An Act for the prevention of foreigners peddling in the Stale oj Georgia. Approved, January 19, 1852. 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of allowed to"er ^ie same"> That from and after the passage of this Act no peddle, to foreigner coming into this State, shall be permitted to ped- die or vend any goods, wares or merchandize, as an itin- until he takes erant trader, unless said foreigner shall have taken the efance! or6" oath of allegiance to the United States, or shall have been dentffve68'" a resident of the State of Georgia for the term of five years years. previous to said peddling.* 2. .Sec. II. And he it further enacted, That any for- violation, a eigner violating the provisions of this Act, shall be indicted mis emeanot'-foramisdemeanor, and on conviction shall be punished by Punishment, a fine not less than five hundred dollars, and on failure to pay said fine shall be imprisoned for six months in the common jail of said county, where said conviction takes place. 3. Sec. III. And be it further enacted, That on the proof neces. trial of any foreigner for a violation of this Act, all that victiorucoa* shall be required of the State to prove, is the peddling or vending of said goods, wares or merchandize, by said for- eigner, and unless said foreigner shows that he has been a resident of this State as heretofore required, or that he has taken the oath of allegiance, he shall be convicted for the offence of a misdemeanor, and punished as afore- said. Sec. IV. And be it further enacted, That all laws and •clause*"12 Pai^s of laws militating against this Act, be and the same are hereby repealed. * There was a similar provision in another Act, which maybe found in Part n. 'Private and Local Laws," Title "Peddlers." PENAL LAWS—code, ninth, division.—1851-'2. 2G1 Forcible Entry and Detainer. PENAL LAWS* TITLE XNH. art. i. amendments to code. " ii. other acts. art. i. amendments. Sec. 1. Forcible Entry &c., service; Sec. 4. Selling or buying with false An Act to amend the fifteenth section of the ninth division of the Penal Code, as to service of summons upon persons guilty of ford- ble entry and detainer in certain cases. Approved,'January 12, 1852. Whereas, It so happens that persons residing on or near to the county line in one county are guilty of forcible entry and detainer or forcible entry or detainer, in the adjoining county; and, whereas, by the provision of said sections of the Penai Code, no mode is pointed out for perfecting service in such cases, for remedy whereof—■ 1. Section I. 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%SYV-KB on the same, That when any person, or persons shall be char- If forcible1117 ged with forcible entry and detainer, or either, not residing Smf out of in the county where the lands or tenements are alleged tothec prisonment in the common jail of the county, or both, at the discretion of the Court.* (No. 163.) An Act to repeal the first section of an Act approved 19^ December, 1849, entitled an Act to repeal all laws respecting the importa- tion of Slaves into this State, and to give certain powers to Muni- cipal Corporations in relation to Slaves, and to amend the Act hereby revived. Approved, January 22, 1852. 5. Section 1. Beit enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the au- Laws m refer. thority of the same, That from and after the passage ofg^*0j5npor" this Act, the first section of an Act of this State, approved revi* December 19th, 1849, entitled an Act to repeal all laws re- specting the importation of slaves into this State, and to give certain powers to municipal corporations in relation to slaves, be and the same is hereby repealed.f 6. Sec. II. And be it further enacted, That the penalty prescribed by the Act hereby revived, shall be so changed Punishment as to dispense with the penitentiary imprisonment thereinchdtlsed* prescribed, and to give one-half the fine therein prescribed, to such person as may inform against and prosecute the of- fender. * New Digest 821. The Code before said nothing of '' buying." t The laws revived by this act are here given in a note, as they were omitted in the New Digest, being then repealed. 264: PENAL LAWS—note. Bringing Slaves into the State, &c. note offences relative to slaves. bringing 287. Section 1. If any person or persons shall bring, ?hevstlti?fine import, or introduce into this State, or aid or assist, or fSw ipto" knowingly become concerned or interested, in bringing, 4 years. importing, or introducing into this Sfate, either by land or by water, or in any manner whatever, any slave or slaves, each and every such person or persons so offending, shall be deemed principles in law, and guilty of a high misde- meanor, and may be arrested and tried in any county in this State, in which he, she, or they may be found, and on conviction, shall be punished by a tine of not exceeding five hundred dollars each, for each and every slave, so brought, imported, or introduced, and imprisonment and labor in the penitentiary for any time not less than one TwmBo. year, nor longer than four years; Provided, always, that this Act shall not extend to any citizen of this State resi- ding or domiciliated therein; nor to any citizen of any other State coming into this State, with intent to settle and reside, and who shall on so coming in, actually settle and re- w?y"bring S^e therein wbo shall bring, import, or introduce into E^owTnse State from any other State of the United States, any eir own use. g}ave or s]aves for g0]e purpose of being held to service or labor by the person or persons so bringing, importing, or introducing such slave or slaves, his heirs, executors or administrators, and without intent to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under ex- ecution pr other legal process, or in any other way or man- ner to alien or dispose of such slave or slaves, so as to vest the use and enjoyment of the labor or service of such slave or slaves in any other person or persons than the person or persons so bringing, importing or introducing such slave or slaves, or in his or her heirs, executors, administrators, leg- atees, or distributees, whether such sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale, under execution or other legal process, or alienation, or disposi- tion of such slave, or slaves, shall be' for the life or lives of such slave or slaves, or for any other period of time ; and S?th?oume»file further. That any person or persons hereby au- fetoF3kni" fch°rized t° bring, import, or introduce any slave or slaves (Em mto this State, shall, before such slave or slaves is or are nngs em, ac£uapy g0 "brought, imported or introduced therein, go be- fore the Clerk of the Superior Court of gome county in this State, and make and subscribe an affidavit in writing, which shall be lodged with such Clerk, stating that he or * And see Section 174, Prince's Digest. PENAL, LAWS.—NOTE. 265 No defaulters to be exempted. she is about to bring, import and introduce into this State, a slave or slaves, in terms of this Act, particularly describ- ing such slave or slaves by their names, ages and qualifi- cations; that he or she is the true and lawful owner of such slave or slaves; that the said slave or slaves is or are about to be brought, imported or introduced into this State, for the sole purpose of being held to service and labor by him or her, his or her heirs, executors, ad- ministrators, legatees or distributees, and without any inten- tion to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under execution, or other legal process, or in any way or manner to alien, or dispose of said slave or slaves, so as to vest the use or enjoyment of the labor or service of such slave or slaves in any other person or per- sons, either for the life or lives of said slave or slaves, or for any other period of time, or in any way or manner, to Andwithius defeat, avoid, or elude the true intent and meaning of this Sward* Act; and a similar oath stating the actual importation of such slave or slaves, shall be made by such person before the Clerk of the Superior Court of the county where such person resides, or intends to settle and reside, of which a certificate and copy of the affidavit shall in each case be granted by such Clerk. 288. Sec. II. No person "or persons whatever, shall be no, defaulter exempted from the penalties mentioned in the preceeding exempted.1)6 section, who shall fail or neglect to comply with the requi-' sites therein mentioned and specified, or who shall fail or neglect to make and subscribe the said affidavits in man- ner and form as therein set forth. 289. Sec. III. In all cases of prosecution under the first section of this division, or under this Act, it shall be suffi- how framed, cient to allege in the indictment that the slave or slaves, was or were, brought, imported, or introduced into this State, contrary to the true intent and meaning of this Act. 290. Sec. Iy. Any person, or persons claiming an ex- eruption from the penalties of the first section of this di- |^al de* vision or Act, shall plead specially such his defence, and shall be held to due proof thereof, and the Jury shall be specially charged to inquire into the intent of such person or persons, which intent may be interred from the circum- stances of the case, and any sale, transfer, barter, loan, hir- ing, mortgage, procurement of levy or sale under execu- tion, or other legal process, or other alienation or disposi- tion of such slave or slaves, for the' life or lives of such slave or slaves, or for any other period of time ; or any of- iSnceor fer to sell, transfer, barter;, lend, hire, mortgage, procure to be levied on or sold under execution, or other -legal pro- 266 PENAL LAWS.—stote. Travelers' Servauts, aud Prize Slaves. cess, or in any way or manner to alien or dispose of sueli slave or slaves, for the life or lives of sncli slave or slaves, or for any other period of time, so as to vest the.use or en- joyment of the labor or service of such slave or slaves, for the life or lives of such slave or slaves, or for any other pe- riod of time, in any other person or persons, than the per- son or persons so importing or introducing such slave or slaves into this State, his or her heirs, executors, adminis- trators, legatees, or distributees, contrary to the true intent and meaning of this Act, if made within one year after such slave or slaves shall have been brought, imported, or introduced into this State, shall be conclusive evidence of such unlawful intent in violation of this Act. 291. Sec. Y. This Act shall not extend to prevent any person traveling into this State, from bringing therein any Travellers' such slave or slaves as may be needful for his or her com- InTpme forlable and useful attendance upon his or her journey; brought butnor any person or persons bringing into this State any not sow. slave or slaves found on board any ship or vessel which may be taken as a prize of war, or seized for an infraction of any law of the United States, and brought into this State in such ship or vessel at the time of such capture or seizure; but it shall not be lawful to sell, or in any manner contrary to this Act, to dispose of said slave or slaves with- in this State, hnd such sale or other disposition of such slave or slaves in any way or manner forbidden by this Act, or offer to sell Or dispose of the same, shall be conclu- sive evidence of an intent to. bring such slave or slave into this State, contrary to the true intent and meaning of this Act, and shall subject the offender to the fine and impris- onment specified and set forth in the first section of this division or Act; and the same obligations shall be impos- ed upon any person or persons claiming an exemption un- der this section, and the same rules shall obtain as to the pleadings and the* evidence, and the jury shall exercise the same power of judgment of the fairness of the intent, as is given and are provided in the preceding sections of this division. 292. Sec. YI. If any person or persons shall purchase, hire, receive, or get into his, her, or their possession, any Knowingly to slave or slaves, knowing such slave or slaves to have been s?av«?fineh imported 01* introduced into this State illegally, and con- *°00" trary to the true intent and meaning of this Act, such per- son or persons so offending, shall be guilty of a high mis- demeanor, and on conviction therefor, shall be fined in a sum not exceeding Five Hundred Dollars, for each and every slave so illegally in his possession. And it shall be the PENAL LAWS.—note. 267 Parents may hire or loan Slaves to their Children—Restrictions on Emigrants. duty of every civil and militia officer in this State to aid and assist in carrying this law into effect. 293. Sec. YII. This Act shall not extend to prevent any person or persons from giving, hiring, or loaning any ne- Parents may gro or negroes to his, her, or their legal child or children, slave0!to'their for one year or more; Provided, That such child or chil-cluldren- dren do and shall keep and retain such slave or slaves, for the space of one year from the time of receiving such slave or slaves, or otherwise, such child or children so re- ceiving, shall be subject to the pains and penalties of this Act. 29k Sec. YIII. It shall be the duty of every Clerk of the Superior Court, before whom any oath required to be cer* t^ken by this Act, shall be made, to keep a bound book, in which shall be recorded the affidavits required to be made, and the certificates necessary to be given, agreeably to the provisions of this Act, and also to record in said book, all other instruments of writing, or statements which may be necessary to be made to him for carrying the in- tention and provisions of this Act into effect. And every Fee. such Clerk shall receive as a compensation for the services necessary to be performed by him by virtue of this Act, the sum of Three Dollars, to be paid by the person for whose interest the services may be performed * NOTE—RESTRICTIONS ON EMIGRANTS REMOVED. 174. Sec. I. From and after the passage of this Act, so Restrictions. much of the existing law concerning the introduction ofrekove^an slaves into this State, as inhibits emigrants or persons pro- fessing a determination to settle in this State, the privilege of hiring or lending out their slaves, within the period of one year after the removal of said slaves to this State, be and the same is hereby repealed, and that such actual or expected settler be exempt from all the restrictions, and penalties heretofore imposed upon the act or the offer of hiring eg' lending such slaves within the time specified; Provided, nevertheless. It shall be the duty of such newCuj.theyrf.aii comer or person intending a residence in this State, to ap-theVkteu-.0 ply to some one duly authorized to administer an oath, and 10ns" make affidavit that they have not introduced such slave or slaves with a view to speculation, but with the intent sole- ly of., being held to service by themselves, personally, or their legal heirs and representatives. * All laws prohibiting the introduction of slaves into this State, were repeal- ed in 1824 [Vol. IV. 410]; but reinstated by the twelfth section of the act of 1829. See Sec. 133, which repeals the repealing Act. See also the very general * terms of the fifth and seventh sections of the Act of 1835, [Sec. 167 and 169 of this title,] which would seem to disavow, as to male slaves, all the savings, ex- ceptions, and qualifications of this Act.—Prince's Digest. 268 PENAL LAWS—code, thirteenth division.—1851-2. An Act to alter and amend the twelfth section of the thirteenth division of the Penal Code of this State, and for other purposes therein con- iained. Approved, January 1, 1851. . 6. §>ec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the twelfth section of the thirteenth di- vision of the Penal Code of this State, he and the same is hereby so altered and amended, as to read as follows, towit:'x" any owner, overseer, or employer of a slave or c™ei treat, slaves, who shall cruelly treat such slave or slaves by un-Ss?' necessary and excessive whipping, beating, cutting or wounding, or by cruelly and unnecessarily biting or tearing with dogs, by withholding proper food and sustenance, by requiring greater labor from such slave or slaves than he, she, or they are able to perform, or by not affording proper clothing for such slave or slaves, whereby the health of such slave or slaves may be injured and impaired, oy cause or permit the same to be doi fine or imprisonment in the c ^ ^ , both, at the discretion of the Court. Sec. II. And be it further enacted by the authority ^pealing aforesaid, That all laws and parts of laws militatingwnse' against this Act, be and the same are hereby repealed. * This amendment inserts "overseers," and also "beating, cutting, or wound- ing, or by cruelly, and unnecessarily biting or tearing with dogs," on the original section. See New Digest 8"27 Cruel treatment to Slaves. (No 164.) meanor, and on conviction PENAL LAWS—not in the code.—1851-'2. 269 ■ Deadly Weapons. art. ii. other acts.* Sec 7. Carrying deadly weapons; " 8. Forbidden unless openly; " 9. Violation, Misdemeanor; Sec. 10. Act of 1837 repealed: " 11. Interference with worship; " 12. Punishment therefor. (Ko. 165.) An Act to prohibit the sale of deadly weapons, and' to prescribe the manner of carrying the same, and to punish for a violation of the samei and to repeal an Act entitled an Act to guard and protect the citizens of this State against the unwarrantable and tooprevalant use of deadly weapons, "assented to the 25ih, Be- cember, 1837." This Act Approved, January 12, 1852. 7. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it pistol<;fcc shall not be lawful for any person or persons whatever, to noy£beCcar- have or carry about their persons, any pistol (except horse- thejamlb"1 man pistols,) dirk, sword in a cane, spear, bowie knife, orspecl any other kind of knives manufactured and "sold for the purpose of offence and defence, save and except in the manner hereinafter mentioned. 8. Sec. II. No person or persons shall have or carry Whioh iSto about their persons, any one -or more of the weapons enu- merated and embraced in the first section of this Act, es-S80110 cept such person or persons shall have or carry such wea- pon or weapons in an open manner and fully exposed to view. 9. Sec. III. Any person or persons violating any of the violation, a provisions of this Act shall be guilty of a misdemeanor,rmsdemeanor» and on conviction shall be punished by fine or imprison- pUmShment, ment, or both, at the discretion of the Court. 1*0. Sec. IV. An Act entitled an Act to guard and pro- Mt'onm tect the ^citizens of this State against the unwarrantable and seated- too prevalent use of deadly weapons, assented to December 25th, 1837, be and the same is hereby repealed,f and all laws and parts of laws militating against this Act, be and the same are hereby repealed. *See note to General Title "Penal Laws." tFor this Act and the Act of 1845,amendatory thereof (both of |which are re- pealed by this Act) see New Digest; 848, 849. 270 PENAL LAWS—offences not in the code—1S51~'2. Interference with Religious Worship. (No. 166.) An Act io amend an Act entitled "An Act to protect Religious So- cieties in the exercise of their religious duties,". approved Be- cember 13th, 1792. This Act Approved, January 19, 1852. 11. Section I. Be it enacted hy the Senate and House of Representatives of the State of Georgia in General Assembly met,'and it is hereby enacted by authority of interference the same, That if any free white person shall violate the Jousworship provisions of the before recited Act, it shall he deemed and amisdemean. jn jaw a misdemeanor, and shall he indictable in the Inferior Courts of this State, as in other criminal cases ; and it shall he the duty of the Justices of the Peace of this 'State upon sufficient proof being made before them of a violation of the provisions of the aforesaid Act, to hind the offender or offenders to he and appear at the Superior Courts of this State by recognizance, as in other criminal cases. Punishment ^E0, ^ ^any ^ree person shall he convicted for a violation of the aforesaid Acts, he or she shall he fined in a sum not exceeding Fifty Dollars nor less than Ten Dol- lars; Provided, That if the offenders are unable to pay such Imprisonment ^ne? he imprisoned in the common jail of the county, not more than sixty days, nor less than five days, at the discretion of the Court.* Repealing Sec. III. Be it further enacted, That all laws and parts ciSin" of laws militating against this Act, he and the same are hereby repealed. *The only difference between this Act and the Act of 1841—New Digest, 852 —is the provision for punishing by imprisonment in certain cases. Note of Decisions of Supreme Court.—Attempts.—Jury may find the De- fendant guilty of the attempt without a special count. --X. Ga., 422. Bail.—If J. P. is deceived, or takes insufficient bail, he may require new sure- ties—-IX Ga., 49. As to judgmentofforfeiture.—Ibid Costs.—"Rail-road fare" is no proper item of costs. The officer is allowed "mileage"—IX Ga. A guard for the jail must be paid by the county* and not by the prisoner.—Ibid.. Judgment should be entered for costs on conviction.—Ibid. Demand for Trial—when filed requires the Court to try the defendant at that or the succeeding term or discharge him.—IX Ga. 306. X Ga. 95. Jury.—After a Juror is upon triors, it is not proper for counsel to ask him any questions except those prescribed in Act. of 1843. IX Ga. 121. If Grand Juror is excused and on the same day indictment is found in which bis name appears, it should not be quashed on that ground. IX Ga. 210. In what sense a,re they the judges of the law ? X Ga. 511. Should be kept together in a criminal case —Ibid. Nol.Pros.—Before the case is submitted to a jury, the State's Attorney may nol.pros at any time. IX Ga. 306. . Warrant issued before indictment, should specify the offence, and the autliori- ty under which it i£ issued, the person who is to execute it, and the person to be arrested, and the commitment should describe the offence plainly and freely, and the time and place of its commission.—IX Ga. 73. • « A bench warrant need only recite the indictment and the offence generally—Ibid. PHYSICIANS—1851-2 Place of Meeting. 271 PHYSICIANS* TITLE XXIII. (No. 167.) An Act to authorize the. Board of Physicians of this State to hold their annual meetings'in Milledgeville, or any other place they may appoint within this State. Approved, November 24, 1851. \ 1. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, arid it is hereby enacted by the authority of B ma the same, That from and after the passage of this Act, the how'thSr Board of Physicians of the State of Georgia, be authorized ♦ and empowered to hold their annual meetings in the City pomt!nayap" of Milledgeville, or any other place they may appoint with- in this State.f Sec. II. Be it further enacted, That all laws and parts Repealing of laws militating against this Act, be and the same areclause' hereby repealed. „ *For Act endowing the Southern Botanico Medical College, see Part II, "Acad, emies," &c., Act No. 187. tBy Acts of 1850, New Digest, 892, required to be in Macon. Decisions Supreme Court.—Notes and contracts with a Hydropathic prac" titionercome within the provisions of the Act of 1825—X Ga., 570 272 RIVERS—altamaha and tributaries.—1851-'2. Appropriation—Disposition of it—Commissioners. RIVERS. TITLE XXIY. ART. i. ALTAMAHA AND TRIBUTARIES. ART. II. CHATTAHOOCHEE AND TRIBUTARIES. ART. in. COOSA AND TRIBUTARIES. ART. I. ALTAMAHA AND TRIBUTARIES.* Sec. 1. Appx-opriated for clearing out. Sec. 7. To continue fifteen years. " 2. How drawn and paid. " 8. Comm'rs, &c., for Canoochee. " 3. Commissioners named. " 9. Free use of pound. " 4. Their report. " 10. Injui-y to—Punishment. " 5. Obstructions in Cypress Creek. " 11. Vacancies. " 6. Charges on Timber floated. (No. 168.) An Act to appropriate money to improve the navigation of the Al- tamaha, Ocmulgee, and Oconee rivers, and to appoint Commis- sioners for the same. Approved, January 19, 1852. 1. Section I. 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 th e authority of the same, That the sum of Ten Thousand Dollars he and propriatedpfor the same is hereby appropriated for the improvement of of navigation, the navigation of the Altamaha, Ocmulgee and Oconee rivers. 2. Sec. II. And he it further enacted hy the authority aforesaid, That the sum hereby appropriated be set apart how draws out of any money in the Treasury not otherwise appropri- and t° whom a£ec[? £0 "be drawn from the Treasury by warrant from the Governor, one-third to be placed in the hands of the Com- missioners for the Altamaha river, hereinafter named, one- third in the hands of the Commissioners for the Ocmulgee river, hereinafter named, and the other third in the hands of the Commissioners for the Oconee river, hereinafter Bonds of named> upon each set of Commissioners giving bonds with Commission* approved security, to the Governor, and his successors in office, for the faithful application of the said amounts to the objects contemplated and specified in this Act. That said * See New Digest, 921, et scq. RIVERS—ALTAMAHA AND TRIBUTARIES.—1851—'2. 273 Removal of obstructions in Cypress Creek. sets of Commissioners shall each of them proceed to the commission discharge of their duty in such manner as may in theirers'duty- judgments seem most likely to promote the object of the appropriation. That a majority of each set of Commission- Majority may ers shall at all times he competent to transact business ;act* and should any vacancy occur in either of said Boards of Commissioners, it shall be the. duty of the Governor, upon its being made known to him by the remaining Commis- sioners, to fill such vacancy. 3. Sec. VI. And be it further enacted by the authority aforesaid, That William Mann and,William Joyce, ofcommi^on. iattnall county, and Joseph Tillman, of Appling county, and James Walker, of Mcintosh county, be and they are hereby appointed Commissioners for the Altamaha river ; that George Wilcox, of Irwin county, James W. Lathrop, of Pulaski, James A. Rogers and James Boyd, of Telfair county, be and they are hereby appointed Commissioners for the Ocmulgee river; and that Hardy Smith, of Laurens county, William Joyce, John McArthur, a'nd P. H. Lowd, of Montgomery county, be and they are hereby appointed Commissioners for the Oconee river. 4. Sec. IV. And be it further enacted by the authority aforesaid, That it shall be the duty of each Board of Com- Their report, missioners aforesaid, to make a report to his Excellency the Governor, on the first Monday in September, in each and every year, of the management and disposal of the said several sums appropriated as aforesaid. Sec. V. And be it further enacted by the authority afore- said, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (Ho. 169.) An Act to confer certain privileges upon certain persons therein named, and for other purposes therein mentioned. Approved, 'January 22, 1852. Whereas, John B. Coffee, A. Mclntyre, and John Mc- Intyre, are desirous of removing obstructions in Cypress Creek, from the bridge on said Creek, where the road from Hawkinsville to Jacksonville crosses, down to the mouth of said Creek, where it empties into the Ocmulgee river, so as to render it capable of 'drifting timber down to said 271 RIVERS ALTAMAHA & TRIBUTARIES, CANOOCHEE. 1851-2. Cypress Creek—Canoochee River. river; and, whereas, it would be too expensive, and cost them too much, unless they had certain privileges secured to them, by which they might be remunerated ; therefore, Sec. I. Be it enacted by the Senate and House of Repre- sentatims of the State of Georgia in General Assembly met, a/nd it is hereby enacted hy the authority of the same, oiXScUom That John B. Coffee, A. Mcjntyre, and John Mclntyre, crSkp.ress ^e an(l they are hereby authorized to clear out and remove obstructions in Cypress Creek, in Telfair county, or straight- en or cut away any portion of the banks thereof, so as to put the same in good order, for drifting or floating timber of any description, down to the Ocmulgee river. Sec. II. And be it further enacted by the au thority aforesaid, That the said John B. Coffee, A. Mclntyre, and JohnMc- Timbl? float- Intyre, are hereby vested with authority, upon their clear- eddown. jng 0U|. sa^ Qypress Creek as aforesaid, to charge not more than fifty cents a thousand 1 or such timber or timbers as any person or porsons may float or drift down said Creek. Sec. III. And be it further enacted by the authority aforer said, That said John B. Coffee, A. Mclntyre and John Mcln- foTfifteine tyre, shall have the privilege of the use of said Creek, and yeara. charging others for the privilege of floating or drifting tim- ber of any sort thereupon, for the term of fifteen years.— Said privilege to be to them known and secured from Cy- press Creek bridge to its mouth, where it empties into the Ocmulgee river; any law, usage, or custom, to the contrary, notwithstanding. (No. 170.) An Act to appoint certain persons hereinafter named, Commission- ers, and to authorize said persons to obstruct a portion of the channel of the river Canoochee, in the county of Bryan, at their own expense, for the protection and safe keeping of the Timber, or such rafts of Timber that may be carried down said river for market, by any person or persons who may hereafter be engaged in the Tirhber business upon the waters of the said river Canoo- chee. Approved, January 13, 1852. "Whereas, Those, or many of those, who have been here- tofore engaged in the lumber business upon the waters of said river, have sustained heavy losses by reason of having no safe or convenient place of taking up their timber, ana KIV ERS—canoochee.—18 5l-'2. 275 Commissioners—Duty, &c.—Pound, &c, . f confining the same, previous to its entering into the Great Ogechee river, where the same were liable to be lost, there- fore have petitioned the General Assembly for the passage of an Act authorizing a partial obstruction of the said river Canoochee, and for that purpose the appointment of cer- tain Commissioners to carry the same into effect; for rem- edy whereof, 8. Section I. Be it enacted by the Senate and Jlouse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That John Deloach and James "Wilkinson, of the Commiseion. county of Bulloch, Benjamin Brewton and A. D. Eason, ofeisnamed- the county of Tattnall, Enoch Daniel and Z. L. Boggs, of the county of Liberty, William Strickland and Gordan J. Goodson, of the county of Bryan, be and the same are hereby appointed Commissioners for the purposes hereinaf- ter stated. And the said Commissioners, or a majority of them, are hereby authorized to enter in and upon the said Duty, river Canoochee, at or near a Bluff known as the Nancy James Bluff, and drive, or cause to be driven into the bed of said river, a double row of posts, fifteen feet a part; Provided, Said obstructions shall be so placed as to leave Provigo one-third, or forty feet of the main bed of said river at the rovis°' place designated, of sufficient depth of water, open and free for all boats, flats, and other water craft, to pass free and unmolested. 9. Sec. II. And be it further enacted by the authority aforesaid, That as socn as said work shall have been com- Useof pound pleted, the same shall be considered free to all, and for all tote0tee?un and every person or persons engaged in the timber busi- ness on said river Canoochee; Provided, That no one per- provis0. son shall be allowed to keep his timber in said pound or check a longer time than may be considered absolutely ne- cessary, but shall be required to give place to others of equal interest to himself, within a reasonable time, or with- in a time that may be designated and concluded upon by said Commissioners ; and in case there shall arise any dis- pute between persons on or upon the premises, the same how wtuk shall be submitted to the Board of Commissioners, or a ma- jority of them, and their decision shall be hel any person or persons resist or molest an officer in the dis- charge of the duties required by this Act, they shall be liable to indictment in the Superior Court in the county Misdemeanor, whence the offence was committed, and on conviction thereof, shall be fined in a sum not less than Twenty nor more than One Hundred Dollars, and imprisoned in the Punishment, common jail of the county not less than one nor more than three months, any law or usage to the contrary notwith- standing. * For former Act, see New Digest, 838. 280 ROADS, BRIDGES AND FERRIES—1851-'2. Compensation to owners. ROADS, BRIDGES AND FERRIES* TITLE XXV. Stc. 1. Public roads over unenclosed Skc. 7. Albany Bridge Company; lands; "8. May build Bridge, &c.; " 2. Private ways ; " Capital, Tolls; " 3. Assessment of damages; " 10. Smith's Bridge; " 4. Costs, how paid; " 11. Injuries thereto; " 5. Preachers, exempt; " 12. Not to interfere with Ford; " 6. N. R. hands, on condition; " 13. Terhune's and Tumlin's Bridge. (No. 174.) An Act to amend the second section of 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, appro- ved, December 4, 1799.' This Act Approved, December 26, 1851. 1. Section I. Be it enacted by the Senate and Bouse of Representatives of the State of Georgia in General Assem- bly met, and it is hereby enacted by the authority of the the same, That from and after the passage of this Act, sot &forn pass- much of the second section of the before recited Act, be uMncSh amended so as to include and embrace within its'provi- laBd*' sions all uninclosed ground, and that whenever any person or persons shall feel him, her or themselves aggrieved by reason of any road being laid out through his, her or their ■uninclosed ground, he, she or they shall be entitled to com- pensation, in the manner and after the form pointed out in Said section of said Act, for inclosed land, any law to the contrary notwithstanding^ * For Acts incorporating other Bridges, see Part II, Local and Private Acts— Title, " Roads, Bridges and Ferries." * For this Act, see New Digest, 943. ROADS, BRIDGES, AND PERRIES.—1851-2. 281 Private Ways—Assessment of Damages. (No. 175.) An Act to prescribe the mode of laying out private ways, and for other purposes.* Approved, January 17, 1852. 2. Section I. Be it enacted by the Senate and House of Representatives of the *State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That any person desiring a private pass-way Mode of ob- over the land of another, may, npon twenty days' notice vate ways! to the owner or owners of the lands through which the same is designed to pass, apply to the Inferior Court of the county in which the lands are situated, either at the regu- lar term of said Court, or at any time said Court shall meet to transact county business, to have five Commis- commission- sioners appointed, a majority of whom may act, to viewers- and mark out said road, if, in their judgment, the same shall be necessary; ' and it shall be the duty of said Com-Their duty, missioners to lay out said road so as to do the least dam-' age, and to be of the least inconvenience to said land, con- sistent with the objects of said road, which commissioners shall make their return within thirty days after their ap-Retum. pointment, and before entering upon their duty, shall take and subscribe an oath, truly, faithfully and impartially to Their oath, discharge their duties, and when said report shall be made it shall be lawful for any party in interest to controvert said return, and the Inferior Court, in its discretion, may lay out such road as it may deem right and proper, with- out reference to said report, and which said road shall be opened at the expense of the party applying. 3. Sec. II. And be it further enacted, That the person damages how or persons, through whose laiid said road may pass, mayassessed- apply to the Inferior Court for the appointment of a jury to assess the damages sustained by laying out said road through his or their lands, and said Court shall draw eighteen Jurors from the Grand Jury box, twelve of whom shall form a Jury. And it shall be the duty of the Clerk of the Inferior Court to certify the names of such Jurors* to the Sheriff, who shall notify such Jurors to meet and view said road, which time of meeting shall not exceed twenty days from the time of his (the Sheriff) receiving said notice, and he shall give to the Jurors eight days' no- Jury, tice of the time and place of meeting. And it shall be the duty of the Sheriff to attend said Jury, and to admin- ister to them the following oath: You do solemnly swear * For previous law, see New Digest, 955, 282 ROADS, BRIDGES, AND FERRIES.—lS51-'2. Ordained Preachers exempt from Road duty. Their oath, that you will well and truly determine the damage sus- tained by (A. B.), from the private way of ( C. D.) pass- ing through his lands, and a true verdict give, so help you God; which verdict shall be delivered to the Sheriff, Retnm, and, with all the papers in the cause, shall be delivered • by him to the Clerk of the Inferior Court, and upon the payment of said damages and all costs, by the party ap- plying, the right to said private way shall vest fully in him and -his heirs and assigns, costs, 4. Sec. III. And be it further enacted, That the costs of this proceeding shall be the same with the costs for * similar proceedings had in laying out a public road. Repealing Sec. iv. And be it further enacted, That all laws and etause. parts of laws militating against this Act, be and the same are hereby repealed. (No. 176.) An Act to exempt Ordained or Licensed Preachers of the Gos- pel from working on Public Roads in this State. Approved, November 22, 1851. 5. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authoirity of Ordained the same, That from and after the passage of this Act, no emptfromex" ordained or licensed Minister or Preacher of the Gospel, road duty, ke compelled to work on any public road in this State, any law or custom to the contrary notwithstanding. (No. 177.) An Act to amend the Road Laws of this State, so far as con- cerns persons constantly employed in conducting transporta- tion and repairing track upon the different Railroads in this State. Approved, January 22, 1852. 6. Section I. Be it enacted by the Senate and House of KOADS, BEIDGES, AND FEEBIES.—1851-'2. 283 Railroad hands exempt on certain conditions—Albany Bridge Company. Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, allgj^g^ persons constantly employed in conducting transportation ^certain or repairs of track upon any of the Kailroads of this State, shall be exempt from common road duty upon the pay-: ment of four dollars per annum, for each and every per- t son so employed, which sum shall be pai'd to the Treasurer of the county in which such persons may be so employed, said fund to be applied to the purpose of keeping up the Eoads and Bridges of such county. Sec. II. Be it further enacted, That all laws and parts of Repealing laws repugnant to or militating against this Act, be and thec an8e' same are hereby repealed. (No. 178.) An Act to incorporate the Albany Bridge Company, and for other purposes therein specified. Approved, January 22, 1852. 7. It is hereby enacted by the General Assembly of the State of Georgia, That Nelson Tift and A. II. Brisbane, Albany Br'ge and such persons as they may associate with them, and coSoSted,a" their successors and assigns, are hereby constituted a body politic and corporate under the name of the " Albany Bridge Company," and by such corporate name shall be capable of making contracts, sueing and being sued, and they are hereby invested with all the powers, rights and privileges which are usually granted to such incorpora- tions, or which may be necessary to carry out the objects ■ of said incorporation ; and said Company shall have au- thority to make such by-laws and regulations as may be deemed proper, not contrary to the Constitution and Laws of this State. 8. The said Albany Bridge Company shall have au-Maybuiid • i ... , , it -n • i ^ i ™., bridge across thority to construct and keep up a Bridge across the Flint Flint river, river, at, or opposite to, the city of Albany, in Baker county, on their own land, or on such land as they have - purchased the right to build a Bridge on, and they shall have authority to erect such piers in the river as may be necessary for the support of said Bridge. 284 ROADS, FERRIES, AND BRIDGES.—1851—'2. .Smith's Bridge—Terhune and Tumlin's Bridge. Capital $15, 9. The Capital Stock of said Company shall be Fifteen 00°* Thousand Dollars, including the amount which has been share*, paid for the right of way, to be divided into shares of Fifty Dollars each, and said Capital Stock may be increas- ed, at any time thereafter, to any sum not exceeding Fifty Thousand Dollars, as may be found necessary for carrying Ton*, t out the objects of said Company. The tolls for crossing said Bridge shall be such as are authorized by law to be charged for crossing the Bridge at the city of Macon, or the Bridge at the city of Columbus. (No. 179.) An Act to allow Nathaniel Smith, of Hall county, to ask and receive tolls for the use of his Bridge across the Chattaboo- chee river, near the Shallow Ford, in said county, and to au- thprize Cornelius D. Terhune and George W. Tumlin, to construct a Bridge upon their own land, in Cass county, over the Etowah river, and to charge and collect tolls from persons crossing the same. Approved, January 12, 1852. • 10. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Nathaniel Smith shall be entitled to ask and receive tolls from all persons who may hereafter cross the Chattahoo- chee river on his Bridge, in Ilall county, at and after the following rates, to wit: For each loaded wagon, with four horses, mules or oxen, Fifty Cents ; for each empty road wagon and team, Thirty-Five Cents ; for each four-wheel pleasure carriage, Fifty Cents ; for each barouche, buggy, and carry-all,- Twenty-Five Cents ; for each sulky or gig, Twenty-Five Cents; for each horse-cart or ox-cart, Ten Cents ; for each man and horse, Ten Cents ; for each led horse or mule, Three Cents ; for each loose horse or mule, Three Cents ; for each head of neat cattle, Two Cents; for each head of sheep, goats or hogs, One Cent. . 11. Sec. II. Be it further enacted by the authority of the same, That if any person, shall damage, destroy or in- jure the said Bridge aforesaid, they shall be subject to in- digtment in the Superior Court or Hall county, and be subject t6 a fine at the discretion of the Court. N. Smith an- thorized to take toll*. Injuries to bridge, pen- alty, ItOADS, BRIDGES, AND FERRIES.—1851-'2. 285 Terhune and Tumlin's Bridge. * « , - . . . ; l ■ . 12. 'Sec. III. And be it further enacted by the authority not to inter, aforesaid, That nothing in this Act shall be so construed FoidTth the as to privilege said Nathaniel Smith to interfere with, or obstruct in any manner, the existing Ford, known as Shal- low Ford, on the Chattahoochee river, near jais Bridge aforesaid, or to prevent the passing through the same. 13. Sec. IY. And be it further enacted by the authority Terhnne and aforesaid, That Cornelius D. Terhune and George W. briS"'3 Tumlin, be and they are hereby authorized to construct a Bridge upon their own land, in Cass county, over the Etowah river, and charge and collect tolls from persons crossing on such Bridge. " Sec. Y. And be it further enacted by the authority repealing aforesaid, That all daws and parts of laws militatingclause- against this. Act, be and the same are hereby repealed. Decisions of Supreme Court on this Title.—The Act of 1834, giving pri- vate ways without just compensation, held unconstitutional.—IX Ga. 37. The Act authorizing the opening of public roads over unenclosed lauds, with- out compensation, is void.—IX Ga., 341 . Grants to land ou water courses confer no right of Public Ferry, hut only a right of Private Ferry.—IX Ga., 359, 517. 286 SLAVES, PATROLS, AND F. P. C.—1851-'2. Insane Slave or Free Person of Color. SLAVES,' PATROLS, AND FREE PERSONS OF COLOR. TITLE XXVI. Sec. 1 Arrest of Insane slaves, &c.; Sec. 4 Fees, collection; " 2 Duty of Inferior Court; " 5 Owner may confine. " 3 Costs, by whom paid; (No. 180.) An Act, to protected the citizens of this State from danger, by the running at large of lunatic and insane slaves or free per- sons of color. Approved, January 17, 1852. 1. Section I. Be it enacted by the Senate* and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby eno cted by the authority of the insane slave sa,rrh°Ji That upon the application of any person, under or tree person oath, getting forth that any insane or lunatic slave, or free wmpkhftd 0B Person color is running at large, and is a public nuisance, comp am. ^ dangerous to the public, the Justices of the Inferior Court of the county shall issue a warrant, directed to the Sheriff, Deputy Sheriff, or any Constable of said county, requiring him to bring such slave or free person of color before them. 2. Sec. II. And be it further enacted, That it shall be inferior conn the duty of said Inferior Court, as soon as possible after intouiemat- said arrest, to examine in a summary manner into the facts ter' of the case, and if it shall appear that such slave or free person of color in truth is a public nuisance, or that his or to jai]C0mmit ^er running ftt large is dangerous to the community, they shall forthwith commit him or her to the common jail oi Notice to the county; Provided, That five days notice of said trial Guardian, is given to the owner or guardian of said slave or free per- son cf color. 3. Sec. III. And be it further enacted, That when any T^owner°fslave shall-be committed to. jail, by and under the second the cost. section of this Act, it shall be at the cost of the owner oi said slave ; and the Justices aforesaid shall, in their ordei therefor"! commitments, give judgment against the owner for the cost of the proceedings, to be collected by execution, in the The property name of the officers of Court against the said owner; and ofcok£ersoa in case the same shall be a free person of color, then the SLAVES, PATKOLS, AND F. P. 0.—1851->2. 287 Proceedings. cost thereof shall he paid out of any property that the guardian, of said free person of color may hold as such guardian, for which a f.fa. may issue, and on a return of no ifnone^ea property, shall he paid by the Inferior Court of said county, the wunV.y 4. Sec. IY. And be it further enacted, That the Sheriff or Jailor of the county shall he allowed at the rate of FourFees ofjailor' Dollars per month for the keeping of such slave or free person of color; and at the end ot each and every month the Clerk of the Inferior Court, may on the application of said Sheriff' or Jailor, under oath, stating that said fee for dieting such slave is not paid, issue an execution against the owner of said slave, for the amount due in the name of the Jailor or Sheriff, and upon the return of said execution unsatisfied, the Inferior Court shall pay the same, out of, the county. 5. Sec. Y. And he it further enacted, That at the hear- J$n°gw^doa ing or after commitment, the o vner of such slave may take s7aa/e^kt® him or her into his own possession and custody by enter- ^£po6ses- ing into a bond or recognizance, with security in the sum of Five Hundred Dollars, conditioned that such slave shall he kept in close and safe custody, which bond shall he pay- able to the Justices of the Inferior Court of the county, and shall on its breach be forfeited and recovered by scire facias and judgment in the Inferior Court. Note of Decisions of Supreme Court.—In prosecutions of slaves under the Act of 1850, it is not necessary to aver the preliminary proceedings before the Magistrates.—IX Ga. 264. The constitutionality of that Act maintained.—Ibid. Under a verdict for manslaughter the Snperior Court may punish.—Ibid. So much of the Act of 1770 as authorizes the Defendant to give in evidence of justification under the general issue, is repealed by the Judiciary Act--IX Ga. 297. On trials under the Act of 1850, it is illegal to give in evidence the opinion of the committing Magistrates that the slave was guilty of murder.—IX Ga., 492. A person detained under judgment of Inferior Court, that he was a foreperson ef color, cannot, upon habea? corpus, enter into the question whether he was a white person.—IX Ga., 535. The origin and histdfy of slavery in Georgia.—IX Ga., 555. At common Law killing a slave is not felony.—Ibid. A direction in a will, that a slave should be carried to a free State and there manumitted, and giving $2,000 to Trustees for such slaves, is vaHd, and not op- posed to Act of 1818.—X Ga., 263. * 288 TAX.—1851-'2. T axable Property. TAX. TITLE XXVIL Sec. 14 Assessment of Rate; " 15 Maximum of Taxes ; 44 16 Rate of Tax; 44 17 Reduction if too great; " 18 Receive and collect Fees 44 19 NettDigest; Specie Funds ; 44 20 Tax on certain Slaves; 44 21 On Banks, Agencies, &c.; 44 22 Increase of rate per cent.; 41 23 Tax ji. fas.; 44 24 M. &. W. Railroad—Tax on; " 25 Rome Branch Railroad ; " 26 Land in Clinch, Rabun, &c. (No. 181.) An Act to levy and collect a Tax for each of the political years 1852 and 1853, and thereafter until repealed. Approved, January 9,1852. 1. Section I. Be it enacted by the Senate and House of Beyjresentatives of the State of Georgia in. General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all An real and real and personal estate within this State, whether owned individuals dt corporations, resident or non-resident, shall be liable to taxation subject to the exemptions herein- after specified. 2. Seo. II. And be it further enacted,^That the term detaedfate" "real estate" as used in this Act, shall be Construed to in- elude land itself, all buildings or other articles erected upon or affixed to the same, all mines, minerals, fossils and quarries, in and under the same, except mines belonging to tCpMSonaity" the State.; and the term "personal estate" as used in this defined, Act, shall be construed to include all chattels, moneys, debts due from solvent debtors, whether on note, bill, draft, judgment or mortgage, or open accounts, goods, wares and merchandize, capital invested in shipping or tonnage, or capital otherwise invested; negro slaves, pleasure carriages, public stocks, and stocks in monied corporations; also, "such portion of the capital of incorporated companies liable to taxation on their capital as shall not be invested in real or personal estate. Sec. 1 Taxable property; " 2 "Real Estate" defined; " 3 "Personal Estate" defined; 44 4 Lands not granted; 44 5 Monied corporations ; 44 6 Free persons of color; 44 7 Professional men; 44 8 Poll Tax ; " 9 Returns—Double Tax; 44 10 Assessments by Receiver; 44 11 Classification; 44 12 Oatli of Tax Payer; 44 13 Receivers Digest; TAX—1851-'2. 289 Property exempt:—Specific Taxes—Poll Tax—Returns. 3. Sec. III. And be it farther enacted, That the follow-Propert7 ing property shall be exempted from taxation, to wit: allexempt* exempted from taxation by the Constitution of this State, or under the Constitution of the United States, all lands belonging to this State or the United States, every building erected for the use of, and used by a college, incorporated academy or other seminary of learning, every building for public worship, every school house, court house and jail, and the several lots whereon such buildings are situated, and all the furniture belonging to each of them, all books and philosophical apparatus, not held as merchandize, and for the purpose of sale, every poor house, alms house, house of industry, and any house belonging to any charitable in- stitution, and the real and personal estate belonging to any charitable institution, or connected with the same, the real and personal estate of any public library and other literary associations, all stocks owned by the State, and by literary and charitable institutions; also, all plantation and mechanical tools, all household and kitchen furniture not above the value of Three Hundred Dollars, not held for purpose of sale or as merchandize, all libraries, all poultry, and Two Hundred Dollars value of other property belong- ing to each tax-payer, and also, the annual crops and pro- visions of the citizens of this State, and all fire-arms and other instruments, and all munitions of war, not held as merchandize, and all wearing apparel of the tax-payer and family, and the holder or owner of stock in any incorporated Company liable to taxation on its capital, shall not be taxed as an individual for such stock. 4. Sec. IY. And be it further enacted, That all landLan(iSBDr_ held under warrants and surveyed, but not granted by the^fedb£jn<* State shall be liable to/taxation in the same manner as ifpay Tax- actually granted. ' 5. Sec. Y. And bs6 it further enacted, That ajl» moniedMonied cOT- or stock corporations deriving income or profit from their poratIOUS" capital or otherwise/ except as before excepted shall be lia- ble to taxation. ' 6. Sec. YI. An/d be it further enacted, That each andFreepeisons every free person/of color, in this State, between the ages ofofcolor* eighteen and fifty, shall be taxed annually the sum of five dollars.* J 7. Sec. YII. And be it further enacted, That the sum Professional of five dollars shall be levied upon all practitioners of law men* physic, dentistry |and daguerrean artists. ' 8. Sec. YIH. .^And be it further enacted, That each and p0n tax. * See also section 20. 19 290 TAX—18Sl-'2 Oath—Receiver's Digest. JTode of classifying returns. every male citizen between the ages of twenty- one and sixty years, shall be taxed annually thereafter Twenty-Five Cents. Returns to p- Sec. IX. And be it further enacted, That the Re- Receivers. ceiver of the tax returns in each county shall receive all re- turns to him on the oaths of the persons making them, and at such valuation as they may affix, and if any person shall Duty of Re- fail to make a return, or to affix a value, the Receiver shall failure?11 make such valuation and assess the tax thereon, from the best information in his power to obtain ; and in cases where no return is made, or no valuation made by the person re- turning, he shall assess a double tax. 10. Sec. X. And be it further enacted, That it shall he- tt fXSiMket the duty of the Receiver to assess all real and personal es- Talue" tate not returned or not assessed by the person returning the same at the full market value. 11. Sec. XI. And be it further enacted, That the Re- ceiver of tax returns shall require all persons to give in each and every tract or parcel of land he or she may own, specifying its location, quality, and the number of acres, if known, and the aggregate value, including the value of the buildings, machinery, toll bridges or ferries on the same, a classification of the personal estate, subject to taxation, as defined in the second section of this Act, specifying the number of negro slaves and their aggregate value, and the aggregate of all other chattels, moneys, debts due or to be- come due from solvent debtors in whatsoever form, and each classification shall be entered in separate columns. 12. Sec. XII. And be it further enacted, That the Re- ceivers of tax returns throughout the State, shall administer to each and every person giving in his or her taxable pro- perty, the following oath, to-wit: "Xou do solemnly swear (or affirm as the case may be) that the account which you now give in, is a just and true accountVf all the taxable pro- perty which you were possessed of, held or claimed on the first day of January last, or was interested in or "entitled unto, either in your own right, or in the right ®f any other person or persons whatsoever, as Parent, Guardian, Executor, Ad- ministrator, Agent or Trustee, or in any otiher manner what- ever; and that it is not worth more than the valuation you have affixed to it, to the best of your knowledge and belief. So help you God." 13. Sec. XIII. And be it further enacted, That it shall be the duty of the several Tax Receivers within the State to take in all taxables hereinbefore enumerated, and enter the same in his book or digest, with the appraised value thereof, following the classification specified in the second Oath of Tax payer. Receiver's Digest. TAX—1851-'2. 291 Amount and Rate of Taxes. and eleventh sections of this Act, and return a copy of the same, made out in fair and legible hand-writing, to the. Comptroller General, and one to the Clerk of the Inferior Court, and one to the Tax Collector, on or before the first day of July in each year, in which digest, shall be careful- ly made out, an abstract, stating each subject of taxation— the amount of aggregate value of each, the number of acres of land, number of slaves, polls, free persons of color, professions, dentists and daguerrean artists. 11. Sec. XIV", And .be it further enacted, That when duty of the Comptroller General shall have received said digest, he Comptroller' is hereby required to examine the same carefully,, to detect any errors therein contained, and having corrected the same if any shall be foun J to exist, he shall then foot up each column, and ascertain the aggregate amount of each and all the digests, and report the same to ITis Excellency the Governor, who, with the assistance of the Comptroller, shall assess such a rate per cent., not exceeding one-twelfth of one per cent, on the entire amount as will raise an amount of revenue, corresponding to the wants of the State, and notify the several Tax Collectors throughout the State, of the rate per cent. sO imposed, and the amount to be collected by him in each county. 15. Sec. XV. And be it further enacted, That the maximum amount so required to be assessed and collected shall not f^'000 Do1" exceed the sum of Three Hundred and Seventy-Five Thous- and Dollars annually. 16. Sec. XVI. And be it further enacted, That the rate i-i2ofi amount of tax to be paid annually to the State, upon thePerten amount of real and personal estate, taxable under this Act, shall be one-twelfth of one per cent,* which shall be levied and collected, and accounted for according to the existing laws, together with the poll tax, and tax on practitioners of law, medicine, free negroes, dentists and daguerrean artists. 17. Sec. XVII. And be it further enacted by the au-duty of thority afoVesaid, That it shall be the duty of the Comp- anTrreastrer troller General, with the assistance of the Treasurer, after 1-12 per cent, .the return of taxes have been made by the Tax Receivers great« of the several counties in this State, to make an estimate amount• of the sum total of taxes, which will be raised under this Act, according to the per'cent, asssessed, and if it should appear that the sum total should exceed the amount of taxes required by this Act to be raised, then the Comp- troller General shall issue his circular directing the Tax Col- lectors of this State to make such deduction in an equal *See next Act, section 22. 292 TAX—1851-'2. Nett Digests—Special Taxes. ratio upon every thing taxed, according to value, as will reduce the sum total of taxes as nearly to the amount re- quired by this Act to be raised as is practicable, the Comp- troller specifying the per cent, deduction necessary to be made. compensa. 18. XVIII. And be it further enacted, That the Tax Re- cefverand* ceivers and Collectors shall receive the same compensation Collector. now a]lowe(J \yj }aw# 19. Sec. XIX. And be it farther enacted, That to nett Nett Digests, ^ digests, as provided for in the seventh section of the Act of 1845 for the Receivers, the default list shall be de- ducted ; and for the Collectors, the insolvent list shall be deducted from the total amount of the digests, and that all taxes due and payable under any of the provisions of this Taxes paid in Act, shall be paid in gold and silver or in the bills of specie Specie tunds. .1 . r . ., . g■ r paying banks of this State. 20. Sec. XX. And be it further enacted, That the fourth JeSSaves. and fifth sections of an Act passed the 22d day of Februa- ry, eighteen hundred and fifty, to levy and collect a tax for each of the political years 1850 and 1851, and thereof- ter, be and the same are hereby continued in full force and effect, saving and excepting so much of the fourth section as is in the following words, to wit: not being over sixty years of age or valueless from decrepitude or disease.* 21. Sec. XXI. And be it further enacted, That nothing in this Act shall be so construed as to relieve Banks, Rail- roads or Agencies of foreign Banks from any special tax heretofore assessed on them or any of them. Sec. XXII. And be it further enacted, That all laws and parts of laws militating against this Act, except such parts of the Tax Acts now in force in this State, as may be ne- cessary to carry out this Act, and which are declared in full force, be and the same are hereby repealed.f *See New Digest, 1080. tThis Act revolutionizes our whole system, and no better synopsis of the pre vious legislation modified or repealed by this Act can he#given than is furnished by this clause of the Act itself. All the former''specific taxes" are repealed except those retained specially by this Act. All the laws necessary for the enforce- ment and collection of Taxes under this Act are retained. Special Tax continued on Banks, &c. Repealing clause. TAX—1851-2. 293 Rate per centum. (Ho. 182.) An Act supplementary to an Act, entitled an Act to levy and collect a Tax for the political yeass 1852 and 1853, approved, January 9, 1852. Approved, January 21. 1852. "Whereas, By the fifteenth section of the above entitled Act, to levy and collect a Tax for the political years Eighteen Hundred and Fifty-Two and Eighteen Hundred and Fifty-Three, it is enacted that the sum of Three Hun- dred and Seventy-Five Thousand Hollars shall be raised for the support of the Government of this State for each of said years; and, whereas, by the fourteenth section of said Act it has been further enacted, that to raise the said sum, for said political years, not more than one-twelfth of one per cent, shall be assessed on the actual value of all the property liable to taxation under the provisions of the above entitled Act; and, .whereas, His Excellency, the Governor of this State, in a Special Message made to the House of Representatives, has expressed his doubts wheth- er the said sum of Three Hundred and Seventy-Five Thousand Hollars, necessary for the support of the Gov- ernment of this State for each of the said political years Eighteen Hundred and Fifty-Two and Eighteen Hundred ana Fifty-Three, can be raised by the assessment of only one-twelfth of one per cent, on the estimated value of the property subject to taxation under said Act, and hath re- commended to the General Assembly, as a precautionary measure, in case the said rate per cent, specified in said Act, shall not be sufficient to raise the said sum for said political -years Eighteen Hundred and Fifty-Two and Eighteen Hundred and Fifty-Three, to pass an Act sup- plementary to said Act, authorizing him and the Comp- troller General, on the return by the several Tax Receivers of this State, of the Higest of property subject to taxation nnder the provisions of said Act, and the value of the same, and upon" the examination and footing up of said Higest, it shall satisfactorily appear to them that the said sum of Three Hundred and Seventy-Five Thousand Hoi- lars cannot be raised by an assessment of one-twelfth of one per cent, on the value returned in said Higest, that they may be authorized ancl empowered to increase the said rate per cent, so much, and no further, as may be suf- 'ficient to raise the said sum of Three Hundred and Sev? enty-Five Thousand Hollars, as aforesaid; now, therefore, for remedy whereof— 22. Section I. Be it enacted ly the Senate and House 294 TAX—1851-'2. Tax Fi. Fas. of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Sayebeei"nc.ent s,ame, That if, upon the return by the several Tax lie- GoranMscp16 ceivers of this State, of .their respective Digests, contain- $375,ooo!0 i-ng the property subject to taxation, and its value, in pur- suance of the provisions as are contained in the said Act entitled an Act to levy and collect a Tax lor the political years Eighteen Hundred and Fifty-Two and Eighteen Hundred and Fifty-Three, it shall appear to His Excel- lency, the Governor, and the Comptroller General of this State, upon the examination and footing up of the same, that the said sum of Three Hundred and Seventy-Five Thousand Dollars, necessary for the support of the Gov- ernment of this State for the said political years, cannot be raised by an assessment of one-twelfth of one per cent, on the aggregate value of all the property as returned by said digest, and subject to taxation, then, in such case, it shall and may be lawful for his Excellency, the Governor, and Comptroller General of this State, and they are here- by authorized to increase the said rate per cent, specified And no more, g^q Tax Act, so much, and no more or further, than will be sufficient to raise the said sum of Three Hundred and Seventy-Five Thousand Dollars, necessary for the sup- port of the Government of this State for each of the po- litical years as aforesaid ; and thereupon forthwith to issue an order to each 6f the Tax Collectors of this State, requi- ring them and each of them to proceed and collect and re- ceive of and from each Tax Payer the amount of his Tax, at and after the rate per cent, so increased, and necessary for the purposes aforesaid. 23. Sec. II/ And be it further enacted by the authority hi filet, aforesaid, That when the Tax Collector of any county ievied?d ^ shall hereafter issue an execution for taxes in arrear, the same shall be directed to all and singular the Sheriffs and Constables of this State, and shall be levied by either offi- cer when the Tax due does not exceed Thirty Dollars ; but where the Tax exceeds that sum, the execution shall be levied by the Sheriff alone, and said officers shall be lia- Rule vs. offi. |^]e be proceeded against by rule, in their respective courts, as is prescribed by law in relation to other execu- tions. Sec. III. And be it further enacted by the authority *11^ aforesaid, That all laws or parts of laws militating against this Act, be and the same are hereby repealed. TAX—1851-'2. 295 M. and W. It. R., and Rome Branch R. R.—Lands in Clinch, Decatur, and Rabun. (No. 183. An Act to prescribe the rate of Tax which shall be paid by the Macon and Western Rail Road, and the Rome Branch Rail Road Companies, and the manner and time of giving in and paying,the same. Approved, January 22, 1852. 24. Section I. Be it enacted by the Senate and House of, Representatives of the State of Georgia, in, General As- sembly met, a/nd it is hereby enacted by the authority of the the same, That the President of the Macon and WesternM. &w. r. Rail Road Company, shall, on or before the first day ofSmeadJai?. January, Eighteen Hundred and Fifty-Three, and annual- ly thereafter, pay into the Treasury on oath, one-twelfth ofraUy- one per cent., or such other rate per cent, as has been or on what a*, may hereafter be assessed by the Governor, under an Act passed at the present session, upon the real and personal property of the citizens of Georgia, on the amount of its Capital Stock actually paid in, as.a Tax on the Capital Stock of the aforesaid Rail Road Company, its appurtenan- ces and furniture ; and also, the same rate per cent, on its money, bonds, notes, accounts or other obligations due, or to become due, and all other property owned by said Com- pany, distinct from the Rail Road and its appurtenances, which is taxed by the laws of the State, if owned by indi- vidual citizens. And if the same Tax shall not be given Double Tax in, and paid in the manner and by the time specified in this give in. Act, the said Company shall pay a double Tax, to be col- lected by execution, to be issued by the Treasurer. 25. Sec, II. Beit further enacted, That the provisions rome Br. r. of this Act, be and the same are hereby extended to the Sme.pay Rome Branch Rail Road Company, and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. (Ho. 184.) An Act to compel persons owning Five Thousand or more Acres of land in the counties of Clinch, Decatur, and Rabun to give in, and pay Taxes for the same in said counties. Ap- proved, January 22, 1852. 26. Be it enacted by the Senate and House of Reprer 296 TAX—1851-2. Lands in Clinch, Decatur, and Rabun. sentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Persons own- the same, That all persons owning lands in the counties of acfes in>0 Clinch, Decatur, and Rabun, who owns Five Thousand or catur.h'and" more. Acres* of land lying in said counties, to give in and tdvelnand pay taxes for the same, in said counties, and it shall be the wunt!kthose duty of the Receiver of Tax Returns of said counties to assess a double Tax on all defaulters owning Five Thou- sand or more Acres of land in said counties, who shall re- fuse or fail to return their land to the Receiver of Returns of Taxes for said counties. Sec. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, be and are hereby repealed. STATUTES OF GEORGIA-1851-2, PART II—LOCAL AND PRIVATE LAWS. TITLE I. ACADEMIES,* COLLEGES, FREE SCHOOLS, TEACHERS OF POOR, &o. No. 185 > " 186 " 187 190 191 192 193 194 195 196 197 198 199 200 201 Oglethorpe University. J Geoi'gia Military Institute. Southern Bot. Medical College. Griffin Synodical College. Newnan Female College. Griffin Collegiate Seminary. . Brownwood University, &c. South Western and Albany Male and Female College. Central Female College, &c. Southern and Western Female College. LaGrange Female College. South. & other Female Colleges. Americus Female Institute. Southern Liberal Institute. Washington Co. Fem. Institute. Camden County Academy. Atlanta & Flint River Academy. . 202 Barnesville Male and Female # High Schools. ' 203 Mt. Zion and other Academies. ' 204 Oak Bridge Academy. ' 205 Attapulgus & other Academies. ' 206 Baldwin Male & Female Acad. ' 207 Poor School Fund in Chatham. ' 208 School Fund in Lowndes. ' 209 School Fund in Twiggs. ' 210 School Fund in Walker. ' 211 Teachers in DeKalb. ' 212 Teachers in Early county. ' 213 Teachers in Hall county. ' 214 Teachers in Jasper county. ' 215 Teachers in Laurens county '• 216 Do. in Newton county. " 217 Do. in Pike county. ' 218 Do. in Upson county. '219 Do. in Walton and Henry. (No. 185.) An Act to amend the several Acts incorporating Oglethorpe University, and to appoint additional Trustees. Approved, January 22, 1852. "Whereas, by the Act of incorporation of Oglethorpe University, the direction and management of the Univer- sity, and of the Manual Labor Institution attached thereto, was vested in Hopewell Presbytery, or any other assembly or body to which said Presbytery may transfer its authori- ty over said Institution ; and, whereas, the control and * Several Acts relative to Academies may be found under Title-" Churches and Charitable Institutions," being included in same Act with such Churches, &c. 298 ACADEMIES, COLLEGES, Ac.—1851-'2. Oglethorpe University—Georgia Military Institute. superintendence of said University have been transferred by Ilopewell Presbytery to the Synods of Georgia and South Carolina, and said Synods having appointed eigh- teen Trustees each, and the Synods of Alabama having by invitation of the Georgia and South Carolina Synods, ap- pointed eighteen Trustees— 1. Be it enacted by the Senate and House of Repre- sentatives in General Assembly met, and it is hereby enact- ed by the authority of the same, That the transfer of the Synods of0 direction and control of Oglethorpe University, and of the so^R'caro- Manual Labor Institution attached thereto, by Hopewell Una legalized. Presbytery, to the aforesaid Synods of Georgia and South Carolina, and the appointment of eighteen Trustees by each Offjoard o?n ®.fn0^s Georgia, South Carolina and Alabama, Trustees, °&c hereto made, and hereby confirmed and rendered legal, and that hereafter all the acts and proceedings of said Trustees, or a competent quorum thereof, heretofore had in pursuance of said charter, are hereby confirmed and rendered valid; and that hereafter each of said Synods shall continue to have authority to appoint eighteen Trustees on its part, or any less number, at its discretion, for the terms or periods of time established by the existing regulations, or such as may hereafter be adopted for the government of said in- stitutipn of learning-, and the same to renew at pleasure. And the Trustees now appointed, and their successors, shall possess and exercise all the powers and authority conferred on the Trustees by the Act of incorporation, and by the Acts amendatory thereof, subject to the proviso in said Aqt of incorporation. (Ho, 186.) An Act to incorporate the Georgia Military Institute, and for other purposes therein named.* Approved, December 8, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- serribly met, and it is hereby enacted by the authority of taryTnstkutej the same, That David Irwin, Andrew J. Hansell, Win. P. incorporated.'Young, John H. Glover, Martin G. Slaughter, David * For Act appropriating a certain amount annually for the education of State cadets, see Part I, Academies, Sec. — ACADEMIES, COLLEGES, &c.—1851-'2. 299 Georgia Military Institute. Dobbs, John Jones, Charles J. McDonald, "William Harris, Mordecai Myers, and James Brannon, together with their associates, and sncli 'persons as may hereafter become as- sociated with them as Stockholders in the premises, and their successors and assigns, be and they are hereby con- stituted a body j>olitic and corporate, by the name and style of the Georgia Military institute, and by that name styi™6 atld and style may hold real and'personal property, to anjr amount necessary for the purposes of the same; shall have uaKfuieTd and use a common seal, and shall be capable of sueing and being sued, pleading and being impleaded, and shall have power by and through its Board of Trustees, to make such by-laws, rules and regulations, for the government of the same, as may be deemed necessary and expedient; Pro- vided, The same be not contrary to the Constitution and Laws of this State, or of the United State. Sec. II. And be it further enacted, The Trustees and Faculty of said Institute be, and they are hereby author- T^dlgi^0.011" ized, to confer the degree of graduate of the Institute, upon such Cadets as are found qualified to receive it, after full examination upon all the branches of the arts and sciences, and of literature, that are taught in the same. Sec. III. And be it further enacted, That the real and Propertyex. personal property of said corporation, be and the same is t^/0r£m hereby exempted from all taxation, so long as the same is used for the exclusive purpose of education. Sec. IV.'And be it further enacted, That the Profes- Professors, sors, Teachers and Cadets of said Institution, shall be, and from Militia, they are hereby exempted from all Militia, Jury and Boad iS ft-, duty, so long as they are members of the said Institute. Sec. V. And be it further enacted, That his Excellency^ i y-i i -i-i'ii -i-T i J Governor to the Governor, be and he is hereby authorized, to apply to arms» the United States Government, (under the law of Congress for the distribution of arms to the States,) for one hundred and twenty stand of short muskets, with accoutrements, and for eighteen small swords, and also for a battery of four six-pounder field pieces, for the use of said Military Institute. The said arms to be received from the General Government in lieu of other arms of equal value due to the State of Georgia, and that his Excellency be authorized to deliver the said arms, when received, to the Trustees of the said Institute, upon the usual security being given that said arms be properly taken care of and returned to the State when called for. Sec. VI. And be it further enacted, That all laws and Kepealin? parts of laws militating against this Act, be and the same clause, are hereby repealed. 300 ACADEMIES, COLLEGES, &c.—1852~'2. Southern Botanico Medical College—Griffin Synodical College. (No. 187.) An Act to endow the Southern Botanico' Medical College at Ma- con, Georgia. Approved, January 21, 1852. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of pnatedappro" the same, That the sum of Five Thousand Dollars, be and the same is hereby appropriated to and for the use and benefit of the Southern Botanico Medical College of the State of Georgia, for the purpose of enabling the Board of Trustees of said Institution to errect a building, procure apparatus, library and . museum, and for such other pur- poses as the Board in their judgment may deem most prudent. • How to be Sec. II. Be it further enacted, That the said appropri- rawn* ation shall and may be drawn from the Treasury of the State in semi-annual payments by the Treasurer of said Board, on presenting an order for the same, with the pro- per signatures, and seal of the said Institution, one-half to be paid on the first day of March 1852, and the other half on the first day of September thereafter. fvomeachnt Sec. III. And be it further enacted, That one Student n^tncffo'te from each Congressional District in this State, shall he enti- ofcto/e.free tled to receive the necessary instruction for graduation in said College, free of charge, said Students to be selected and all vacancies in said number to be filled by the Facul- ty of said Institution. (No 188.) An Act to incorporate the Griffin Synodical College, and to grant to such corporation certain rights, immunities and priv- ileges. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- incorporated. sem]j[y me^ anci fa Ji6ret)y enacted by the authority of the sam,e, That John B. Keid, Hugh P. Kirkpatrick, Cur- tis Lewis, James II. Stark, Egbert P. Daniel, William IV. Chapman, James S. Long, James S. Jones, Andrew K. Moor, "W. J. Keith, W. M. Cunningham, J. B. Stevens, ACADEMIES, COLLEGES, &c.—1851-'2. 301 Griffin Syno'dical College. J. G. Alexander, It. T Marks, Andrew J. Peden, Washington Poe, William Markham and Cyrus Sharpe, Trustees, and their successors, be and they are hereby constituted a body politic and corporate under the name and style of the "Griffin Synodical College," that they may have a com- Name and mon seal, a perpetual succession of officers and membersstyle> and are hereby declared capable of sueing and being sued, Power? and IT i • « i ■, i i -i 'Liabilities. impleading and being impleaded, answering and being an- swered unto, and said corporation may take, have, possess and acquire by gift, grant, purchase, bequest or devise lands, tenements, hereditaments, goods, chatties, and other estates, and may collect all donations now due them, or hereafter to fall due them by donation, subscription or otherwise, and all the estate acquired or hereafter to be acquired by them, said corporation may have, use, improve and convey. Sec. II. And be it further enacted, That the Trustees afore- said & their successors in office shall be empowered to receive all gifts, grants, legacies, privileges and immunities, which Devise?, gifts, may be made or bequeathed to them, and that no misnomer of f£'01 lands* the corporation or other technical error shall prevent its rights from testing, when it may appear, or shall be ascertained that it was the intention of the party or parties to give, grant, bequeath or devise any estate, property, right or in- terest to said corporation. Sec. III. And be it further enacted, That all the estate of to be held by said corporation, shall be for the use of the Synod of the Presbyterian Church of the State of Georgia, to be applied to educational purposes, in the erection, en- dowment and support of a College, for the education of females and female teachers in the city of Griffin, and all the actings and doings of said Trustees shall be subject to the supervision and control of said Synod, who shall from time to time, fill all vacancies in the Board of Trustees and all the estate of said corporation shall revert to the donors, if said College or School shall be abandoned by don™010 the Synod. Sec. IV. And be it enacted by the authority aforesaid, That the Board of Trustees shall be composed of eighteen Organization members, at least two-thirds of whom shall be Ministers Trustees, and Laymen of the Presbyterian Church, and shall hold their office during their residence within a convenient dis- tance of the city of Griffin, or during their own pleasure or the pleasure of the Synod, so long as their qualification as a minister or member of said church may continue, but such number as may be prescribed by the by-laws may constitute a quorum for tfye transaction of-business from time to time. 302 ACADEMIES, COLLEGES, &c.—1851~'2. Newnan Pem&le College. Sec. Y. Be it further enacted, That said corporation By-laws. shall have power to make such by-laws for the government of said College and corporation, as to them may seem proper, not inconsistent with the Constitution and Laws of Course of this State or of the United States, to prescribe the course- offi£is. of study, elect "all necessary officers and professors, and dis- miss the same at pleasure, provided such rules as they may Degrees. deem proper to confer through the faculty of the College such honors, degrees, medals and privileges as are usually conferred in other Colleges. Sec. Yl. And be it further enacted, That the lots, build- Property ex- ings, and other property of said corporation shall not be Taxation? subject to the payment of city or other taxes. Sec.. YII. And be it further enacted by the authority Repealing afroesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 189.) An Act to incorporate Newnan Female College. Approved, January 12, 1852. 85. Section I. Be it enacted by the Senate and Bouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Newnan Fe- the same, That from and after the passage oi this Act, £^oratld?-John Bay, Hugh Brewster, Dabney P. Jones, Andrew J. Berry, jeptha Y. Davis, Bobert Fleming, Joseph J. Pin- son, Edward M. Story, J. Y. Alexander, Andrew B. Cal- houn, Gilbert D. Greer, and Thomas A. Latham, and their successors in office, be and they are hereby constituted a Board of body corporate and politic, under the name of the " Trus- Trustees, tees of Newnan Female College." Said Board of Trus- tees shall consist of twelve members. Vacancies, Sec. II. And be it further enacted, That the Trustees how filled, aforesaid, in their corporate character and name, shall have perpetual succession, and when any vacancy shall occur in said Board of Trustees, by death, resignation, or other- wise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancy. President. Sec. III. And be it further enacted, That the Trustees, or a majority of them, shall have the power of appointing ACADEMIES, COLLEGES, Ac.—1851-'2. 303 Newnan Female College. annually, a President, or Principal Teacher; said Presi- dent, when appointed, shall have power to employ any number of Professors, or Assistant Teachers, he may think Professors,&« necessary; and said Trustees shall have power to make and enforce all laws and regulations, not repugnant to the By-Laws, Constitution and Laws of this State, that may be required for the well being of the Institution, prescribe a course of study,, establish the tuition, and to do and perform all other things that the interest of the College may require. Sec. IY. And be it further enacted, That the President degrees, of the College, by and with the consent of the Trustees, shall have power to colifer all such Literary Degrees as are usually conferred in Colleges and Universities, and shall preside at all the public exercises of the College. Sec. Y. And be it further enacted, That the said Trus- devises, gifts, tees be empowered to receive all gifts, grants, legacies,&c' privileges and immunities, which may be made or be- queathed to said College under this Act, and no misno- mer of the corporation, or technical error, shall prevent its rights from vesting, when it shall appear or be ascertained that it was the intention of the party or parties to give, grant, or bequeathe, any property, real or personal, or any rights or interest, to said College ; also, to use a common seal under the name aforesaid, and shall be capable of sue- seal, ing and being sued, pleading and being impleaded. Sec. YI. And be it further enacted, That lot number lot exempt fifty-eight, (58) in the town of Xewnan, Coweta county,from sale' and the buildings located thereon, and incorporated by Act of Eebruary twenty-third, Eighteen Hundred and Eifty, as "Xewnan Male and Eemale Seminary," shall not be subject to any judgments or executions that may hereafter be obtained against the Trustees herein before mentioned, or their successors in office. Sec. YII. And be it further enacted, That the Act of repealing Eebruary twenty-third Eighteen Hundred and Fifty, in-clause" corporating "Xewnan Male and Eemale Seminary," in the town of Xewnan, Coweta county, and all former Acts in- corporating Male and Female Academies in Xewnan, and all -former Acts in relation thereto, and all Acts which militate against this Act, be and the same are hereby re- pealed. 304 ACADEMIES, COLLEGES^ &c.—1851-'2. Griffin Collegiate Seminary. (No. 190.) An Act to incorporate the Griffin Collegiate Seminary for Young Ladies, and to appoint Trustees for the same.. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Bejjresentatives of the State of Georgia in General Assembly met, and it is hereby enacted fty the authority of Board of the same, That from and after the passage of this Act, John B. Reid, William R. Phillips, William W. Chap- man, John G. Hill, Archibald A. Gaulding, William Free- man, Absolom Gray, William Cline, Rufns W. McCune, Arch M. Noll, Augustin L. Borders, J. Jefferson Puree, ' and their successors in office, be and they are hereby con- stituted a body corporate and politic, by the name* and style of the Griffin Collegiate Seminary for Young Ladies, said Board to augment in number by the present Board* at pleasure; Provided, That not more than twenty-four shall at anytime exist. Powers, privi- Sec. II. And be it further enacted, That the Trustees bifitieT ha" and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable of sueing and being sued, pleading and being impleaded; also, to have, take, possess, and acquire, by gift, grant or purchase, lands, tenements, hereditaments, goods, chattels, and other estates, and the same to be used for purposes of education. Appointment Sec. III. And be it further enacted by the authority 01 llllc pa1, aforesaid, That the Trustees, or a majority of them, shail have power to appiont a Principal for the Seminary, and His powere. that said Principal shall have the right and power to ap- point Assistants, prescribe a copse of studies, to make and enforce all such laws as the internal policy of the Semi- nary may require, establish the rate of tuition, adjust ex- penses, and adopt such regulations as the good of the Sem- inary may require, vacancies, Sec. IY. And be it further enacted, That the Trustees aforesaid, in their corporate character and name, shall have perpetual succession, and when any vacancy shall occur in said Board of Trustees, by death, resignation, or otherwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancies. Degrees, &c. Sec. Y. And be it further enacted by the authority aforesaid, That the Principal of the Seminary shall have power to confer all such honors, degrees, medals, and priv- ileges, as are usually conferred in Colleges and Universi- ACADEMIES, COLLEGES, &o—1851-'2. 305 Brownwood University. ties, and shall preside at all the public exercises of the Seminary. Sec. YI. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militatingclause* against tjiis Act, be and the same are hereby repealed. (No. 191.) An Act to incorporate, Brownwoocl University, located in Troup county, and to confer powers on the same, and to incorporate the Presbyterian Church, in the town of Marietta. Approved, January 12, 1852. . Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sernbly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Brownwood Otis Smith, President, and any number of Trustees he SoS,1** may hereafter appoint, not to exceed thirty, and their sue- cessors in office, be and they are hereby constituted a body corporate, for the purposes of education, under the name and style of Brownwood University, and as such mdy have a common seal, sue and be sued, plead and be impleaded, Powersandli. answer and be answered unto, and shall have, take and *bait», hold, by gift, grant, bequest, or otherwise, real or personal estate, or other property, corporeal or incorporeal, for the purposes aforesaid. Sec. II. Be it further enacted, That the President ofpr0feaSoK.l&« said University shall have power to appoint such number of Professorships, and employ such number of Professors, • Adjunct Professors, Tutors, and Assistants, as he shall deem necessary ; and may make and enforce all such by-By-Laws, laws, rules and regulations, as he shall deem necessary and convenient for the good government and well being of said University, which shall not be repugnant to the Constitution and Laws of this State, or of the United States, may prescribe a course of study, establish the rate of tuition, and to do and perform all other things that the good of the University may require. Sec. III. Be it further enacted, That said President and conferring Professors, or Assistants, shall have power and authority deerees* to confer such honors, degrees, medals and privileges, as 20 306 ACADEMIES, COLLEGES, &c.—1851-'2. Presbyterian Church at Marietta. are usually conferred in Colleges and Universities, to grant diplomas, in manner and style as they shall deem appro- priate, and the President, or such Professor or Assistant as he shall appoint, shall preside at the public exercises of the University. Trustees, Sec. IY. Be it further enacted, That said President shall have power to appoint Trustees, if he shall deem such an appointment desirable^ and not otherwise, and the failure to appoint shall not in any way affect this charter, and he shall fill all vacancies. Said corporation shall have per- petual succession. limit of Sec. Y. Be it further enacted, That the charter granted charter, by this Act shall be limited to the term of thirty years, and all laws and parts of laws militating against this Act, be and the same are hereby repealed. Sec. YI. Be it further enacted, That from and after the Presbyterian passage of this Act, the Presbyterian Church, in the town porated|ncor" of Marietta, shall be called and known by the name and style of the Presbyterian Church-at Marietta, and that IS! or man L. Chester, Andrew J. Hansel], Thomas E. Hu- son, "William J. Kussell, and E. M. Allen, and their sue- cessors in office, be and they are hereby appointed a body politic and corporate, by the name and style of the Trus- tees of the Presbyterian Church at Marietta, Cobb county, • Powers, &c. and as such, shall be capable in law to sue and be sued, to receive by gift, devise, bequest, or purchase, to hold, use, and dispose of any property which may be given, or which may belong to said Church, and shall have power to make all by-laws necessary and proper for carrying their powers into effect, and may have and use a common seal, and ap- point such officers as to them may seem proper and neces- sary, and to remove the same at pleasure ; Provided, The same shall not be contrary to the Constitution and Laws of this State. Sec. YIII. Be it further enacted, That when any vacan- vacancies in cy in the Board of Trustees shall happen by death, rcsig- Boafd, nation, or otherwise, the same shall be filled by the elec- tion or appointment of others, by the remaining Trustees, or a majority of them, in such manner as they may direct by by-laws, any law or usage to the contrary notwith- standing. ACADEMIES, COLLEGES, &o.—1861-'2. 307 Baptist Female College of South Western Georgia. (No. 192.) An Act to incorporate the Baptist Female College of South-West- ern Georgia, and to incorporate the Albany Male and Female College, and to confer certain privileges upon the Trustees therein named. Approved, December 22, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assent- bly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Incorporated. Roger Q. Dickinson, David A. Yason, Ebenezer W. War- ren, Joel W. Perry, William IT. Wade, Jesse H. Camp- bell, James Clark, Francis F. Leig, William Janes, John W. Wilson, Thomas Muse, William L. Crawford, Richard Thornton, John U. Fletcher, Jesse Stallings, and their sue- cessors in office, be and they are hereby constituted a body corporate and politic by the name of the Baptist Female College of South-Western Georgia, and that they, as Trus-Name- tees for educational purposes, may proceed to organize themselves, and appoint all necessary officers to carry into effect the objects of their incorporation, and shall hold01Boers" their offices of Trustees as aforesaid, until their successors shall be elected, as hereinafter provided for. Sec. II. And be it further enacted, That the Trustees and their successors in office, under the name and style Trustees, aforesaid," may use a common seal or scroll, and shall be capable of sueing and be sued, pleading and being iim pleaded; also, to have, take, possess, and acquire, by gift, grant, or purchase, lands, tenements, hereditaments, annui- ties, notes, subscriptions, obligations, or other evidences of debt, goods, chattels, and other estates or property, and the same to use, lease, improve, collect and convey, in fee simple; and they are specially empowered to receive -all gms, be- gifts, grants, legacies, privileges, and immunities, whichquest's'&c* may be made or bequeathed to it, the said Baptist Female College of South-Western Georgia, and that no misnomer, of the corporation, or other technical error, shall prevent its rights from vesting, whenever it shall be ascertained that it was the intention of the party or parties, to give, grant, or bequeath, any property whatsoever to the corpo- ration. Sec. III. And be it further enacted, That the said Col- Electionof lege being the property of a number of persons subscribing to the same, under the supervision of the Bethel Association, the said Trustees having been elected by said Association, shall hold their offices as aforesaid, until the next regular 308 ACADEMIES, COLLEGES, Ac.—1851-'2. Baptist Female College of South Western Georgia. meeting of said Association, and until their successors shall be elected in manner following, to wit: The said Bethel Association shall on sncb day as may be designated by sucli body, annually proceed to the election of not less than seven nor more than twenty-one Trustees, a majority of whom shall be members of the Baptist Church in good standing, and that said College shall be under the man- agement and control of the Trustees as aforesaid, who shall Annual report annually make a full report of its condition to said Bethel Association. The said Trustees shall have the power from time to time, to fix upon the number of their body neces- sary to constitute a quorum for business ; Provided, The same shall never be less than one-third of the number elect for the time being; and they and their successors in office shall have power and authority to make all such laws, rules and regulations, for the government of said College, By-Laws,&c. or for the transaction of business by their own body, as they may deem fit and proper; Provided, Nothing in said by-laws, rules and regulations, be repugnant to the laws of this State and the united States. Sec. IY. And be it further enacted, That the said Trus- VaC mild ; tees as aforesaid, and their successors in office, in their cor- hovr e' porate character and name, shall have a perpetual succes- sion, and when any vacancy shall occur in. their number by death, resignation, or otherwise, the remaining Trus- tees, or majority of a quorum, may fill such vacancy, till the next election by the Bethel Association. * Sec. V. And be it further enacted, That the Trustees aforesaid, and their successors in office, shall have power and authority to negotiate loans, or enter into any contract which a majority of the Trustees shall deem necessary for the use of said College, and to secure said contract and loans, or other negotiations, by pledging, hypothecating, or mortgaging, any of the property of said corporation, except the College buildings, library, apparatus, or other appurtenances, and the lot or lots on which any or all of said buildings may be situated, which said property shall be held free from levy and sale, under any judgment or de- cree of any Court whatever. Sec. VI. And be it further enacted, That the President or Principal of said Faculty, and in his absence, the oldest member of the Faculty, as the case may be, by and with the consent of the Trustees, shall have power to confer all honors, degrees, and license, as are usually conferred in Colleges or Universities, and shall preside at all public exercises of the said Collegiate Institute. Sec. VII. A.nd be. it further enacted, That the real and Power m mak,ngcon. tracts, &c. Degre'S ACADEMIES, COLLEGES, &c.—1851->2. 309 The Central Female College. personal estate which may be owned by and vested in Exempt from said College, be and the same is exempted from State andlaxatl0n* County taxes, any law to the contrary notwithstanding. Sec. YIII. Be it further enacted, That JST. W. Collier, M. Kenan Herd,- David A. Yason, Lott Warren, and B. 0. 6 Dickenson, and their associates, be and they are hereby °ese' incorporated under the name of the Albany . Male and Fe- • male College, with the powers, rights and privileges, con- tained in the first, second, fifth, sixth, and seventh sections of this Act. (Ho. 193.) An Act to incorporate the Central Female College, under the care of the Methodist Protestant Church, Georgia District, lo- cated in Culloden, and to incorporate Mount Vernon Acade- my, in Butts county. Approved, January 21, 1852. Sec. I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That John Webb, John Bass, William M. Big- The Centrdl gers, McKendree Tucker, Isaiah C. Wallace, John B. Mc- ^ncoS- Daniel, James Lavender, William Griffin, Iiezekiah Mc-ratedi Gruder, Philemon Ogletree, Henry A. Smith, Thomas Hutchings, Dudley W. Hammond, John L. Woodward, Caleb M. JSTorwood, Irwin II. Woodward, and John W. Persons, and their successors in office, be and they are < hereby constituted a body corporate and politic, under the name of the Central Female College, under the care and 'direction of the Methodist Protestant Church, Georgia • District. Sec. II. And be it further enacted, That the Trustees Powers, &c. aforesaid, and their successors in office, under the nameofTrusto' and style aforesaid, may use a common seal, and shall be capable of sueing and being sued, pleading and being im- pleaded; also, to have, take, possess, and acquire, by gift, grant, or purchase, lands, tenements, hereditaments, goods, chattels, and other estates, and the same to use, lease, im- prove, and convey in fee simple.. Sec. III. And be it further enacted, That the Trustees Gifts, iega. aforesaid shall be empowered to receive all gifts, grants,Cles> &c* 310 ACADEMIES, COLLEGES, Ac.—1851-'2. The Central Female College. legacies, privileges, and immunities, which now belong to, or may hereafter be made or bequeathed to it, and 110 mis- nomer of the corporation, or other technical error, shall prevent its right from vesting whenever it shall appear or be ascertained that it was the intention of the party or parties to give, grant, or bequeath, any property, real or personal, or any right or interest to the said corporation. Sec. IY. And be it further enacted, That the Trustees contracts by aforesaid, and their successors in office, shall have power Trustees, £0 -|30rr0W m0ney, negotiate loans, or enter into any. con- tract or contracts, which they, or a majority of them, shall deem necessary to, and for the use of said College, and to secure said loans, contracts, or other negotiations, by pledg- ing or mortgaging the property of said Institution, or in any other way which they, or a majority of them, shall or may determine. Sec. Y. And be it further enacted, That the said Trus- By-Laws, tees, or a majority of them, shall have power and author- ity to make all such rules, laws and regulations, for the government of said College, as they may deem fit and proper; Provided, That nothing in such by-laws, rules, and regulations, be repugnant to the Constitution and Laws of the State of Georgia, or the United States. Sec. YI. And be it further enacted, That the Trustees vacancies aforesaid, in their corporate character and name aforesaid, how ailed, shall have perpetual succession; and where any vacancy or vacancies shall occur in said Board of Trustees, by death, resignation, or otherwise, the remaining Trustees, or a majority of them, shall have the power to fill such vacancies ; and the said Trustees, or a majority of them, shall have the power of increasing the number of the Board of Trustees to twenty-three, whenever they, in ' their discretion, shall deem the same proper for the inter- est of said College. Sec. YII. And be it further enacted, That the Trustees, Pr s. ]ent or a majority of them, shall have the power of appointing Professors',&ca President, Professors, Secretary, Treasurer, and Stew- other officers ar(^ an(^ other officers they may think necessary for ' said College, and the same, or any of the same, to discon- tinue and remove when they may think fit; Provided\ A majority of the Trustees concur in such removal. Sec. YIII. And be it further enacted, That the Trus- course of ^ees shall prescribe the course of studies to be pursued in rii^iion" sa^ College, appoint and fix the salaries of the different &c-' ' officers, establish the rate of tuition, adjust the expenses, and adopt such regulations, not otherwise provided for, as the good of said College may render necessary. ACADEMIES, COLLEGES, &c —1851-'2. 311 Mt.JVernon Academy—Southern and Western Female College. Sec. IX. And be it farther enacted, That the President degrees, of the College, by and with the consent of the Trustees, shall have power to confer all such honors-,- degrees, and licenses, as are usually conferred in Colleges or Univer- sities, and shall preside at all the meetings of the Trustees and at all the public exercises of the College. Sec. X. And be it further enacted, That all the meet- meetings of ings of the Board of Trustees shall be held in the village Board' of Culloden, in the county of Monroe, and a majority ofauornm, the Trustees living, shall, at all times, be competent to transact any business appurtaining to the College, and to exercise all powers, privileges, and duties herein before conferred on the Board of Trustees. Sec. XI. And be it further enacted, That Thomas J. Mt. Vemon Saunders, William McLane, Hampton T. Dicken, Egbert ™?porTed.m* P. Daniel, and Daniel Tliggins, and their successors, be and they are hereby.declared a body corporate, by the name and style of the Trustees of Mount Yernon Acad- emy, in Butts county, and they may use a common seal, and be capable of sueing and being sued, pleading and being impleaded; also, to have, take, possess and acquire, by gift, grant, or purchase,lands,tenements, hereditaments, goods, chattels, and other estates, and the same to be used for the purposes of education ; and said Trustees, in their corporate character, shall have the power of exercising all the corporate powers necessary for the purposes of their incorporation, that are not contrary to the Laws of the State, or the Constitution of this State, or the United States. (Ho. 194.) An Act to change the name of the " LaGrange Female Colle- giate Seminary." Approved, January 14, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the "LaGrange name of the "LaGrange Female Collegiate Seminary,"lelkresemt be changed to the name of the "Southern and Westernedtosf&vT. Female College," and that all the rights and powers and $£¥?* CoU 312 ACADEMIES, COLLEGES, &c.—1851-'2. LaGrange Female College. rivileges granted to the " LaGrange Female Collegiate eminary," continue to the said "Southern and Western Female College," any law or usage to the contrary not- withstanding. (No. 195.) An Act to change the name of the LaGrange Female Insti- tute, incorporated by Act of the Legislature, approved, De- cember 17, 1847, and for other purposes therein mentioned. Approved, December 26, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it ts hereby enacted by the authority of the LaGrange same, That from and after the passage of this Act, the ta1™aihanng1d name of the LaGrainge Female Institute, incorporated by Fem&T Act of the General Assembly, approved, 17th of Decern- lege, ber, 1847, be and the same is hereby changed to the name of the LaGrange Female College, and that all the powers, privileges and immunities, granted to the LaGrange Fe- male Institute, shall continue and inure to the LaGrange Female College. Sec. II. And be it further enacted, That the Trustees, £ori^toUseiiin whom is vested the title to the houses and lots on which fcteT9 ^ the LaGrange Female Institute has heretofore been situa- ted, are authorized to sell the same, at public outcry, so soon as the same can be done on such terms as they shall deem best, subject, however, to the lien or liens of Joseph T. and Hugh B T. Montgomery, or either of them, on the same. Sec. III. Be it further enacted, That all laws and parts ?i!SSms °f laws militating against this Act, be and the same are hereby repealed. ACADEMIES, COLLEGES, &c.~-1851-'2. 313 Southern Female College. (No. 196.) An Act to incorporate the Southern Female College, located in the town of Covington, Newton county, and to authorize the Trustees of the Female Seminary of the said county to con- vey the lot of land, in the town of Covington whereon the Fe- male Academy now stands, to the Trustees of said College ; and also to incorporate the Chalmers Female College,x located at Scottsboro'; also, to incorporate the Baptist Church of Christ, at Macon, and to appoint Trustees for the same ; also, to amend an Act entitled an Act to incorporate Madison Collegiate In- stitute, assented to 17th day of January A. D. 1850. Ap- proved, December 3, 1851. Section I. Be it enacted By the Senate and House of Representatives of the State of Georgia in General As- semBly met, and it is hereby enacted By the authority of the same, That Joseph S. Anderson, Williain D. Conyers, Southern Fe- John P. Carr, John B. Hendrick, Joseph H. Murrell, ftob-lS^SS1 ert O. Usher, Thomas F. Jones, William P. Anderson, Columbus L. Pace, John Harris, and John J. Floyd, and their successors in office, be and they are hereby con- stituted a body corporate and politic by the name of the Southern Female College. Sec. II. And be it further enacted, That the Trustees pow,erg and and their successors in office, under the name and style of aforesaid, may have and use a common seal, and shall be capable of sueing and being sued, pleading and being im- pleaded; also, to have, take, receive, possess and acquire by gift, grant or t purchase, lands, tenements, hereditaments, goods, chattels, or other estates, and the same to use, lease, improve, and convey in fee simple. Sec. III. And be it further enacted, That the said Trus-Giftgj be_ tees and their successors in office shall be empowered to re- &c* ceive all gifts, grants, legacies, privileges and immunities which now belong to the said College, oi^ which may here- after be made or bequeathed to it; and no misnomer of the corporation or other technical error shall prevent its rights from vesting wherever it may' appear, or shall be ascer- tained that it was the intention of the party or parties to give, grant or bequeath any property, real or personal, or any right or interest to the said corporation. Sec. IV. And be it further enacted, That the Trustees contracts of aforesaid, and their successors in office shall have powerTrustees* and authority to borrow money, negotiate loans, or enter into any contract or contracts which .they or a majority of them shall deem necessary to and for the use of said Col- lege, and to secure said contracts, loans or other negotia- 314: ACADEMIES, COLLEGES, &o.—1851-'2. Southern Female College—Chalmers' Female College. tions by pledging or mortgaging the property of the said Institution, or in any other way which they or a majority of them shall or may determine. Sec. Y. And be it further enacted, That the said Trus- By-Laws andtees anc^ their successors in office, or a majority of them, regulations', shall have power and authority to make all such laws, rules and regulations for the government of the said College as they may deem fit and proper; Provided, Nothing in such by-laws, rules and regulations, be repugnant to the Constitution and Laws of the State of Georgia or of the United Sates. Sec. YI. And be it further enacted, That the Trustees Vacancy | aforesaid, in their corporate character and name, shall have h°w en . perpetuaj succession, and when any vacancy shall occur in the said Board of Trustees, by death, resignation or oth- erwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancy or vacancies. Sec. YII. And be it further enacted. That the Trustees &c or a majority of them shall have the power of appointing a President, Professors and Tutors, and all other officers they may think necessary for said College, and the same or any of the same to discontinue and remove when they think fit; Provided, A majority of said Trustees concur in such removal. Sec. YIII. And be it further enacted, That the Trustees st°udS,°saia. shall prescribe the course of studies to be pursued and nes. &o. taught in said College, appoint and fix the salaries of the different officers, establish the rates of tuition, adjust the expenses and adopt such regulations, hot otherwise provi- ded for, as they deem necessary for the interest of the College. Sec. IX. And be it further enacted, That the President Degrees. 0f College, by and with the consent of the Trustees, shall have power to confer all such honors, degrees and licenses as are usually conferred in Colleges or Universities, and shall preside at all the public exercises of the College. Sec. X. And be it further enacted, That the Trustees of Academy to ^ew^on County Female Seminary be, and they, or a majori- oonveTland. ty of them, are hereby authorized by deed to convey to the said Southern Female College, the lot of land situated in the town of Covington, known, as the Female Academy lot, with all the rights, members and appurtenances belong- ing to the same, and to convey any other property be- longing to the said Seminary, that they may think proper, to the said College. Chalmers Sec. XI. Be it enacted, That Washington Baird, Prm- femaTeCoi. cipal, and Seaton Grantland, Farish Carter, A. LI. Hansell, T H_ y j-ohnspll) Tomlinson Fort, S. K. Tal- ACADEMIES, COLLEGES, &o.—1851-'-2. 315 Chalmers Female College—Baptist Church in Macon. mage, J. W. Baker, M. Grieve, I. L. Harris, D. R. Tucker, and James C. Whitaker, and their successors in office be and they are hereby constituted a body corporate and politic, under the name and style of the Chalmers Female College, to be located at Scottsboro', with "powers to have and use a common seal, sue and be sued, plead and be im- pleaded, and to have, take, hold and enjoy, any real or personal estate, or other property for the purposes of fe- male education. Sec. XII.* Be it further enacted, That the said Principal Power of and his successors in office, shall have power and authority FrmclpaK to employ associate and assistant Teachers, to make ail needful and proper rules and regulations for the govern- mentof the Institute and its scholars, not repugnant to the Constitution and Laws of this State, to prescribe the course By_Laws* of studies, fix the rates of tuition, and confer such honors, Degrees, degrees, medals and privileges, as are usual in Colleges and Universities, and to grant suitable diplomas. Sec. XIII. And be it further enacted, That the Board , of Trustees, or a majority of them, shall have power to fill dSP m all vacancies in their own body, and, upon failure to do so, that the Principal be authorized to appoint, and that, said Principal have the right to appoint his successor, and upon his failure to do so, and a vacancy in said office, the Board of Trustees have authority to elect a Principal. Sec. XIY. Be it enacted, That Jonathan A. Yirgin, . William S. Lightfoot, John H. Ellis, Samuel P. Richards, ohjrct i. Robert Findley, and their successors in office be and they are hereby declared to be a body corporate, by the name incorporated, and style of Trustees of the Baptist Church of Christ, at Macon, with power to hold any property, either real or per- sonal, which may now belong to or be hereafter acquired by said Church, either by purchase, gift or bequest, for the use and benefit of said Church, and they and their succes- sors in office are hereby declared capable of sueing and be- ing sued, and of making all by-laws that may be necessary for the government of said corporation, not inconsistent with this Act or the Constitution and Laws of this State, and of using all legal means for defending or recovering any property whatever, which they, the said Trustees or their successors, may hold, claim or demand, now or here- after. Seo. XY. And be it further enacted, That the above trustees; named Trustees shall continue in office until the Friday £lectl0n' &c- receding the second Sabbath in January, eighteeen hun- red and fifty-two, (1852) when the male members of said Church shall, at their usual place of worship, proceed to the 316 ACADEMIES, COLLEGES, &c.—1851-'2. Georgia Female College. election of five Trustees, selected from tlie members of their body for one year thence ensuing, and on Friday preced- ingthe second Sabbath in January, every year thereafter, an election shall be held in like manner, any member of the Bdard being re-eligible, and in the event there be a failure to hold an election at the time above directed, an election may be held on any other day thereafter, the members of the last Board in all cases to continue in office until their successors shall have been elected. Sec. XYI. And be it further enacted. That 'any vacan- cies which may occur in the Board of Trustees, by death, removal, resignation or otherwise, may be filled by the vote ot the majority of the male members of said Church at any meeting called for that purpose. Sec. XYII. And be it further enacted, That all Acts done and performed by said Trustees of the Baptist Church of Christ, at Macon, under and by virtue of the Act of in- corporation aforesaid, be and the same are hereby legalized and confirmed, provided the same be not repugnant to the laws of this State. Sec. XYIII. Be it enacted, That the name of the corporators mentioned in the Act entitled an Act to incorporate the Mad- mafe6doiiege. ison Collegiate Institute, assented to seventeenth day of Jan- nary, eighteen hundred and fifty, of which this Act is amendatory, shall be and the same is hereby changed from Madison- Collegiate Institute, to Georgia Female College, and that by said name of Georgia Female ^College, they shall hereafter be known, and designated with all the rights, privileges and immunites, which were conferred up- on them b;f said Act, of which this is amendatory. Sec. XIX. And be it further enacted, That all contracts Former con- heretofore made, by and with said corporation, and all iztd? eg'1 notes and other evidences of debt held by them for dona- tions, or otherwise, shall be enforced and collected by them in their said corporate name of . Georgia Female College. Sec. XX. And be it further enacted, That at any time Trustees may kereafter, when they may deem it advisable to do so, the betSerred! Stockholders in the said corporation, who by the provi- sions of the Act of which this is amendatory, are empow- ered with the authority to elect Trustees for said' corpora- tion, may upon due notice being given them, a majority of Stock being represented, transfer such power of ap- pointment of Trustees to any corporate body in said State, or they may confer the power of such appointment and .perpetuation upon the Board of Trustees then existing; Provided, That in such transfer of power, the Stockhold- ers shall cast one vote for each share of Twenty-Five Dol- Vacancies ; how filled. Former Acts legalized. Georgia Fe- ACADEMIES, COLLEGES, &o.—1851-'2. 317 Americus Female Institute. lars of Stock, lie or she may be the- owner of; said meet- ing of Stockholders, to be held in the town of Madison, Morgan comity, State of Georgia. Sec. XXI. And be it further enacted, That whenever transfer to be the said Stockholders shall transfer the power of appoint-minutes?11 ment of Trustees, as hereinbefore provided, the declaration ■ of the same shall be entered upon the minutes of the" Board of Trustees of said corporation, and shall be signed upon s^id minutes by the proper hands of the Stockhold- ers making such transfer of such power as aforesaid, and that said minutes shall be evidence of such transfer of such power, and admissable as evidence of the same, when and wherever the fact of such transfer of such power may be come material for the interest of said corporation. (No. 197.) An Act to incorporate-the Americus Female Institute, in the county of Sumter. Approved, January 7, 1852. "Whereas, The Bev. P. A. Strobel having permanently located in the village" of Americus, for the establishment of a High School for the education of young ladies ; and, whereas, the Stockholders of the Female Academy have yielded up all their right, interest, title and possessions, in said Institution, to the Bev. P. A. Strobel— Section I. Be it therefore enacted by the. Senate and House of Representatives of the State of Georgia in Gen- eral Assembly met, and it is hereby enacted by the authority , . /* ,-r i r> t n, ,i ° n ,i • a a Americas of the same, lhat irom and alter the passage ot this Act, Femaie^u- that the Bev. P. A. Strobel is, and is hereby constituted me&,mcorpo and appointed sole Trustee, and the same is hereby incor- porated by the name and style of the Americus Female Institute, and by that name shall sue and be sued, and have perpetual succession.. Sec. II. And be it further enacted, That the Bev. P. A. powers and Strobel, under the name and style aforesaid, shall be capa-liablhtles* ble of accepting and being invested with all manner of property, privileges, and immunities, whatever, in any wise appertaining or belonging to the said Academy, and shall be capable of sueing and being sued, of pleading and being impleaded; also, to have, possess, and acquire by 318 ACADEMIES, COLLEGES, Ac.—1851-'2. Southern Liberal Institute. gift, grant, or purchase, property, both real and personal, to have and to hold the same for the proper use and benefit of the said Americus Female Institute. Sec. III. And be it further enacted, That he, the Eev. Arttut Strobel, shall have privilege, and the power of as- TwchSs. sociating with himself, any person or persons whom he may deem worthy and competent to assist in the noble task of education. Sec. IY. And be it further enacted, That this Academy Name and shall be known by the name and style of the Americus sye' Female Institute. Sec. Y. And be it further enacted, That the said P. A. Diplomas, Strobel, and his associates, shall have the right to confer upon all students who may graduate at the said Institute, diplomas, such as are conferred in other kindred institu- tions in this State. repealing Sec. YI. And be it further enacted by the authority eiaase.ins aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 198.) An Act to incorporate an Institution for the promotion of Moral and Theological information, embracing Common School Education, Arts, Sciences, Law and Medicine, with Appara- tus, 'Books, Maps, Charts, Printing Establishment, &c., to be styled a Southern Liberal Institute, at Griffin, in the county of Spalding. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Iiepresenntlives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all Southern Lil b. such persons as now are, or may hereafter become Stock- h^rporuted.' holders, shall, and they are hereby declared to be a body corporate and politic, under the style and title of a South- ern Liberal Institute, with power to choose from among themselves, from time to time, such officers as may be agreed on for the proper management of the Institution, p the passage of this Act, Allen Wiggins, George W. Per- Lery hfcorpw.* sons, John J. Hampton, William A. Mathews, Adolphusated> D. Kendrick, Miles L. Green,1 William J. Anderson, D. N. Austin, Judson Ivendrick, William H. Hollinshed, Mathew Dawsey, Benjamin Barns, Robert M. Patterson, and James A. Miller, and their successors in office, be and they are hereby constituted a body politic and corporate, by the name and style of the Port Valley Female Semina- ry or High School. Sec. VI. And be it further enacted, That the Trustees and their successors in office, under the name and style aforesaid, may use a common seal, and shall be capable Powers and of sueing and being sued, pleading and being impleaded,hablhues' also to have, take, possess and acquire, by gift, grant or purchase, lands, tenements, hereditaments, goods, chattels and other estate, and the . same to use, have, improve or convey in fee simple. Sec. YII. And be it further enacted, That the Trustees as aforesaid, and their successors, be empowered to receive all gifts, grants, legacies, privileges and immunities, which may be made or bequeathed to said corporation, and no misnomer of the corporation or other technical defect shall prevent its right from vesting when it may appear or it shall be ascertained that it was the intention of the party or parties to give, grant, or bequeath any property, real or personal, or any right or interest to the said corporation. Sec. Yin. And be itfurther enacted, That the Trusteesby aforesaid, and their successors in office, shall have power and authority to negotiate loans or enter into any contract or contracts, which they, or a majority of tbem, shall deem necessary for the use of said Seminary, and to secure said contracts, loans or other negotiations by pledging or mort- gaging the property of said Institution, except the build- ings of the Institution and the lot or lots on which they may be situated. , Sec. IX. And be it further enacted, That the said Trus-By-Laws tees and their successors in office, or a majority of them, shall have power and authority to make all such laws, rules aud regulations for the government of said Institution, as they may deem fit and proper; Provided, Nothing in said by-laws, or rules and regulations, be repugnant to the Constitution and Laws of the State of Georgia, or the United States. Sec. X. And be it further enacted, That the Trustees 328 ACADEMIES, COLLEGES, &c.—1851-'2. Fort Valley Female Seminary. aforesaid, in their corporate character and name, shall have vacanoiM, perpetual succession, and when any vacancy shall occur in the said Board of Trustees, by death or resignation, or otherwise, the remaining Trustees, or a majority of them, shall have the power of filling such vacancies. Sec. XI. And be it further enacted, That the said Board Fifteen Trus- °f Trustees shall consist of fifteen members, which num- ber may be reduced to twelve, as vacancies may occur, if the remaining Trustees, or a majority of them, shall so de- termine. Sec. XII. And be it further enacted, That the Trustees, frofe^oK&c or a maj01% them, shall have power of appointing a to essors c. Professors, Secretary, Treasurer, and all other officers they may think necessary for said Institution, and the same or any of the same, to discontinue 01* remove when they may think fit;; Provided, That a majority of the Board of Trustees concur in such removal. Sec. XIII. And be it further enacted, That the Trus- C£dlraof tees shall prescribe the course of studies, (by advice of the President or Principal) of the Institution, to be pursued and taught in said Seminary, and establish the rate of tui- Regulations, tion, adjust the expenses and adopt such regulations not otherwise provided for, as the interest of the Seminary may require. Sec. XIV. And be it further enacted, That the Presi- Degrees, &c. dent or Principal of the Institution, by and with the con- sent of the Trustees, shall have power to' confer all such honors, degrees, and license as are usually conferred in Pern ale Colleges, and shall preside at all the public exer- cises of the Institution. Sec. XV. And be it further enacted, That all meetings «oTrdnofof of the Board of Trustees, shall be held in the village of Trustees, port Valley, in Houston county, and a majority of the Trustees acting, shall at all times be competent to transact any business appertaining to the interest of the Seminary, and to exercise all powers, privileges and duties herein be- fore conferred on the Board of Trustees. Sec. XVI. And be it further enacted, That should the Revereionin buildings and property of said corporation, cease to be oaseo suse»use(j for educational purposes, for three consecutive years, then the same shall revert and become the property of the subscribers to the Seminary, or their legal heirs, or repre- resentatives, in porportion to the amount of theinseveral subscriptions. Sec. XVII. And be it further' enacted, That all laws and parts of laws, militating against this Act, be and the same are hereby repealed. ACADEMIES, COLLEGES, &c.—1851-'2. 32£ Oak Hidge Academy—Attapulgus Female Academy and others. # (No. 204.) An Act to add an additional number of Trustees to Oak Ridge Academy, in Talbot county, and to provide for the refnoval of the same. Approved, January 17, 1852. Section I. Be it enacted by the Senate cund House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act,William Additional T. Hall, Thomas Green, J. C. Calhoun, John Howard, rustees' "William Hawkins, Michael Gommaley, and E. C. Hatch- ford, be and are hereby appointed Trustees of Oak Ridge Academy, in Talbot county, in addition to those already appointed. Sec. II. And be it further enacted by the authority aecad°evmyof aforesaid, That the above named Trustees, together with althonzed- those heretofore appointed, are hereby authorized to remove said Academy, from the place of its present location, to lot of land, Number One Hundred and Twenty-Four, in the Twenty-Second District, of Talbot county, any law to the contrary notwithstanding. (No. 205.) An Act to incorporate the Attapulgus Female Academy in the county of Decatur, the Crawfordville Academy in the county of Taliaferro, and the Starkville Academy in the county of Lee, and appoint Trustees therefor. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Rep- resentatives of the State of Georgia in General Assembly met, That James Gibson, Andrew McElroy, Emery Las-demy, siter, William Smith, Thomas R. Smith, Charles J Munner- lyn and John P. Dickinson, be and they are constituted a body corporate and politic, under the name and style of " The Trustees of the Female Academy at Attapulgus that John Chapman, Peter Blome, William Reid, John J. Moore, Pierson B. Monk, George L. Bird, George W. Mitchell, William M. Harrison, James R. M. Reid, and James Farmer, and their successors in office, are hereby con- 330 ACADEMIES, COLLEGES, &c.~1851-'2. CrawfordvilleAcademy—Starlevillle Academy—Baldwin Male and Female Academy. stituted a "body corporate uyder tlie name* and style of Crawford viiie "The Trustees of Crawford ville Academy and that Wil- ca emy, ^ain \y. Gilmore, George C. Ticknor, Edward V. Munro, "Willis A. Hawkins and Eason Smith, be, and they are hereby constituted a body corporate and politic, under the And stark, name and style of " The Trustees of the Starkville Aca- ville Acade- -i „ ray incorpor- demy. ated' Sec. H. And. be it further enacted by the authority Powers and aforesaid, That the said Trustees, in their respective cor- priviteges, p0rate capacities, may have and use a common seal, sue be sued, plead and be impleaded, in any Court of Law and Equity in this State : jjshall have power to make all by-laws for the government of their said corporations, respectively, not repugnant to the Constitution and Laws of this State or of the united States, and shall have pow- er to fill all vacancies which may occur in any of their Boards. Sec. in. And be it further enacted by the authority Academy aforesaid, That said Trustees shall be invested with all property vest- * _ t 1 _ ed in them, manner of property, both real and personal, which now be- longs or hereafter may belong to the Academies respec- tively, of which they are appointed Trustees, and the same to sell and dispose of as in their judgment may most con- duce to the'advancement of education. (Ho. 206.) An Act amendatory of an Act assented to 22d December 1834, To alter the laws relating to County Academies so far as relates to the county of Baldwin." Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Trustees aP. Representatives of the State of Georgia in General As- Siiif a/dFe- sembly met, and it is hereby enacted by the authority of male Acade- ^ same, That I. L. Harris, K. M. Orme, James U. Home, Tomlinson Fort, and B. A. White, and their successors in office, be and they are hereby constituted and appointed Trustees of the Male and Female Academies in the city of Mill edge ville, with all the powers which are conferred upon the Trustees of said Academies by the Act of which this is amendatpry. ACADEMIES, POOR SCHOOL FUND, &o.—1851-'2. 331 Free Schools in Chatham County. ' Sec. II. And be it further enacted, That in case of a 5SS5i.of ** vacancy in said Board of Trustees, the remaining Trustees shall have power to fill said vacancy. (No. 207.) An Act to authorize the Justices of the Inferior Court of Chat- ham county to set aside and invest a sum of money, to be in- violably preserved as a permanent fund for the support and maintainance of Common or Free Schools in said county, and for other purposes. Approved, December 16, 1851. ( "Whereas, The Justices of the Inferior Court of Chatham county have set aside, and appropriated from the surplus funds ol said county, the sum of Ten Thousand Dollars, as a special fund for the support of Common or Free Schools in said county, and whereas, it is deemed desirable thai the said sum, together with such additions as may from time to time be made to it, should be rendered a perma- nent and inviolable fund for so important an object— Sec. I. Be it therefore enacted by the Senate and House ' of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of Chat-$io,oootobe ham county, be and they are hereby authorized to set apart from the funds of the said county, the said sum of permanent Ten Thousand Dollars, which, together with such otherfund' sums as may from time to time be added thereto, shall be, by the said Justices and their successors, invested in some productive stocks and securities, and shall be inviolably preserved as a permanent special fund for the sole purpose of supporting Common or Free Schools within said county, -and that the income alone of the said fund, shall be ap- plied to the said purpose, and shall be by the said Justi- ces paid over from time to time, by three special warrants against the said fund on the County Treasurer, in such sums, as in their discretion may be required,, to the Com- missioners of Common Schools for the said county, or oth- er persons duly authorized to receive the same' for the sup- port of Common or Free, Schools in the said county, and for no other purposes whatsoever. Sec. II. And be it further enacted by the authority 332 ACADEMIES, POOK SCHOOL FUND, &c.—1851-'2. Free Schools in Chatham. Treasnrerto aforesaid, That the bonds certificates of Stock, or other se- of bonp^ltory cnrities, in which the said principal sura shall be invested, shall be placed in the custody of the Treasurer of the said His duty, county, whose duty it shall be to receive and safely keep the same, and to receive the income thereof, apd pay out the same to the warrants of the Justices of the Inferior Court, and who shall render in an account to be laid be- Keport^to fore the Grand Jury of Chatham county, at their first ses- wy. g.Qn eack year, stating the amount of the principal of the said fund, the nature of the stocks and securities in which the same may be invested, the amount of interest or income received upon the same, and the sums paid out du- ring the preceding year, or since the rendering of his previous account, supported by proper vouchers for each item, which account, when examined and certified as cor- publication, rect by the Grand Jury, shall be published by the County Treasurer, at the charge of the county, in two at least of the public gazettes in the city of Savannah, and that the Co.npensa- said Treasurer shall be paid as a compensation for the ser- tl0n' vices to be charged upon the income of the said fund, at the same rate per centum on the amount of income so re- ceived and disbursed as he is now or may hereafter be en- titled by law to receive for the receipt and disbursement of other county funds, and for any breach of du'y in re- gard to the said fund, or any misapplication or embezzle- embezzie°r ment; f^ere°f) shall be subject to all the pains and penal- emeatfze' ties, and be, with his securities, liable to the same modes of proceeding as are, or may be hereafter fixed and provi- ded by law, for similar offences with reference to other county funds entrusted to him. Sec. III. And be it further enacted by the • authority Securities on aforesaid,. That all official bonds, hereafter to be given by bond liable. any Treasurer of said county, shall be held and deemed to include all his duties and responsibilities herein created and contemplated, and the securities thereon be held lia- ble for the faithful discharge thereof, by the said Treasu- rer, and his safe keeping, disbursement, and account of all the monies, bonds, certificates of Stock and other securi- ties, which shall come to his possession by virtue of this Act. Report of Sec. IV. And be it further enacted by the authority ers ol Com- aforesaid, That the Commissioners of Common Schools of monScho°lS'the said county, and all others to whom any money shall be paid, for the purpose contemplated in this Act, shall, on the last day of December in each year, render to the Jus- tices of the Inferior Court of said county, a faithful and de- tailed account of all the monies received ancl disbursed by ACADEMIES, POOR SCHOOL FUND, &c.—1851-'2. 333 Free Schools in Chatham. them, during the year, and to whom and for what purposes paid out, which account shall be laid before the Grand Ju- ry, with the Treasurer's account, and published with it in the gazettes. Sec. Y. And be_it further enacted by the authority aforesaid, That the fund created by this Act shall be deem- Th^fund m ed, and is hereby declared to. be a fund separate from, andeme? sep" independent of any other fund, for the purpose of eduea- tion in the county of Chatham, and that nothing herein contained, shall be construed in any manner to affect the right of the Justices of the Inferior Court, under laws now Extra tax. existing or hereafter to be passed, to levy an extra tax, or to appropriate the surplus funds of the county, for the pur- poses of education, or to deprive the said county of any share of any fund for the purpose of education now exist- ing, or hereafter to be created by law or otherwise. Sec. YI. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of Chat-justices of the ham county, and their successors in office, be and they are court?r hereby created ex officio Trustees of the fund hereby es- f.x officio tablished for the purposes herein contemplated, and that it thifKSd? shall be their duty from time to time, to invest in produc- tive stocks and securities, under the trust, and for the pur- poses herein contemplated, the surplus income and in-Their power crease of the said principal fund, remaining at the expira- tion of each year, after the payment of all legal charges upon the same, and also to invest in like manner all other sums which may, in any manner, be appropriated( in addi- tion to the same, and that they shall be capable of receiv- ing donations and bequests of property to be hejd under the same trust; and for the same purpose, and have power to sell and exchange at their discretion, any of the said stocks, securities, or property, the proceeds of which sale or exchange, it shall be their duty to re-invest, without de- lay, in other stocks, securities and property, to be held and applied, under the same trust, and in the same manner, and that upon the neglect or refusal of the said Justices of1 the Inferior Court, to perform any of the duties required by this Act in relation to the said fund, or to invest, or re- invest the proceeds of the same without delay, according to the true intent and meaning hereof, a writ of manda- mus may issue from the Superior Coiirtof Chatham county upon the application of the Solicitor General of the East- ern District, in the name of the State of Georgia, and up- on the recommendation of the Grand Jury of the said county, to compel the performance . of the said duties, and that if the said Justices of the Inferior Court, ex officio ' 334 ACADEMIES, POOR SCIIOOL FUND, &c.—1851-'2. Free Schools in Chatham—School Fund in Lowndes. misconduct ^rlistee8 as aforesaid, shall at any time wilfully misapply mwcon uct. or from its proper purpose, the said fund hereby created, or any portion thereof, or shall break into the cap- ital of the said fund, or if they shall at any time, by waste, neglect, or mismanagement, cause a loss, dimunition of the said fund, or commit any other act in relation to the same, contrary to the intention of this Act, and inconsistent with the duties and character of Trustees, they shall be held re- sponsible therefor, in the same manner, and upon the same Proceedings principles as Trustees in Equity, and shall be liable to a agamst them. gujt .-n Equity by Bill to account, to be instituted upon the recommendation of the Grand Jury of Chatham county, by the Solicitor General of the Eastern District, in the name of the Governor of the State of Georgia, to which Bill .answers shall be put in, or the Bill be taken pro con- fesso at the first term of the Court, and if a- decree shall be rendered upon such proceedings against the said Justi- ces, ex officio Trustees as aforesaid, it shall award against them the amount of damage decreed, together with twenty per cent, interest upon the same, from the time of the com- E'ssion of the first act of misfeasance found in the decree, til paid, and the cost of the proceedings, including the imsel's fees of the Solicitor General, to be taxed by the Court with reference to the nature and extent of the servi- Ces rendered, which said ■ damages and interest when re- covered, shall be invested according to the provisions of ;his Act. Sec. YII. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Actj be and the same are hereby repealed. (No. 208.) Ait Act to alter and repeal an Act passed the 26th of December 1837, to consolidate the Academy and Common School Funds of the State of Georgia, and the several subsequent Acts passed in relation thereto, so far as relates to the county of Lowndes, and to authorize the Trustees of the Troupville and Mill Creek Academies in said county, to draw part of said fund for the use"of said Academies. Approved January 22, 1852. Section I. Be it enacted ly the Senate and House ACADEMIES, COLLEGES, &C.—1851-'2. ^ 335 Schooll Fund in Lowndes—School Fund in Twiggs. of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority ^tf0pnp07psc^i the same, That the Act passed the 26th day of Decern- ber 1837, consolidating the Academic and Common School Funds of the State of Georgia, and all subsequent Acts passed in relation thereto, be and the same is hereby repealed so far as relates to the county of Lowndes, and the apportinment of said Academic' funds due the county, or may hereafter be due said county of Lowndes, be and the same is hereby set apart for the use-of the Troupville and Mill Creek Academies in said county, and the Trustees of, said Academies shall have power to draw the same under the laws in force prior to the passage of the Act to which this refers; Provided, The same shall not interfere with the existing laws in relation to Poor Schools in said' county. Sec. II. And be it further enacted, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 209.) An Act to amend an Act to provide for the education of the poor, so far as the county of Twiggs is concerned. Approved, January 15, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That an election be held in each Militia DistrictTrewnrerto^ in the county of Twiggs, at the usual places of holding each duW* Justices' Court, on the first Saturday in February next, and on the first Saturday in January, in each and every year thereafter, by the persons entitled to vote for members of the General, Assembly, for a Treasurer in each District of said county, to receive and receipt lor ,the portion of the Poor School funds to which said Districts are entitled. Sec. II. Be it enacted by the authority aforesaid, That the person receiving the highest number of votes shall be Bond declared elected Treasurer of said District, and shall hold his office for the term of one year, and shall be commis- CommiS8Ion» sioned by the Justices of the District, upon his giving bond and good security for double the supposed amount 336 ACADE&IES, FREE SCHOOLS, &c.—1851-'2. Schopl Fund in Twiggs—School Fund in Walker County. due to said District, which bond shall be payable to the Inferior Court, and liable to be sued upon for a bieach thereof. Sec. III. Be it further enacted by the authority afore- ienorOouit saac^ That the Inferior Court of said county, is authorized ourt, ^ maqe its duty to pay to the Treasurer of each District, their proportional part of said fund. Sec. IY. Be it further enacted by the authority afore- surer,ofTrea sa^) That the said Treasurers shall pay over to the teach- ers of poor children in their respective Districts, pro rata, the amount received from the Inferior Court, upon their presenting their accounts authenticated as directed by law ; Provided, Said distribution is made under the same rules and regulations as now required by law, in proportion to the number of scholars who areentitled to receive its ben- efits. Repealing Sec. Y. And be it further enacted, That all laws and se' parts of laws - militating against this Act, be and the same are hereby repealed. (No. 210.) An Act to repeal so much of an Act entitled an Act, so far as relates to Walker county, assented lo February 14th 1850, to authorize and require the Justices of the Inferior Courts of Gilmer and Walker counties, to proportion the Poor School Fund of said counties among the several Districts, agreeable to the number of poor children returned by the Magistrates, and to appoint a Treasurer to receive and pay out the same to the teachers of each District. Approved, January 15, 1852. Section I. Be it enacted by the Senate and House of Representatives oj~ the State of Georgia in General As- pealed.850 sembly met, and it is hereby enacted by the authority of the same, That the above Act, be and the same is repealed, so far as 'relates to the county of AYalker, any law to the contrary notwithstanding. ACADEMIES, TEACHEES OF POOE, &e.—1851-'2. 337 ' Teachers in DeKalb. (No. 211.) An Act to authorize and require the Justices of the Inferior Court of the county of DeKalb, to pay Jonathan N. Hadden and Sophia A. Clark, out of the Poor School Fund of said county, for the year 1851 or 1852, the amount the said Hadden was entitled to receive for teaching poor children in the years 1846 and 1849, and the amount the said Sophia A. Clark was en- titled to receive for teaching poor children in the years 1847 and 1848. Approved, December 5, 1851. "Whereas, Jonathan N". Hadden, in the year 1846, taught five poor children in the county of DeKalb, whose tuition amounted to Hine Dollars and Sixty-Five Cents,* for which he received no compensation, by reason of the Magistrates having failed to return their names to the Inferior Court as required bylaw, and that in the year 1849, he taught thir- ty-six poor children, whose tuition amounted to Seventy- Eight Dollars and Seventy Cents, and which the Trustees or Commissioners of the Poor School Fund of said county, refused to pay him on the ground that his account was not returned within said year 1849, and it being just that he should receive as-many cents in the dollar of the amount of said accounts as other teachers of poor children re- ceived on their accounts in the same years— Section I. Be it enaeted by the Senate and House of Representatives of the State of Georgia in General As-If*™] sembly met, and it is hereby enacted by the authority of Hi*dden« the same, That the Justices of the Inferior - Court of the county of DeKalb, or a majority of them, shall, and are authorized and required to pay to Jonathan FT. Hadden, out of the Poor School Fund of the county of DeKalb, for the year 1851- or 1852, before the same shall be distributed by them, as many cents in the dollar of his account for teach- ing poor children in said county in the years 1846 or 1849, as were paid in those years to other teachers of poor chil- dren in said county. Sec. II. And be it further enacted, That Sophia A. i!3 c&hIa> Clark, be paid out of the Poor School Fund of 1851 or 1852, of the county of DeKalb, the same proportion on her accounts for teaching poor children in the years 1847 and 1848, as is hereby authorized to be paid Jona- than FT. Hadden, in the first section of this Act. 22 ,338 ACADEMIES, TEACIIEKS OF POOE, &c.—1851-'2. In Early—In Hall County. (Ho. 212.) An Act for the relief of Thomas B. Andrews, and Thomas M. Murray, teachers of poor children of the county of Early, for the years 1844, 1846, 1847 and 1848. Approved, Janua- ry 15, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of inferior ^ie samei That the Justices of the Inferior Court of the cour^of Ear- county of Early, he and they are hereby required to pay tain*teaehere, Thomas B. Andrews and Thomas M. Murray, teachers of poor children in said county, the amount of One Hundred and Forty-Six Dollars and Fifty-Four Cents, out of any money which may be coming to said county, for the pur- pose of paying teachers of the poor children of said county. Sec. II. And be it further enacted by the authority Kepeaibg aforesaid, That all laws and parts of laws, militating clause. against this Act, be and the same are hereby repealed. (Ho. 213.) An Act for the relief of the teachers of poor children of the county of Hall, for the years 1844 and 1846. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of said ofHlntoourt county, be and they are hereby required to pay the teach- teachera,ain CIS of poor children in said county, for the years eighteen hundred and forty-four and eighteen hundred and for- ty-six, out of any surplus which may arise after the payment of all accounts for teaching poor children, for the year eighteen hundred and fifty-one, or any subsequent year, until all the accounts for said years, eighteen hun- • dred and forty-four and eighteen hundred and forty-six, be fully, paid. Sec. II. Be it further enacted by the authority afore- Repealing Ba^' That all laws and parts of laws militating against «iaS^.jns this Act,.be and the same are hereby repealed. ACADEMIES, TEACHERS OF POOR, &o.—1851-'2. 339 ^ In Jaspgr County—In Laurens County. (No. 214.) An Act for the relief of James Newton, of Jasper county. > Approved, January 12, 1852. Whereas, James Newton has been engaged in the busi- ness of teaching, in Jasper county, for the four years last past, in which time he has given instruction to many poor children entitled to the benefit of the Poor School Fund, under the laws of this State, and whereas, the Justices of the Peace in the districts wherein he has taught, have fail- ed. to make returns of the poor children to the Inferior Court, as required by- law, by reason of which the said In- ferior Court have made no provision for the payment of the accounts of said Newton, therefore— Section I. 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 Jasper inferior court county, be and they are hereby directed to audit the ac- Sl/jJmJ0 counts of the said James Newton, for teaching poor chil- ^ewton- dren entitled to the benefit of the Poor School Fund, for the years eighteen hundred and forty-seven, eighteen hundred and forty-eight, eighteen hundred and forty- nine, and eighteen hundred and fifty, and that the said accounts, after being approved by said Court, shall be paid out of any surplus fund now, or hereafter:, in the hands of the Commissioner of the Poor School Fund for Jasper county. Sec. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against ciSms this law, be and the same are hereby repealed. (No. 215.) An Act to authorize the Treasurer of the Poor School Fund in the county of Laurens, to pay over to William J. Daniel, and Archibald McMillan, the amount of their accounts for teach- ing poor children in the year 1851, in said county of Laurens. Approved, January 14, 1852. Whereas, William J. Daniel' and Archibald McMillan, have been engaged in teaching school in the county of Lau- 340 ACADEMIES, TEACHERS OF POOR, &o.—1851-'2. In Laurens County—in Newton County. rens during the present ^ year eighteen hundred and fifty- one, and whereas, the Justices of the Peace in the dis- tricts wherein they have been teaching, failed to make the necessary returns of poor children in said districts, to en- title them to receive from the Treasurer pay, therefore— Section I. Be it enacted hy the Senate and House of Representatives of the State of Georgia in General Assem- My met, and it is hereby enacted by the authority of the Treasurer^ same. That the Treasurer of the Poor School fund for the teachersf111 county of Laurens, be and he is hereby authorized to pay to "William J. Daniel and Archibald McMillan, the amount of their claims for teaching poor children in the year eighteen hundred and fifty-one, any law or usage to the contrary notwithstanding. (No. 216.) An Act for the relief of D. T. White, of Newton county. Ap- proved, January 15, 185*2. Section I. Be it enacted by the Senaie ana nouse oj Representatives of the State of Georgia in General As- semhly met, and it is hereby enacted by the authority of the same, That the Commissioners of the Poor School Fund amount paid for the county of Newton, be and they are hereby author- emxtoteaci. to cauge the Treasurer of the Poor School Fund for said county, to pay over to D. T. White a Justice of the Peace of the Four Hundred and Seventy-Sixth District, Georgia Militia, fthe sum of Seventy-Four Dollars and Eighty-One Cents, the amount paid by him to G. B. Al- mond, and Hull Simms, teachers in said county, for certain poor children, in consequence of his having failed to make his return in time; Provided, The Commissioners shall be satisfied of the justness of his claim. Sec. II. And be it further enacted by the authority dauasalins aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. ACADEMIES, TEACHEES OF POOE, &c.—1851-'2. 341 In Pike County—in Upson County. (No. 217.) An Act to authorize the Treasurer of Pike county, or the Treas- urer of the Poor School Fund for the said county, to pay over to D. E. Stubbs, or his lawful representative, the sum of mo- ney therein named, and to authorize the Treasurer, or person having the control of the Poor School Funds in Cherokee coun- ty, to pay over to Achillius Foster, and James McDaniel, Wm. Knox and John Holcomb, the amount due them for teach- ing in the years 1850 and 1851. Approved, January 14, 1852. Section- I. Be it enacted by the Senate and Souse of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same. That the County Treasurer of Pike county, orTreasurerof the Treasurer of the Poor School Funds of said county, ,be stubbs, and he is hereby authorized to pay over to D. E. Stubbs, or his lawful representative, the sum of Twenty-Seven Dollars and Sixty Cents out of any surplus Poor School Fund raised by said county, which may remain in his hands after paying the accounts- created during the year for which said tax may have been raised; Provided, The ac- counts shall be properly made out, as the law directs, be- fore the same is paid. Sec. 'II. And be it further enacted by the authority and others, aforesaid,* That it shall be the duty of the Treasurer, or person having charge of the Poor School Funds of Cherokee county, to pay the amount due. Achillius Foster, James McDaniel, Wm. Knox, and John Holcomb, for teaching poor children, in the years eighteen hundred and fifty and eighteen hundred and fifty-one; Provided, Their accounts are made out, and allowed .them according to the law reg- ulating such accounts, in said years. Sec. III. And be it further enacted, That all laws and. parts of laws militating against this Act, be and the same are hereby repealed. (No. 218.) An Act for the relief of the Teachers of poor children of the county of Upson, for the year 1850. Approved, Jan. 7 1852. Section I. Be it enacted by the Senate cmd Souse of Representatives of the State of Georgia9in' General As- 342 ACADEMIES, TEACHERS OF POOR, &c.—1851-2- Iii Walton County and Henry County. inferior Court sembly met, and it is hereby enacted by the authority of pay ceitam the same, That the Justices of the Inferior Court of said tedc era. county, be and they are hereby required to pay the teach- ers of poor children in said county, for the year eighteen hundred and fifty, out of any surplus which may arise af- ter the payment of all accounts, for teaching poor children for the year eighteen hundred and fifty, or any subsequent year, until all the accounts for said year of eighteen hun- dred and fifty be fully paid. Sec. II. And be it further enacted by the authority Repealing aforesaid, .That all laws and parts of laws militating against clause. thig and the same are hereby repealed. (Ho 219.) An Act to authorize and require the Justices of the Inferior Courts of Walton and Henry counties, to pay to Thomas G. Wood, of Walton county, and William Hadden, of Henry . county, certain sums of money for teaching the poor children of said counties, in the years 1848 and 1849. Approved, January 8, 1852. Section I. Be it enacted by the Senate and House of Jtepresentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as the Justices of the Inferior Court o" waitonuto °f Walton county, shall draw the Poor School money for WoJif the present year, they are hereby required to pay to Thomas G.Wood, Twenty-Five Dollars, for teaching the Poor Children of said county, in eighteen hundred and forty-nine, for which the Court failed to pay him for. Sec. II. And be it further enacted, That the Justices of inferior court In{eri°r Court of Henry county, or a majority of said pi?w.yH°ad- ^0Tir^ sh.all be authorized to draw the Poor School money - said Joseph Marshall the sum aforesaid; and the Govern-sephMarsha or is hereby authorized and required to draw his warrant upon the Treasurer therefor, in favor of the said Joseph Marshall. Sec. II. And be it further enacted, That the Governor draw his warrant on the Treasurer of this State, in favor of * A good many private appropriations were necessarily included under the General Laws.—See that Title, in Part I. 3 4A APPEOPEIATIOKS.—1851-2. L. S. DeLyon—Asher Ayers. $17 85-iooto Uriah Smith, of the county of Morgan, for the sum of Uriah smith. geventeenB Dollars and Eighty-Five Cents, to reimburse him for that amount paid into the Treasury, improperly, upon his taxable property, and that the same be paid to IN. G. Foster, Agent for said Uriah Smith. (No. 221.) An Act foY the relief of Levi S. DeLyon and Asher Ayers, and to authorize the Governor to draw his warrant on the Treasury in their behalf, for the amount stated. Approved, January 12, 1852. Section I. Be it enacted by the Senate and Souse of Representatives of the 'State of Georgia in General As- sembly met, and it is hereby enacted by the authority of • the same, That from and after the passage of this Act, that, for as much as Levi S. DeLyon, in the year eighteen hun- $65 52-100 to dred and fifty, gave in all his real and personal property e y°n county of Effingham, of which he was then a resi- dent, upon which he paid to the Tax Collector of Effing- ham county the sum of Twenty-Six Dollars Twenty-Five Cents and Four Mills, as appears by the receipt of John Dasher, Tax Collector for Effingham county for the year eighteen hundred and fifty, and a portion of the said pro- perty being doubly assessed by the Deceiver of Tax Ee- turns for Chatham county, for the said year eighteen hun- dred and fifty, upon which assessment an execution against the said Levi S. DeLyon issued, and he was compelled to pay the sum of Sixty-Five Dollars and Fifty-Two Cents to the Tax Collector of Chatham county. That with a view to correct so'palpable a wrong, the Governor be directed to draw his warrant on the Treasurer in favor of the said Levi S. DeLyon, for the sum of Sixty-Five Dollars and Fifty-Two Cents, so paid in Chatham county for the said tax of eighteen hundred and fifty. $2014-100 to • Sec. II. And be it further enacted, That his Excellency, Asher Ayres. ^ Governor, be and he is hereby authorized and required to draw his warrant' on the Treasurer for the sum of Twenty Dollars and Fourteen Cents, in favor of Asher Ayers, Agent for Mrs. A. Cutter, for a double tax illegally assessed against him in the county of Chatham, the tax having been paid for the same property in the county of Dibb. APPROPRIATIONS.—185l-'2. 315 John ,T. Coxe—It. S. Willingliam. « — Sec. III. And be it further enacted', That his Excellency the Governor, be and he is hereby authorized and required to draw his warrant on the Treasurer in favor of John T. Coxe, for the sum of Nine Dollars Thirty-Seven and a Half Cents, the same being the amount of State Tax paid by him on a house and lot in the city of Macon, the tax on the said house and lot being paid also by Charles Thomp- son, as Trustee for Mrs. J. T. Coxe. (No. 222.) An Act for the relief of'Reuben S. Willingliam, Tax Collector of Lincoln county. Approved, January 21, 1852. Wheseas, Reuben S. .Willingliam, Tax Collector of the county of Lincoln, issued his separate fi. fas. against Lu- einda Frails and Sarah Frails, for the sum of Ten Dollars each, for having failed to pay a double tax assessed against each as free persons of color, for the year eighteen •■hun- dred and fifty, and the said defendants in fi. fas. took an oath of illegality, declaring that they were free white per- sons, which oath of illegality and fi. fas. was returned to the Inferior Court of Lincoln county, at February Term, eighteen hundred and fifty-one, and upon investigation the Court sustained the affidavit of illegality. And, where- as, the said Willingham, Tax Collector aforesaid, paid the State Treasurer the sum of Twenty Dollars, the tax assess- ed against the said Lucinda Frails' and Sarah Frails— Section I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in Gen- eral Assembly met, a/nd it is hereby enacted by the $20to Reuben authority of the same, That from and immediately after han^lllmg" the passage of this Act, it shall be the duty of his Excel- lency the Governor, to. draw his warrant on the Treasurer of this State for the sum of Twenty Dollars, in favor of Renben S. Willingham, Tax Collector of Lincoln county, the same being the. amount of State Tax so by him paid into the Treasury, on account of the tax of Lucinda Frails' and Sarah Frails, which they were relieved from as stated in the preamble to this Act; and that the Treasurer pay said sum to Benning B. Moore, Senator from the Thirty- Fifth Senatorial District. 3 4:6 A PPEO PEIATION S.—18 5l-'2. ^Lewis F. Harris, Adm'r., &c. (No. 223.) An Act for the relief of Lewis F. Harris, Administrator on the estate of Nathaniel F. Harris, deceased, and to authorize the Governor to draw his warrant on the Treasury in his favor, for the sum hereinafter mentioned. Approved, January 17, 1852. Whekeas, The said Lewis F. Harris, as the Adminis- trator on the estate of Nathaniel F. Harris, deceased, did make his return of the taxable property belonging to said estate for the year one thousand eight hundred and fifty, to the Eeceiver of Tax Eeturns for the county of Washington, where said estate is principally located,-in- eluding therein certain real estate belonging to his said intestate, situate and being in the. city of Savannah, and county of Chatham, and hath paid to the Tax Collector ot the county of Washington, the tax assessed, therein, amounting to the sum of Seventy Hollars and Ninety-Three Cents ; and, whereas, the Tax Eeceiver for the said county of Chatham, for the year one thousand eight hundred and fifty, did double tax the said Lewis F. Harris, Ad- ministrator as aforesaid, for that portion of the estate of his intestate, lying and being in the city of Savannah, and county of Chatham, and which he had returned as afore- said, by reason whereof he hath been compelled to pay to the Tax Collector for the said county of Chatham, the sum of Forty-Six Hollars and Eighty-Eight Cents, illegally as- sessed against him as such Administrator as aforesaid; for remedy whereof— Section I. Be it enacted by the Senate and Home of Representatives in General Assembly met, and it is hereby enacted by the' authority of the same, That from and after $46 88-100 to the passage of this Act, his Excellency the Governor, be Adm'rAc.13' and he is hereby directed to draw his warrant on the Trea- sury in favor of the said Lewis F. Harris, Administrator on the estate of Nathaniel F. Harris, for the sum of Forty- Six Hollars and Eighty-Eight Cents, being the amount as- sessed against said estate by the Tax Eeceiver of Chatham county, and collected from him by the Tax Collector of said county of Chatham. APPROPRIATIONS.—1851-2. 341 James J. Tooke—Thos. H. Polhill. (No. 224.) An Act to refund to Ira Sanburn, of Decatur county, a certain sum of money therein named. Approved, January 12, 1852. Be it enacted by the General Assembly of Georgia, That the sum. of Eighty-Three Dollars be refunded to Ira llibum? Sanburn, for money paid the Agent of the State for frac- tions of land, No. 231, 229, 232, and 230, in the Fifteenth District of Decatur county—the State having made no title therefor to the said Ira Sanburn, there being no such fractions. And the Governor is hereby authorized to draw his warrant upon the Treasurer therefor, .in favor of the said Ira Sanburn. (No. 225.), An Act to appropriate money to James J. Tooke of the county of Talbot, and to Thomas H. Polhill of the county of JefFer- son, on account of the over payment of taxes. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by . the^ authority of the same, That the sum of Seventeen Dollars and Fifty- $ 17 55toJ Five Cents be and the same is hereby appropriated to pay J-Tooke. ' James J. Tooke, of the county of' Talbot, for taxes over- paid by him, in consequence of a mistake having been made by the Receiver of Tax Returns of said county, by entering the amount of Five Thousand Dollars worth of town property as taxable, when the real amount was only Five Hundred Dollars. And that James "W. Castens, Rep- resentative of the county of Talbot, be authorized to draw and receipt for the same. Sec. II. Be it further enacted, That Five Dollars be al-$5tot. h. so paid to Thomas H. Polhill, of the county of Jefferson,PolhlU" as guardian of Robert'Hill, a free man of color, as James T. Bothwell, former guardian, had returned the said Robert, and paid the taxes for the year eighteen hundred and fifty- one, and that the same be paid to P. B. Connelly, Senator from the Ninth Senatorial District. 348 APPROPRIATIONS.—1851-'2. Persons arresting James Williams. (No. 226.) An Act to appropriate money to compensate certain persons therein named, for pursuing and arresting James Williams, who is charged with the offence of murder, and to reimburse said persons for expenditures in having said James Williams committed to jail, and to appropriate a sum of money to pay John Mullins a reward paid by him, for the arrest of Alfred Crawford. Approved, January 22, 1852. Sec. I. Be it enacted by the Senate and House of Bepre- sentatives of the State of Georgia, in General Assembly mety cmd it is hereby enacted by the authority of the same, $150 to per. That the sum of One Hundred and Fifty Dollars, be and j0a"wa-s the same is hereby appropriated to pay Elias James, and Uam8' William McLendon, of the county of Thomas, for the ser- yices of themselves and horses, and expenses incurred by them, in pursuing and. arresting one James Williams, charged with the offence of murder in Thomas county, and now under sentence of death, and that the Governor draw his warrant in favor of them, or either of them, upon the Treasury, for said sum. Sec. II. And be it further enacted, That the sum of One Mu0iii°u3John Hundred Dollars be and the same is hereby appropriated to John.Mullins, of Monroe, the same having been paid by him as a reward for the arrest of Alfred. Crawford, charged with the offence of murder, and that the Treasurer be and he is hereby authorized to pay the same to John L. Wood- ward, Representative from said county.. Sec. III. And be it further enacted, That all laws or parts of laws militating against this Act, be and the same are hereby repealed. (No. 227.) An Act for the relief of the Estate of James Mapp, deceased, of Greene county, and James T. Hemphill, of DeKalb county. Approved, January 12, 1852. Whereas, in the year eighteen hundred and fifty, the estate of James Mapp, of Greene county, was, while liti- gation was pending as to the establishment of his will, represented by his widow, under temporary letters of Ad- APPROPRIATIONS.—1851-2. 349 Estate of James Mapp—James T. Hemphill—X. G. McFarland. ministration, and she having given in the property of said estate to a Justice of the Peace, who did not return the same to the Tax Keceiver, or Clerk of the Inferior Court, and said estate was doubly taxed, for remedy whereof— Section I. Be it enacted by the Senate and House of Repreentatives of the State of Georgia in General Assem- bly met, and it is hereby enacted by the authority of the Double Tax same, That upon satisfactory proof of the facts as before Adniinfstra. istated, it shall be lawful for the Governor to draw his war-Mapp.James rant upon the Treasury in favor of Green Moore, Admin- strator of the estate of James Mapp, deceased, for the amount of the tax imposed on said estate for its default. Sec. II. Be it further enacted, That the sum of Eighteen $18t0 Jameg Dollars, be appropriated to refund to James T. Hemphill,T- Hemphiii. that amount of tax assessed and collected on property as his in the county of Scriven, in the year eighteen hundred and forty-nine, which had been removed by him to the county of DeXalb, and paid taxes on there, or was paid by others in the year, eighteen hundred and forty-nine, and that the Governor draw his warrant on the Treasury for the same. • (Ho. 228.) An Act for the relief of X. G. McFarland, of the county of Walker. Approved, January 17, 1852. Whereas, X. G. McFarland, of the county of Walker, in compliance with the provisions of the Act relating to reverted lands, assented to December twenty-eighth, •eighteen nhndred and forty-two, made application for the grants to lots number Two Hundred and Fifty-Seven, in the Twenty-Fifth District, and Third Section, number One Hundred and Hinety-Three, in the Twenty-Seventh District, and Third Section, Five Hundred and Sixty-Two, (North half) Thirteenth District and First Section, number Five Hundred and Thirty-Four, in the Third. District, and Third Section, number Two Hundred and Thirty-Eight, in the Twelfth District and First Section ; and number Three Hundred and Eighty-One, in the Fifteenth District and First Section. Whereas, the said X. G. McFarland, through his Agent, having applied to the proper depart- ment, for the grants for said lots of land, and which then 350 APPROPRIATIONS.—1851-'2. X. G, McFarland—W. C. Dun. appeared to have been granted. "Whereas said lots of land were subsequently granted as reverted lots, whereby the Treasury of the State received the sum of One Hundred dnd Forty-Five Dollars more than would have been paid in, had the grants issued to the said X. G. McFarland, the rightful owner of said lots.— Section I. Be it enacted by the Senate a/nd House S^icFa?' of Representatives of the State of Georgia, in General land" Assembly met, and it is hereby enacted by the authority of the same, That his Excellency, be and he is hereby author- ized to draw his warrant on the Treasury, for the said sum of One Hundred and Forty-Five Dollars, in favor of . said X. G. McFarland. (No. 229.) An Act for the relief of William C. Dun, Tax Collector of Jasper county. Approved, January 12, 1852. Wheeeas, it appears from the boohs of the Receiver of Tax Returns of Jasper county, as turned over to William C. Dun, Tax Collector of said county, for the year eighteen hundred and fifty-one, that John Robinson, has been re- turned to the Receiver as a citizen and tax payer of Love- joy's District, of said county, when in truth, and in fact, there is no such person in said district; and, whereas, the tax assessed on the property as given in, amounts to the sum of Five Dollars and Fourteen Cents, which has been paid over to the State, by said Tax Collector.— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of FiveUoiia« the same, That his Excellency, the Governor, be and he is wntsfto'w!1 hereby authorized and requested to draw his warrant upon c,Duu* the Treasury, in favor of William C. Dun, Tax Collector of Jasper county, for the sum of Five Dollars and Four- teen Cents, it being the amount of tax paid over to the State, by said Tax Collector, more than was due. APPROPRIATIONS.—1851-2. 351 James Gibson. (No. 230.) An Act for the relief of James Gibson of the county of Wil- kinson, and to authorize and require the Governor to draw his warrant upon the Treasurer in favor of said Gibson or his agent, for the sum of Nineteen Hundred and Two Dollars and Two Cents. Approved, January 13, 1652. Whereas, it appears by the petition of James Gibson, and' the testimony therewith submitted, that the said Gib- son holds a warranty title from the, State of Georgia to a certain negro man named July, bearing date the eleventh day of April, eighteen hundred and thirty-four, and that at the October term of Wilkinson Superior Court, eighteen hundred and fifty a judgment was rendered against the said Gibson in an action of Trover, for said negro man Ju- ly, in favor of one Samuel N. Papot, for the sum of Sixteen Hundred and Fifty Dollars, and that the said Gibson was compelled to and did pay out in obedience to said judg- ment, the sum aforesaid, together with the sum of Fifty Two Dollars and Fifty-Nine Cents, costs of Court, and the further sum of Seventy-Five Dollars Attorney's fees for defending his title from the State, making in the whole the sum of Seventeen Hundred and Seventy-Seven Dollars and Fifty-Nine Cents, which amount, with lawful interest thereon, from the twenty-sixth day of October, eighteen hundred and fifty, (the time, of payment,)' to the twenty-sixth October, eighteen hundred and fifty-one, is One Hundred and Twenty-Four Dollars and Forty-Three Cents, making in the aggregate, the sum of Nineteen Hundred and Two Dollars and Two Cents, which the said Gibson has been compelled to pay out and lose in consequence of the failure of his title from the State of Georgia, and whereas justice and good faith alike demand that the State should restore and refund to the said Gibson, the said sum so paid out by him— Section I. 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 °f to the same, That immediately after the passage of this Act, soT66 His Excellency, the Governor, be he and is hereby authorized and required to draw his warrant upon the Treasurer of this State in favor of James Gibson, or his agent Arthur E. Cochran, for the sum of Nineteen Hundred and Two Dollars and Two Cents, to be paid out of any monies in the Treasury "not otherwise appropriated, any law to the con- trary notwithstanding. 352 APPROPRIATIONS.—1851-2. Seaborn Jones. . (No. 231.) An Act to indemnify Seaborn Jones for loss sustained by him •in consequence of the State selling him a fractional lot of land, to which it had no title. Approved, January 12, 1852. "Whereas, fractional lot of land number ten, in the Sev- enth District of Muscogee county, was sold by the State in April, eighteen hundred and forty-nine under the Act of eighteen hundred and forty-seven, entitled an Act to au- thorize the Governor to appoint fit and proper persons to sell and dispose of the undrawn lots in the land lotteries heretofore had in this State, and to limit the time for frac- tion purchasers to pay for and take out grants for fractions, and was bought by Seaborn Jones, of Muscogee county, for Four Hundred and Thirty Dollars, the whole of which he paid to the State, in April, eighteen hundred and forty-nine, besides also Three Dollars as a grant fee; and, whereas, the fraction was claimed by one John G. Winter to be his, and thereupon arose a legal suit between Jones and Winter, to try the title to the fraction, which was finally carried from the Superior Court of Muscogee county, to the Supreme Court; and, whereas, the Supreme Court decided that the title of Winter was good, and that the grant to Jones was void, and that the State had already, before making the grant to Jones, parted with its title to the fraction ; and, whereas, the cost and expenses of the litigation aforesaid were considerable to Jones, namely, Ten Dollars in theSu- perior, and Twelve Dollars in the Supreme Court, besides in the Supreme, a counsel fee of One Hundred Dollars, therefor—: Sec. I. Be it .enacted by the Senate and House of Bepresentatives of the State of Georgia in General As- monehya,Inter. sembly That upon the presentation by the said Sea- fetumfdufs. b°m J ones, to His Excellency the Governor, of satisfactory Jones. ' evidence that the grant issued by the State to him for the fraction aforesaid, has been declared void, and return of said grant, his Excellency the "Governor, is hereby author- ized to draw his warrant on the Treasurer in favor of said Seaborn Jones, for the amount of the purchase money paid by him, with interest from the date of its payment, as al- so for the sum of Twenty-Two Dollars, the amount of Court costs to which said Jones was subject, in said case, as also the grant fee of Three Dollars. ATTORNEYS—1851-'2. John W. Duncan—Alfred F. Braham. 353 ATTORNEYS. . title ih. Nc. 232. John W. Duncan. No. 233. A. F. Braham. (No. 232. ) An Act to authorize John W. Dunpan'to plead and practice Law in the several Courts of Law and Equity in this State, on certain conditions therein named. Approved, January 14, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in GeneraV Assembly met, and it is hereby enacted by the cmthority aforesaid, That from and after the passage of this Act, Dun. John W. Duncan, now a resident of the county of Chat- ham, in this State, be and he is hereby authorized to plead and practice Law in the several Courts of Law and Equity in this State, upon his undergoing an approved examina- tion according to law, under the same liabilities, and hav- ing the same privileges," as if he were a natural born citi- zen of this State. (No. 233.) (. An Act to authorize Alfred F. Braham to* plead and practice Law in the several Courts of Law and Equity in this State, on certain conditions therein named. Approved, December 19, 1851. "Whereas, Alfred E. Braham, an Englishman by b^th, "who has been living in the United States for the last four years, who is now an inhabitant of the State of Georgia, and has been for three years past, and who has filed a de- claration of his intention to become a "citizen of the United States, in the Clerk's office of the Superior Court of the county of DeEalb, but that sufficient time hath not yet 354 ATTORNEYS—1851-'2. Alfred F. Braham. . elapsed to entitle liim to take the oath of allegiance, and who has been for some time past engaged in the study, of law, and who is desirous to become a practitioner of the same— v Section I. Be it enacted hy the .Senate and House of Representatives' of the State of Georgia in General 'Assembly met, and it is hereby enacted by the authority of alfred f. the same, That from and after the passage of this Act, thorivedre" Alfred F. Braham, now• a resident of DeKalb county, in practice. this State, be and he is hereby authorized to plead and practice law in the several Courts of Law and Equity in this State, upon his undergoing an approved examination, according to law, under the same liabilities, and having the same privileges, as if he were a natural born citizen of . this State. CHURCHES, &c.—1851-'2. Preachers' Aid Society—St. Paul's Church. ' 355 CHURCHES AND CHARITABLE INSTITUTIONS * , TITLE IY. No. 234. Preachers' Aid Society, &c. No. 24l. Churches, Lodges, Divisions, • " 235. Hebrew Benevolent Society. &c. &c. " 236. Muscogee Asylum for the " 2421 Churches, Campgrounds, Lodg- Poor. , es, &c. " 237. Savannah Female Asylum. " 243. Fraternal, and other Lodges. '• 233. Jewish Congregation. " 244. Carrollton Chapter. " 239. Anderson Meeting House. " . 245. Sundry Lodges, &c. " 240. Several Baptist Churches. (No 234.) An Act to alter and change the name of the "Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church South," to that of the Preachers' Aid Society of the Georgia Conference ; also, to authorize the Church Wardens and Vestrymen of St. Paul's Church, in Augusta, to sell a portion of their lot. Approved, December 30, 1851. Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the name of the "Relief Society of the Georgia„Reliefgo. Annual Conference of the Methodist Episcopal Church cjety,^ J South," incorporated by an Act of the General Assembly of this State, passed in the year eighteen hundred and thir- 1 °cietr' ' ty-eight, and amended in the year eighteen hundred and fif- ty, be and the same is hereby altered and changed to that of the Preachers' Aid Society, of the Georgia Conference, and that all the rights, privileges and immunities conferred by the,, Act of incorporation upon members ot the said " Relief Society of the Georgia Annual Conference of the Methodist Episcopal Church South," shall be enjoyed and held by them under the name of " The Preachers' Aid Society of the Georgia Conference," and-that all laws mili- tating against this Act, be and the same are hereby re- pealed. • •Sec. II. And be it further enacted, That the Church gaie of lot of Wardens and Vestrymen of St. Paul's Church, in Augus-IwhaL ta, be and they,are hereby authorized to sell and conveythorized- *The Acts incorporating several Churches may be found under Title I, "Aca- demies &c." being a part of Acts belonging properly to that Title. For Act incorporating Augusta Orphan Asylum—See " Cities and Towns," Act No. 272. 356 CHURCHES, &c.— 1851-'2. Preachers' Aid Society—St. Paul's Church—Hebrew Benevolent Society. the portion of their lot in Augusta, authorized to be sold by the Act passed on the tw5nty-third of December, eighteen hundred and twenty-six, without reference to the proviso contained in said Act, and that all laws mili- tating against this Act, are hereby repealed. (Ho.-235.) An Act 'to incorporate " The Hebrew Benevolent Society of Savannah." Approved) December 19, 1851. Section I. Be it enacted by the Senate and Bouse of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Hebrew Bene- the same, .That from and after the passing of this Act, Solo- tyofsavan1-6"mon Cohen, President, and R. Einstein, Yice President, ated.incorpor and all others who now are or in ay hereafter become mem- bers of the association called, " The Hebrew Benevolent So- ciety of Savannah," be and they are hereby declared to be a body corporate under the name and style of " The lie- Powers and brew Benevolent Society of Savannah," and shall be capa- privileges, ble in law of receiving any^ devise or bequest, and of hold- ing and enjoying any real or personal estate whatever; ac- . quire by purchase, gift, devise or bequest, and shall have perpetual succession of officers and members; may have and use a common sea'l, and under the name and style aforesaid, may sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law or Equity in this State, having the requisite jurisdiction. Sec. II. And be it further enacted by the authority afore- vest funds m*said, That said Society shall have power and authority to property- invest its funds in any species of property whatsoever, and sell, lease or exchange any property by it acquired in any manner whatsoever. By-iaws. Sec. III. And be it further enacted, That the said So- ciety shall have power and authority to make and estab- lish such by-laws, rules and regulations, for its own govern- ment, as it may deem expedient and necessary, and the . same to alter, repeal, revoke, suspend or amend ; Prnvv- ded, That the same shall not be repugnant to the Constitu- tion and Laws of this State, and of the United States. CHURCHES, &c.—1851—'2. . 357 Muscogee Asylum for the Poor—Savannah Female Asylum. (No. 236.) An Act to alter and amend an Act, entitled an Act, to incor- porate the " Muscogee Asylum for the Poor," to make pro- visions for their support, and to authorize the Inferior Court of I Muscogee county, to bind out poor children to said corpo- ration, under certain circumstances, and to provide for their education. Approved, January 22, 1852. v. Section I. Be it enacted by the fienate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by tljce authority Part of Act of the same, That so much of the first section of the tion'mSi. Act," to which this is amendatory, as is 'contained .in the words " upon giving twenty days notice thereof, in one of the public gazettes of said county, and at the Court House," be and the same is hereby repealed. (No. 237.) An Act to amend an Act entitled an Act to incorporate the Savannah Female" Asylum, in the city of Savannah. Ap- proved, January 22, 1852. Whekeas, It is the object of said Society, to educate, clothe and support, such poor and. destitute female chil- dren, as are orphans, or whose parents are unable to sup- port them ; ahd, whereas, it is necessary to carry out the benevolent intentions towards such children, that said So- ciety should have the power of receiving them as appren- tices until the age of eighteen, and also of .transferring such indenture of apprenticeship, for the purpose of hav- ing such children instructed in a useful art or calling— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that Female Asy- the said Savannah Female Asylum, in the city of Savan- ceive children nah, be and it is hereby authorized to receive- female chil- apprentices dren, as indented apprentices, for the purpose of educa- of is y^ref9 tion and support, from any age under eighteen years, un- *Act passed in 1847, Pam. 133. 358 CHURCHES, &c.—1851-'2. Savannah Female Asylum. til their arrival at such age; and such female children having been indented, as is herein provided, shall be under the same control, and subjection to said Society, as appren- tices.indented to a master to learn any trade, profession, or calling. Sec. II. And be it further enacted by the authority afore- signature of said, That as such female children are usually received at a LaSnt for'' tender age, that in all cases where such female child is under 14 yeae^.nnder the age of fourteen years, that it shall not be necessary for such 'child to sign said indentures, but the signature of the parent or guardian, or person for the then time stand- ing in the place of .such parent or guardian, and having control of such child,'shall be sufficient, and the indenture so signed shall be as binding on such child as an indenture of apprenticeship is by the common law upon the appren- How attested, tice signing the same ; Provided, That the said indenture shall be witnessed by a Judge of the Superior ^Courts of this State, or a Justice of the Inferior Court of Chatham coun- ty, who shall'be satisfied of the power of the person to bind out such child, and the propriety of such child being so in- dented ;• and the said Judge or Justice shall give a certifi- cate thereof, under his hand, "which said certificate shall be competent evidencd of the facts therein contained, in any Court of Law or Equity in this State. Sec. III. And be it further enacted by the authority afore- such children said, That the said Savannah Female Asylum, in the city of Uu7toeiebamna Savannah, shall have the power to bind out such female trade, children as are so indented to it, for the purpose of having them taught a useful trade, calling or occupation. Sec. IV. And be it further enacted by the authority afore- Former in- said, That all indentures and contracts of binding heretofore dentures rati- taken by said Society, from -the parents and guardians of children heretofore received by it, be and the same are hereby declared valid and binding to all intents»and pur- poses, as though the same had been executed after the passage of this Act, and in accordance with its provisions. Sec. V. And be it further enacted by the authority afore- Repealing said, That all laws and parts of laws militating against this clause- ° Act, be and the same are hereby repealed. CHURCHES, &c. 1851—'2. 859 Jewish Congregation of Savannah—Anderson's Meeting House. (Ho. 238.) An Act to amend the charter of the Jewish Congregation of Savannah. Approved, December 19, 1851. Section I. 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 authority of the same, That from and after the passage of this Act, the Annual ^ ^ annual meeting-of said congregation shall be held on the on firs? Mon? first Monday in January next, and on the first Monday in ry.y m anua* January in each and every year succeeding. Sec. II. And be it further enacted by the authority afore- said, That the officers elected in August last, shall hold their offices until the first Monday in January, eighteen Jhundred and fifty-three,' and that all other business, officers to which, under the old charter, would have been transacted tu"S6 ^ in August, eighteen hundred and. fifty-two, shall be transacted at the next annual meeting. (Ho. 239.) An Act entitled an*Act to amend an Act entitled an Act to in- corporate Concord Church, in the county of Tattnall, approved, February 5, 1850, so far as relates to the name of said Church. Approved, January 12, 1852. Section. I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General As- ^ sembly met, and it is hereby enacted By the authority of"c the same, That from and after the passage of this Act, the Baptist Church in the Forty-First District, Georgia Militia, hous£?» Tattnall county, known by the name of Concord Church, shall be called and known by the name of Anderson's Meeting House. Sec. II. And be it further enacted by the authority repealing: aforesaid, i That all laws or parts of laws, militatingclause* .against this Act, be and the same are hereby repealed. 360 CHURCIIES, &c.—1851-'2. Marietta Baptist Church. (No. 240.) An Act to incorporate the Baptist Church in the town of Mariet- ta, in the county of Cobb, and appoint Trustees for the same; also, to incorporate Pisgah Baptist Church in the county of Floyd; also, to incorporate the Baptist Church of Christ, in Fay- etteville in Fayette county, and appoint Trustees for the same. Approved, January 20, 1852. Section I. Be it enacted by the Senate and House v of Representatives of the State of Georgia in General As- semhly met, and it is hereby enacted by the authority of Marietta the same, That David Dobbs, John M. Edge, "William H. churchincor- Robert, T. D. Key, A. S. Smith, and "William S. Tweedle, porated. pe and they are hereby, constituted a body corporate and politic, by the name and style of the Trustees of the Ma- rietta Baptist Church, in the village of Marietta, and the county of Cobb, and that they shall have a perpetual sue- cession, and common seal, and they and their successors, by the name aforesaid, shall be able and capable in law and equity, to- possess, purchase, receive, and retain to them and their successors, forever, any lands, tenements, rents, issues, goods, and Chattels, of any kind "whatever, which may have been given to or purchased by the said Trustees, for the use of said Church, and the same to dispose of in whatever manner they shall adjudge most beneficial for the use thereof, and by the name aforesaid, shall be able to sue and be sued, plead and be impleaded, answer and be answered, in any Court of Law or Equity, Sec. II. And be it further enacted, That all vacancies powers of occurring by death, resignation, removal or otherwise, shall Trustees. pe fQlec[ by said Church at a regular Church meeting, and that any -five of the Trustees be a quorum, and authorized to exercise all the powers granted by this Act, and that said Trustees shall have power to make all by-laws, rules and regulations necessary to carry their powers into effect, not repugnant to the Constitution and Laws of this State, or of the United States. Sec. III. And be it further enacted, That Alvan Dean, Piseah Bap. Absalom Dawkins, and Joseph J. (Harden, and their sue- incowrated. cessors in office, be and they are hereby declared to be a body corporate and politic, under the name and style of Pisgah Baptist Church, of the county of Eloyd, and as such may have a common seal, sue and be sued, plead and be impleaded, recover and hold property conveyed to them, and transfer and sell the same at pleasure, and that said Trustees and their successors, shall have power to fill CHURCHES; &C.-t1851^2; 361 Dade County Academy. all such vacancies that may occur in their body, and make such by-laws and regulations as they may deem proper; Provided', The same are not contrary to the Constitution and Laws of this State, or of the United States. Sec. IY. And be it further enacted, That John D. Stell, James J. Whitaker, John Murphy, Jeptha Murphy, JohnFayetteviiie B. Allen, "William, H. Hooten, and John Hash, and theirmcor. successors, be and they are hereby declared to be a bodyporated- corporate and politic, under the name and style of Trus- tees of the Baptist Church of Christ, at Fayetteville, Fayette county, and by such name and style shall have power to hold, possess, and enjoy property, real and personal, and transfer the same at pleasure, may sue and be sued, plead and be impleaded, and may pass any rules and by-laws for their government, not contrary to the Constitution and LawS of this State, or of the'United States, and-said Trustees, or a majority of them, may fill, any vacancy that may occur in their body. Sec. Y. And be it further enacted, That all laws and repeal^ parts of laws militating against this Act, be and the sameclause' are hereby repealed. (Ho. 241.) An Act to incorporate certain Churches, Camp Grounds, Acad- emies, Masonic Lodges, Odd Fellows' Lodges, Divisions of Sons of Temperance, and other associations, and for other pur. poses therein named. 'Approved, January 21, 1852. Section- I. 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 Wiley, Manos Morgan, Gallatin phens, Hugh Allison, and Shadrach C. Hale, be and they coi-poS.111 are hereby appointed Trustees for Dade County Academy, and they and their successors in office, are hereby declared to be a body politic and corporate, may sue and be sued, plead and be impleaded, in the several Courts of Law and Equity in this State, shall have power to make all necessa- ry regulations for the government of said corporation, not repugnant to law, may hold all kinds of property, make and receive conveyances, be invested with all gifts, grants, 362 CHURCHES, v%c.—1851-'2. Hopeful Baptist Church—Columbus Temperance Hall—S. of T. Divisions. rights, immunities or privileges whatsoever, that may be essential to the well being of said corporation. Sec. II. And be it further enacted by the authority Power to col. aforesaid, That said Trustees shall have full power to col- iectfunds. Ject, hold, and enjoy, to the benefit o,f said Academy, all monies that have been appropriated to, or in any way be- stowed, or that hereafter may be given, or gianted, for the use of said Academy. Sec. III. And be it further enacted by the authority inferior court aforesaid, That the Inferior Court of Dade county shall IfvHicL ^ave to remove any or all of said Trustees, when, in vacancies. 0pini0Ilj the interest of said Academy demands the same, and to fill all vacancies that may occur by death, resignation, or otherwise. Sec. IY. Be it further enacted by the authority afore- Hopeful Bap. said, That the Baptist Church in the sixty-fifth'district of corporated.1"' the county of Burhe, shall be known by the name of Hope- ful Baptist Church, and that Benjamin S. Palmer, Wil- liam J. Evans, Hampton TI. Hudson, Robert "Walls, Wil- liam Byne, Mathew J. Carswell, and Amos W. Wiggins, and their successors, be and they are hereby declared a body corporate and politic, under the name and style of Hopeful Baptist Church, and as such shall be capable in law to sue and be sued, to receive by gift or otherwise, and to hold, use, and dispose of any property they may become possessed of, by gift, purchase, or otherwise, and shall have power to make all by-laws necessary and proper to carry -their powers into effect, not repugnant to law; may use a common seal, and appoint such officers, 'as to them may appear proper, and remove the same, and when any vacancy occurs in said Board of Trustees, the remaining Trustees shall have power, or a majority may appoint as their by-laws may direct. Beg. Y. And be it further enacted by the authority Trustees of us aforesaid, That the Trustees of Temperance Hall, in the Temperaice13 city of Columbus and county of Muscogee, be and the rated.incorpo" same are hereby made a body corporate, under the name and style aforesaid. Sec. YI. And be it further enacted by the authority chefifeon af°resaid> That three members of the Chattahoochee Di- |eof Yand vision of the Sons of Temperance, Ho. Seventeen, and three uivisiofl. of members of the Muscogee Division of Sons of Temper- te'd!"corpora" ance, Ho. Twenty-Hine, and their successors to be appointed by the respective Divisions, as vacancies may occur, by death, resignation, or otherwise, be and they and their . successors are hereby declared capable in law of sueing and being sued, purchasing property and selling the same, CHURCHES, &c.—1651-'2. 363. Eureka Lodge of F. and A. Masons—Cohuttah Lodge—Alleghany Lodge. when in either case it may accrue to the benefit of either of the aforesaid Divisions of Sons of Temperance, making by-laws for their government, not inconsistent with, or re- pugnant to the laws of this State or the United States, or with the constitution and by-laws of either of the afore- said Divisions, and doing all other things, which bodies corporate may in law do, connected with the object of* their association. * Sec. VII. Be it further enacted by the Authority afore- Eureka said, That Eureka Lodge, Ho. Ninety-Five, of Free and Ac- and 'A. Ma-' cepted Masons, of Starkville, in Lee county, be and the Sted.ncorpo" same is hereby made a body corporate under the name and style aforesaid. * Sec. VIII. And be it further enacted, That William powers and W. Gilmore, Worshipful Master, Mathew E. Williams,P ses* Senior Warden, and, William Hawkins, Junior Warden, the officers of said Lodge, and their successors in office, be and they are hereby declared capable in law, of sueing and being sued,, purchasing property, and selling the same, and doing all other things, which bodies corporate may in law do, connected with the objects of their association. Sec. IX. Be it further enacted by the authority afore- Lodged said, That from and after the passage of this Act, David p°rated'ncor" J. Johnson, as Worshipful Master, James A. R. Hanks, as Senior Warden, and Dawson A. Walker, as Junior Warden, of Cohuttah Lodge of Free Masons, in Murray county, and their successors in office, respectively, shall compose a body corporate, under the name, of Cohuttah Lodge, Ho. One Hundred and Forty-Five. Sec. X., And be it further enacted, That said Lodge and shall have power to use a common seal, to sue and be sued, rmeges* • under the name, aforesaid, and to receive and make titles to any property, real or personal. Sec. XI. Be it further enacted by the authority afore- said, That Simpson Reid, Worshipful Master, James S. p°raW.nc01" Ratcliff, Senior Warden, James J. Logan, Junior Warden, and the other officers and members of Alleghany Lodge, Ho. One Hundred and Fourteen, of Free and Accepted Ma- sons of Union county, and their successors in office, be and they are hereby incorporated, and created a body politic and corporate, by the name and style of Alleghany Lodge Ho. One Hundred and Fourteen, of Free and Accepted Ma- sons, and by that name may sue and be sued, plead and be impleaded, and may purchase and convey property, both • real and personal, contract, and be contracted with, have the rights of perpetual succession, and have and use a common seal, and the same to alter at pleasure, and make 364 CHURCHES, &c.—1851-'2. Trustees Calhoun Academy—Trustees of Dalton Academy—Aramatheon Methodist Church. such by-laws and regulations as they may deem necessa- ry and proper, not repugnant to the Laws and Constitution of this State. Sec. XII. Be it further enacted by the authority afore- Trustees of said, That W. P. Barney Martin Duke, D. S. Law, TV. II. Academy in- Dabney, E. Barker, TV. J. Cantrell, and TV. M. Peoples, corporated. anc[ their successors in office, shall be and they are hereby declared to be a body corporate, by the name and style of the Trustees of Calhoun Academy, in the county of Gor- don, and they, the said TV. P. Barney, Martin Duke, D. S. Law, TV., LI. Dabney, E. Barker, TV .J. Cantrell, and TV. M. Peoples, shall be invested with all manner of property, both real and personal, all monies due, or that may become due, gifts, grants, hereditaments, privileges, and immuni- ties whatsoever, which may belong to the said Academy or which.may hereafter .be in%de or transfered to them, the said Trustees and their successors in office, to have, and to hold the same for the proper use, benefit and behalf of the said Calhoun Academy, and the said Trustees, styled as aforesaid, shall be and they are hereby declared to be ca- pable of sueing or being sued, and of using all necessary and legal steps for recovering and defending any property whatever, which the said Academy may hold, claim or de- mand, and also with power to make all necessary regula- tions concerning said Academy buildings, or the appenda- ges thereto appertaining and belonging, and to secure in the name of themselves and their successors in office, fee simple or other titles to any estate or personalty which has been sold, or may hereafter be conveyed to said Academy. Sec. XIII. And be it further enacted, That any vacan- , cies that may occur by death, resignation, or otherwise, of canoils.of va" any of the Trustees of said Calhoun Academy, the survi- vors, or a majority of them, shall fill the same in such man- ner as shall be pointed out by the bydaws and regulations of the Trustees aforesaid. Sec. XIV. Be it further enacted by the authority afore- said, That John Hamilton, P. 0. McOwen, L. TV. Earnest, fiF°£pod" Blunt, TV illiam P. Chester, Edward TVhite, and E. med!ncorpo J. Tarver, be and they are hereby appointed < Trustees of the Dalton Academy, in the county of Whitfield, and that they be invested with all the powers, rights and privileges of the Trustees of the Calhoun Academy, in the county of Gordon. Sec. XV. Be it further enacted by the authority afore- Aramatheon sa^' That Joseph Jacobs, John Peed, William Spires, and churcS^i'ncor Tohn Landers, and their successors in office, shall be and porated.lncor* they are hereby appointed, and declared to be a body cor- CIIUKCHES, &c.— 1851-'2. 365 Haw HammackBaptist Church—Brotliersville Academy. porate, by the name and style of the Trustees of Arama- theon Methodist Church, of the county of Lincoln, and as such shall he capable in law, to sue and be sued, to receive' by gift, or otherwise, and to hold, use, and dispose of, for the use of said Church, any property they may become possessed of, by gift, purchase, or otherwise, and take all necessary steps for recovering damages for any tresspass or other injury to tl^e property of said Church, real or person- al, and defend or sue for any property which now belongs or hereafter may belong to said Church. Sec. XYI. And be it further enacted, That the said £°ys^egof Trustees, and their successors in office, or a majority of rustees" them, shall have power and authority to make all by-laws, necessaiy for the government of said Church, not repug- nant to the Laws and Constitution of*the State. Sec. XYII. And be it further enacted, That the said Filling of va. Church shall have 'full power and authority to fill all va-cancies* cancies which may occur in the trust body. Sec. XYIII. And be it further enacted by the authority aforesaid, That the Baptist Church in the county of Email- mack Baptist uel, 'in the Fifty-Third District, Georgia Militia, of said poratehd.,ncor" county, shall be known by the name of Haw-Hammack Baptist Church, and that Elam B. Lewis, Elisha Coleman, B. E. Brinson, Irwin L. Ivirkland, and Britton Scott, and their successors in office, be and they are hereby appoint- ed a body politic and corporate, under the name and style of the Haw-Hammack Baptist Church, and as such, shall be capable in law, to sue and be. sued ; to receive by gift or otherwise, and to hold, use and dispose of any property they may become possessed ot by gift, purchase or other-' wise, and shall have power to make all by-laws necessary and proper for carrying their powers into effect, not repug- nant to the Constitution or Laws of this State,, or the Uni- ted States. And the said Trustees may use a common seal, and appoint such officers as to them may appear proper, and to remove the same, and when any vacancy occurs in the Board of Trustees, by death, resignation or otherwise, the remaining Trustees shall have power, or a majority of them may appoint, as their by-laws shall direct. Sec. XIX. And be it further enacted by the authority Brothersville aforesaid. That from and after the as sage of this Act, Sam- Academy1 ® uel B. Clark, Edmund B. Gresham, Moses P. Green, Wil-1UL0ip0iate 5 liam J. Evans, James Anderson, John ~W. Carswell, An- gustus H.Anderson, and AlexanderMurphey, be and they are hereby constituted a body corporate and politic, by the name and style of the Trustees of Brothersville Academy; said Board of Trustees to be augmented in number by the 366 CI-IURCIIES, &c.—1851—'2. Broomtown Camp Ground—Emory Academy. present Board; Provided, That not more than twelve shall at any time' exist. Sec. XX. Be it further enacted, That the Trustees, and Trusteed tlieir successors in office, under the name and style afore- said, may use a common seal, and shall be capable of sue- ing and being sued, pleading and being impleaded, also, . to have, take, possess and acquire, by gift, grant or pur- chase, property, both real and personal, for the use of said Academy. Sec. XXI., Be it further enacted, That when any va- va" cancy may happen, by death, resignation or otherwise, of any of the Trustees of said Academy, the remaining Trus- tees, or a majority, shall fill the1 same, in such manner as may be pointed out by' the by-laws and regulations of the Trustees aforesaid. .♦ Sec. XXII. Be it further enacted by .the authority afore- camTgr^d said, That Wiley E. Wood, Branham Thomas, Thomas A. incorporated, Yincent Johnson, John Stricklin, Elijah Wyatt, James IT. Ewing, Ahashaby Johnson, and J. R. Simmons, and their successors in office, be and they are hei'eby ap- pointed and declared a body corporate, under the name and style of the Trustees, of the Broomtown Camp Ground, of Chattooga county. Sec. XXIII. And be it further enacted, That said Trus- Powers of tees, and their successors, shall have full power to make Trustees. sllc}1 by-laws and regulations, for the government of said Camp Ground, as they or a majority of them may deem necessary ; Provided, They be not repugnant to the Con- stitution and Laws of this State, or of the United States. Sec. XXIY. And be it further enacted, That the said Sl,ofva' Trustees and their successors, or a majority of them, shall have full power and authority to fill any vacancy which may occur in, their body, by death, resignation or other- wise. Sec. XX Y. Be it further enacted by the .authority afore- Acaliemy sa^> That from and after the passage of this Act, Wil- incorporated. pam M. Story, J. P. Fleming, James P. Asten, Barton Scroggin and Alfred Lazenby, and their successors in office,*be and they are hereby constituted a body corpo- rate and politic, by the name and style of the Trustees of Emory Academy. Sec. XXYI. Be it further enacted, That the Trustees Trustees°f anc^ tbeir successors in office, under the name and style -us ' aforesaid, 'may use a common seal, and shall be capa- ble of sueing and being sued, pleading and being implead- ed, also, to have, take, possess and acquire, by" gift, grant or purchase, property, both real and personal, for the use of CHURCHES, &c.—1851-'2. 867 Grand Division of the Sons of Temperance. said Academy, and when any vacancy may happen, by ' death, resignation or otherwise, of any of the Trustees of said Academy, the successors, or a majority of them, shall fill the same, in such manner as their by-laws may direct. And, whereas, W. S. Williford, "William Dibble, George S. Obear, P. A. Lawson, G. L. McCle^ky, Joseph Felt, Barnard Hill, John J. Floyd, E. G. Cabiness, and J.. S. Pinckard, have, by their memorial, stated that there exists divers Subordinate Divisions of the Sons of Temperance, in this State, oa er which there is a presiding or superintend- ing Grand Division, composed of the memorialists, as members, and others who have joined in promoting the good of the Order, founded on the principles of temper- ance, benevolence and brotherly love, the object of which is to shield from the evils of intemperance, afford mutual assistance in case of sickness, and to elevate the character of man. . Section XXVII. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Grand Divi_ Assembly met, and it is hereby enacted by the authority the same, That the several persons herein before named, and others who are or may become members of the Grand Division of the Sons of. Temperance of the State of Geor- gia, and their successors, shall be and they are hereby de- creed to be a body politic and corporate,- in name and deed, by the style of " The Grand Division of the Sons of Temperance of the State of .Georgia said Grand Divi- sion to be located at Macon, or such other place as may be determined on by said Grand Division, and by said name and style shall have perpetual succession of officers and members, and a common seal, to use, and shall have full power to make and amend, change and alter such by-laws as may be agreed upon by the members of the same ; Pro- vided,* Such by-laws be not repugnant to the Constitution and Laws of this State or the United States. Sec. XXVIII. And be it further enacted by 'the 'authori-^j'?t?e®and ty of the same, - That they 'shall have full power and an- thority under the style and name.of the Grand Division of the Sons of Temperance of the State of Georgia, to take, hold and enjoy, real and personal property, to. sue and be sued, plead and be impleaded, answer and be an- swered unto,, in any Court of Law or Equity, or any tribunal, having jurisdiction thereof, and also to receive, take and apply, bequests, devises or donations, that may be' made to and for the uses and purposes intended by said Institution, and shall be, and are hereby declared to be vested with all the powers and advantages, privileges and emoluments of 368 CIIURCIIES, &c.—1851-'2. All Subordinate Divisions—Baldwin Daiford Division—Savannah Mutual Loan Association. a society of people incorporated to the purpose and inten- tion of their laudable Institution. Sec. XXIX. And be it further enacted, &c., That all Aii^subordi^ regular Subordinate Divisions under the power and juris- incorporated, cliction of the said Grand Division, and such others as may be chartered by authority of the same, are hereby de- clared to be bodies politic and corporate, in name and deed, by whatsover style and name they may be called and known in their constitutions, with equal powers to those which are hereby granted the said "Grand Division of the Sons of Temperance of the State of Georgia," so long as the said Subordinate Divisions remain under the power and jurisdiction of the said Grand Division, and in all things abide by and conform themselves to the resolutions and by-laws of the same, and no longer. Sec. XXX. Be it further enacted by the authority afore- Baldwin Rai- said, That James Bostwick, Benniah S. Carswell, Ilamil- incorporated, ton Raiford, James L. Daniel, and Patrick B. Connelly, together with the other members and officers, and their sue- cessors, be and they are hereby made a body corporate and politic, under the name and style of Baldwin Raiford Divi- sion of the Sons of Temperance, and shall be invested with the same powers, rights and privileges, as are conferred upon the other aforesaid Divisions of Sons of Temperance, incorporated ,by this Act. Sec. XXXI. And be it further enacted, That Robert D. Savannah Walker, Thomas ~W. Turner, James Sullivan, Mulford Loan Asso- Marsh, John C. Ferrell, James B. Read, and Isaac D. La porated,lnGor' Roche, and their associates of Chatham county, and such persons as may hereafter be associated with them, and their successors, be and they are hereby made and declared to be a*body politic by the name and the style of " The Sa- vannah Mutual Loan Association," with full powers to make such by-laws, rules and regulations, as may be need- ful for the government of said body politic, to sue and be sued, pleacl and be impleaded, in any of the Courts of Law and EquitjT in this State,-to have and use a common Sec. XXXII . And be it further enacted, That John B. AntwchM. Berry, Christopher E. Reiser, and Jermiah Mallette, Tins- incorporated, tees of Antioch Churchy a Methodist Episcopal Church, in the county of Effingham, and their successors in office, be and they are hereby incorporated and made a body politic, under the name and style of the Trus- tees of Antioch Church, and by said name and style to have perpetual succession, to sue and be sued, plead and be impleaded, to purchase, hold and possess, real and CHURCHES, &o.—1851-'2. 369 Jackson Lodge—Cross Lodge—New River Lodge—Washington Lodge. personal estate, to make all by-laws necessary for tbeir government, not contrary to tlie Constitution and Laws of this State, and do all other things necessary for the objects of said incorporation. Sec. XXXIII. And be it further enacted, That David Worsham, Worshipful Master, Jonathan McLendon, Se-porated>ucor" nior Warden, David II. Ilill, Junior Warden, of Jackson Lodge, number Forty-Eight, in Crawford county, and their successors in office, be and the same are hereby made a body corporate, under the name and style of Jackson Lodge number Forty-Eight, of Free and Accepted Masons, with all the powers, rights and privileges conferred' on the other Lodges mentioned in this Act. Sec. XXXIV. And be it further enacted, That James cross Lodge M. Clark, Worshipful Master, William Thornton, Seniorincorporated Warden, and Elisha F. Kirksey^ Junior Warden, of Cross Lodge, number Twelve, in the town of Lumpkin, county of Stewart, and their successors, be and they are hereby incorporated under the name and style of the Master and Wardens of Cross Lodge, number Twelve, in the town of Lumpkin, with the same powers as are conferred upon other Lodges in this Act. Sec. XPXV. And be it further enacted, That the ■ 0;®"NewRiver cers of Xew Eiver Lodge, number Ninety-Four, in the vil-LocTge IncSr. lage of Corinth, Heard county, be and they are herebypordted* made a body corporate, under the name and style above, with all the powers, rights and privileges conferred upon the other Lodges of Free Masons, named in this Act. Sec. XXXVI. And be it further enacted, That Bennett H. Perkins, Worshipful Master, William Morgan, Senior Sife'llcor- Warden, William JI. Brooks, Junior Warden, of Washing-porated* ton Lodge, number Nineteen, in the town of Cuthbert, county of Bandolph, and their successors in office, be and they are hereby incorporated a body corporate, under the name and style of the Master and Wardens of Washing- ton Lodge, number Nineteen, witb the same powers as are • conferred on other Lodges, in this Act. 24: 370 ciiurciies, &c.—lsrn-^. Yeinassee Division, Sous of Temperance. (No. 212.) An Act to incorporate the Baptist Church, at Lexington, Ogle- thorpe county; Dried Indian, Mountain Academy, in the county of Newton ; Bascorn Academy, in Scriven, county; Euharlee Church, in Cass county; Ebenezer Church and Camp Ground, in Meriwether county; Union Baptist Church of Christ, of the county of Lumpkin; Yemassee Division, Number Fifteen, Sons of Temperance; Stevens' Spring Aca- demy; Planter's Academy, in Randolph county; Wildly Lodge, Number Thirty-Two, of the Independent Order of Odd Ftl- lows, at Americus; Rome Lodge of Odd Fellows; Coosa Lodge, Number Sixty.-Six; Hunter Lodge, Number One Hundred and Thirty-Four; McKey Lodge, Number One Hundred and Twenty; New Providence Church, and Snake Ci'eek Academy, in Murray county ; Church of St. Paul's Parish, in Albany, Baker county ; Bethlehem Camp Ground, in Forsyth county; Ball Hill Camp Ground, in Muscogee county ; Baptist Church of Christ, at Ceder Creek, in Floyd county. To revive the Act of incorporation passed December nineteenth, eighteen hundred and twenty-seven, so far as re- lates to the Baptist Church, in the town of Washington, Wilkes county; to incorporate the Paris Hill Academy, in Scriven county ; the Harmony Lodge, Number , of Free and Ac- cepted Masons, at McLendon's Store, Henry county ; Cale- donia Lodge, Number One Hundred and Twenty-One, of Free and Accepted Masons, located at Cedar Town, Polk county; Georgetown Lodge of Free and Accepted Masons, Number One Hundred and Sixty-Two; Washington Lodge, Number Forty- Six, at Pond town, of Free and Accepted Masons; and to estab- lish a Ferry on Flint river, and allow the usual rates of toll, and for other purposes therein specified, and to incorporate certain other associations1 therein named. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Hepresentatives of the State of Georgia in General As- Yemassee Di- sembly met, and it is hereby enacted by the authority of ol^Temper- the same, That "William King, Senior, S. A. J. Laurence, ~ William J. Feay, J. B. Ripley, G. S. Roux, D. II. Gallo- way, E. W. Jones, C. A. Magill, D. B. Coleman, E. Neid- linger, • G. Cassee, J. Hitchcock, James Fountain, James Gow, M. Y. Henderson, M. L. King, F. Krenston, B. H. Hardee, R. H. Harden, O. C. Parker, J. P. Buckner, E. Allen, H. Shepherd, G. S. Miller, H. Leary, D. S. IIow- ard, J. D. Rogers, G. W. Hardcastle, T. R. Sweat, J. 31. Palin, J. S. Miller, J. Sullivan, E. W. Irwin, S. C. Wood- ward, A. R. Ralston, John Makin, S. Manning, E. Young, G. Hutchinson, II. Smith, S. Stick, M. Holyhan, CHURCHES, &c..—1851-'2. 371 Hunter Lodge and Coosa Lodge, and McKey Lodge .incorporated. N. P. Ilarclcastle, P. Young, J. J. Logan, C. E. Burnie, A. Campbell, P. O. Donnell, A. Ponce, D. P. Nesler, M. McDonald, J. Gier, P. J. Dulvis, J. A. Maddox, It. II. Darby,. W. J. King, jr., J. E. Johnson, J. Pringle, J. A. Baker, and all others who now are, or shall hereafter be made members of Yemassee Division, Number Fifteen,Sons of Temperance, and their successors, be and they are here- by incorporated, and made a body politic, by the name and style of Yemassee Division, Nucnber Fifteen, Sons of Tern- perance, and they are hereby clothed with all the usual and necessary corporate powers to be exercised in such manner as not to conflict with the laws of the land. Sec. II. And be it further enacted, That the said Yem- privileges and assee Division, Number Fifteen, Sons of Tetnperance, shallhablhtles* have full power to take, hold and enjoy, real and personal property, to-sue and be sued, plead and be impleaded, answer and be answered unto, in any Court of Law and Equity, or any tribunal having jurisdiction thereof; and, also, to receive, take and apply bequests, devises or dona- tions, that may be made to and for the charitable purpo- ses which the said Division is intended to subserve. Sec. III. And be it further enacted, That Hunter Lodge, HratwLodge Number One Hundred and Thirty-Four, and Coosa Lodge, a Number Sixty-Six, both of Rome, Floyd county, and incorporated®® McKey Lodge, Number One Hundred and Twenty, Cave Spring, Floyd county, of Free and Accepted Masons, be and they are hereby severally made bodies corporate un- der their respective names and styles aforesaid. Sec. IY. And be-it further enacted, That George B. Douglass, Worshipful Master, Daniel S. Printup, SeniorPrmeses' Warden, and Benjamin H. Lampkin, Junior Warden, offi- cers of Hunter Lodge, Number One Hundred and Thirty- Four; and that James T. Sawrie, Worshipful Master, Thomas J. Perry, Senior Warden and Junior Warden pro tem. officers of Coosa Lodge, Number Sixty-Six, and McKey Lodge, Number One Hundred and Twenty, Cave Spring, and their Master and Wardens, they and .their successors in office, respectively, shall have full power and authority to purchase, inherit, receive, hold and enjoy property, both real and personal, sue and be sued, plead and be impleaded, to answer and be answered unto, in the several Courts of Law and Equity in this State; and by their respective names and styles, shall have perpetual sue- cession of officers and members, and a common seal for each to have and use, and to make, amend, alter and change such by-laws as may be agreed on by said Lodges,. respectively, for the government of each ; Provided, Such 372 CIIURCIIES, &c.—1851~'2. Rome Lodge and Wildly Lodge incorporated. by-laws be not repugnant to the Constitution and Laws of this State or of the United States. Anthentica- Sec. Y. And be it further enacted, That in the purchase tract^'cou" and sale of property, both real and personal, by the said Lodges, respectively, and in the execntion of all contracts whatever, the signatures of their several presiding officers, and their respective Secretaries of each, shall be taken, deemed and held sufficient to bind the said Lodges re- spectively. romeolodge Sec. YI. And be it further enacted, That Rome Lodge, incorporated. Number Forty, Independent Order of Odd Fellows, of Rome, Floyd county, be and the same is hereby made a body corporate under the name and style aforesaid. privileges and Sec. YH. And be it further enacted, That Dudley S. liabilities, Jones, W. M. Berrien, S. G. Daniel, S. Printup, Treasurer, and "Wiley 0. Denson, Secretary,' officers of said Lodge, and their successors in office, shall have full power and authority to purchase, inherit, receive, hold and enjoy pro- perty, both real and personal, sue and be sued, plead and be impleaded, to answer and be answered unto, in the sev- eral Courts of Law and Equity in this State, and by its name and style shall have perpetual succession of officers and members, and a common seal to have and use, and to make, amend, alter and change such by-laws as may be agreed on by said Lodge for its government; Provided, That such by-laws be not repugnant to the Constitution and Laws of this State or of the United States. Amhentica. Sec. YIII. And be it further enacted, That in the pur- tractsfC011" chase or sale of property, both real and personal, by the said Lodge, and in the execution of all contracts whatever, the signature of the presiding officers shall be taken, held and deemed sufficient to bind the said Lodge, wildly lodge Sec. IX. And be it further enacted, That Wildy Lodge, incorporated, Thirty-Two, of the Independent Order of Odd Fellows, at Americus, Georgia, be and the same is hereby made a body corporate by the name and style aforesaid. Privileges and Sec. X.' And .be it further enacted, That James R. Mc- liabilities. Arter, Noble Grand, and John Creamer, Yice Grand, and John J. Hudson, Secretary, and Alfred McPherson, Treas- urer, the officers of said Lodge, he and they and their sue cessors in office, are hereby declared capable in law of sueing and being sued, purchasing property and selling the same, and doing all things which bodies corporate may in law do, connected with the object of their association. lanters'Aca- Sec. XI. And be it further enacted, That William B. Powted?or' Gilbert, Thomas Greene, Augustus Webb, Wiley F. Mar- tin, and James Bradbury, and their successors in office, be CHURCHES, &c.—1851—'2. 373 Planters' Academy—Stevens' Spring Academy—New Providence Church, &c. and they are hereby constituted a body corporate and po- litic by the name and style of the Trustees of Planters' Academy, in Randolph county. Sec. XII. And be it further enacted, That the Trustees, privileges and and their successors in office, under the name and styleliablllties' aforesaid, may use a common seal, shall be capable of sue- ing and being sued, pleading and being impleaded ; also, to have, take, possess and acquire, by gift, grant or pur- chase, property both real and personal, for the use of said Academy ; also, to make such by-laws for the government of said Academy as they may deem proper, not repugnant to the Constitution and Laws of this State. Sec. XIII. And be it further enacted, That when any of va" iii • • i • candies. vacancy may happen, by death, resignation or otherwise, of any of the Trustees of said Academy, the remaining Trustees, or a majority of them, shall fill the same in such manner as shall be pointed out by the by-laws and regula- tious of the Trustees aforesaid. Sec. XIY. And be it further enacted, That Thomas G. McFarland, Columbus D. McFarland, George "Willis, Lo- fPYfgnAcade- dowick J. McLeod, John Hawkins, John Pearce, sen., and my" Richard B. Campbell, be and they are hereby appointed Trustees, and they, and their successors in office, are de- clared a body corporate by the name and style of the Ste- veils' Spring Academy, in Stevens' Valley^ Walker county. Sec. XY. And be it further enacted, That the Trustees fining of va_ aforesaid, be and they are hereby vested with full powercanuies- to fill all vacancies that may occur in said Board of Trus- tees; to use a common seal, sue and be sued, plead andPrivilegesand be impleaded, in the several Courts of Law and Equity in liabiliti<*- this State, to hold title to and to convey real and personal estate, to make all by-laws necessary for their own govern- ment, not repugnant to the Constitution of this State; to appoint to and remove from office, such officers as they,or a majority of them may think proper. Sec. XYI. And be it further enacted, That Jesse Mil- trustees'for ler, J. H. Copelin, A. E. Yancliver, D. M. Halone, JohnfcBS,. Baugh and Thomas Moody, be and they are hereby ap- pointed Trustees of Hew Providence Church, in the county of Murray, with power of making laws for the govern- ment of said Church, and the ground belonging thereto, including four acres of land. Sec. XYII. And be it further enacted, That Jesse Mil- Trustees for ler, J. H. Copelin, A. E. Yandiver, D. M. Malone, John&Sr* Baugh and Thomas Moody, be and they are hereby ap- pointed Trustees of Snake Creek Academy, with power to make necessary laws for the government of the same. 374 CHURCHES, &c.—1851-2. Vestry of St. Paul's Parish, Albany-r-Bethleheni Camp Ground. Sec. XYIII. And be it further enacted, That Phinier JVI. Uitingale, Yarl G. Rust, Garnett Andrews, James C. vestry of st. brooks, William W. Charun, "William M. Law ton, John Pauijs pansh, p. Uelson, Jeptha C. Harris and Richard Iv. Ilines, jun., corporat'ed, and their successors in office, he and they are hereby con- sfcituted a body politic and corporate, by the name and style of the Wardens and Vestry of the Church of St. Paul's Parish, Albany, Georgia. Sec. XIX. And be it further enacted, That said corpo- ration shall be known by a common seal, and that said cor- privileges and poration shall be capable of contracting and being con- liabilities, tracted with, of sueing and being sued, pleading and be- ing impleaded, and of making such by-laws and regula- tions for said corporation as may be deemed advisable and necessary, not contrary to the Constitution and the Laws of this State, or to the Constitution and Cannons of the Pro- testant Episcopal Church of the Diocese of Georgia and of the United States, and that said corporation shall have full power to purchase and acquire real and personal es- tate, in any manner whatever, not contrary to the Constitution and Laws of this State, and the same, in any manner at pleasure, to sell for the benefit of said Church. Sec. XX. And be it further enacted, That all property, real and personal, which may have been heretofore ac- Property of by the former Wardens and Vestry of said Church, foi^^wur. or by any other persons for the use of said Church, be t&y 11 hereby vested in said corporation, and their successors in office, without further conveyance from said former War- ders and Vestry, or any other persons. Sec. XXL And be it further enacted, That all vacan- cies in said Board of Wardens and Vestry, shall be tie- . clared and filled according to the Constitution and Can- caniies,0 va" nous of the Protestant Episcopal Church of the Diocese of Georgia and of the United States. Sec. XXII. And be it further enacled, That William Blackstock, Young P. Pool, G. S. Street, Joshua Sewell, and Robert Williams, and their successors in office, be and pampGr™ nj they are hereby declared to be a body corporate under the incorporated. name anc[ gtyffi 0f the Trustees of Bethlehem Camp Ground, and as such, may have a common seal, sue and be sued, plead and be impleaded, receive and hold pro- perty conveyed to them, or transfer and sell the same, at their own discretion. Sec. XXIII. And be it further enacted, That said Trus- tees, and their successors, shall have power to fill all va- privife^i"d cancies which may occur in their body, make rules and regulations, pass all by-laws necessary for their government; CHURCHES, &c.—1851-'2. 375 Ball Hill Camp Ground—Baptist Church at Cedar Creek. Provided, They he not inconsistent with the Constitution and Laws of this State, and have and enjoy such other privileges as are usual to corporations. Sec. XXIY. And he it further enacted, That the cor- Extent of cor- porate limits of said incorporation, shall extend four hun-poratelimlts' dred yards, in every direction from said encampment. Sec. XXY. And he it further enacted, That Edward Ban mn Covington, William S. Howard, Theophilus Sapp, Daniel hicorpmSedf McCloud, A. C. Hudson, Benjamin Eussell, William Saun- ders, and their successors in office, he and they are hereby appointed and declared a body corporate under the name and style of the Trustees of Ball Hill Camp Ground, in the county of Muscogee. Sec. XXYI. And be it further enacted, That said Trus-powers and tees, and their successors, shall have full power to makepnvileses' such by-laws, rules and regulations, for the government of said Camp Ground, as they, or1 a majority of them, may deem necessary ; Provided, They he not repugnant to the Constitution and Laws of this State. Sec. XXYII. And be it further enacted, That the said Finingvacan. Trustees, and their successors, or a majority of them, shall cies> a' have full power and authority to fill any vacancy which may occur in their body, by death, resignation or other- wise. Sec. XXYIII. And be it further enacted, That Joel Baptist ch'ch Dean, Walter R. Webster, J. W. Camfield, C. T. Shields, and Enoch Benton, and their successors in office, be andporated> they are hereby declared to be, a body corporate by the name and style of the Trustees of the Baptist Church of Christ, at Cedar Creek,'in the county of Floyd. Sec. XXIX. And be it further enacted, That the said Powers and Trustees, and their successors in office, shall be vested with privilegeB» all such property, both real and personal, as has, shall, or may be bestowed on such Church, by gift, grant, purchase, or otherwise, for-the use and benefit of said Church. Sec. XXX. And be it further enacted, That whenever Pi]lii?g ofva any vacancy may occur in said corporation, by death, re- caml.0 va* signation, or otherwise, such vacancy shall be filled by a vote of a majority of the members of said Church, on any regular conference day. Sec. XXXI. And be it further enacted, That said cor- poration shall have power to make all by laws, and rules By-Law^ regulations for the government of the affairs of said Church, as they may think proper and necessary ; Provided, Such by-laws, rules, and regulations, contain nothing repugnant to the Laws and Constitution of this State. Sec. XXXII. And be it further enacted, That the Said 376 CIIURCIIES, &c.—1851-'2. Trustees of Ebeneezer Church and Camp Ground—Union Baptist Church. General cor- Trustees shall hold their office until the first Saturday in poratepow- jaimary^ eighteen hundred and fifty-three, or until their successors are appointed, and that said Trustees and their successors in office shall he capable of sueing and being sued, pleading and being impleaded, and use all other le- gal and proper means for the recovery of, and defending any property which they may have, hold, claim, and en- joy, for the use and benefit of said Church. Sec. XXXIII. And be it further enacted, That Joseph Ebenezer°f M00n5 Thomas Ligon,. Hiram H. Hussey, John B. Chat- churci^nd^d field, and Allen J. Jones, ahall be and they are hereby incorporated, declared to be a body corporate, by the name and style of the Trustees of Ebenezer Church, and Camp Ground, and that they and their successors in office shall be invested with all manner of property which now belongs, or which they may hereafter acquire, or be possessed of, by gift, grant, or purchase, made, or transferred to them, the said Trustees and their successors in office, to have and to hold the same, for the proper use, benefit and behoof of the said Ebenezer Church and Camp Ground, and that the said Trustees, and their successors in office, are hereby declared to be capable of sueing and being sued, and. of using all necessary steps for recovering and defending any property whatever, which the said Trustees may hold or claim for the use of said Church and Camp Ground. Sec. XXXIY. And be it further enacted, That the said By-Laws. Trustees, or a majority of them, shall have power to make all by-laws necessary for the government of the temporal affairs of said Church and Camp Ground, not repugnant to the Constitution of this State. Sec. XXXY. And be it further enacted, That the said Filling of va-Trustees, or a majority of them shall have full power and canoies' authority to fill all vacancies, which may occur in their board, by death, resignation, or otherwise, in such manner as they may point out in the by laws of said Trustees. Sec. XXXYI. And be it further enacted, That Jesse StchnreFi" M. Skinner, "WilliamTI. Thomas, aud Edmund Castleberry, incorporated. p>e an(p are hereby appointed Trustees of the Union Baptist Church of Christ, of the county of Lumpkin. Sec. XXXYII. And be it further enacted, That said over Trustees and their successors in office, shall be entrusted £hMchfof with all manner of property, both real and personal, all donations, gifts, and privileges, and immunites whatsoever, which may now belong to said Church, or which may be hereafter conveyed, or transferred to them, or their succes- sors in office, to have, and to hold the same, for the pro- per use and benefit of said Church. CHURCHES, &c.—1851-'2. 377 Trustees of Baptist Church in Lexington—Euliarlee Church. Sec. XXXYIII. And be it further enacted, That said Trustees, and their successors, may have and hold a com-SeaI- mon seal, and pass all necessary by-laws for the govern- ment ot said Church; Provided, Such by-laws be not re- By.Law3. pugnant to the Constitution of this State, and the United States. Sec. XXXIX. Be it further enacted by the authority Trne.teesof of the same, That Ezekiel M. Gil ham, Leander M. John- gj;py^in son, George H. Lester, Thomas R. Andrews, and John ^ex^ston in- Baugh, 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 Baptist Church, in the town of Lexington, Oglethorpe county, with power to hold any property, either real or personal, or mixed, which may now belong to, or be hereafter acquired by said Church, wheth- er by purchase, gift, bequest,' or otherwise, for the use and benefit of said Church, and they, and their successors in office, are hereby declared to be capable of sueing and be- ing sued, and making all by-laws that may be necessary for the government of said corporation, not inconsistent with the usages of said Church, or the Constitution and Laws of this State, or of the United States, and of using all legal means for defending, or recovering any property, whatever, which the said Trustees or their successors, may hold or claim, now or hereafter. Sec. XL. And be it further enacted, That any vacancy Fining ofva. or'vacancies, which may occur in the said board of Trus-canoies* tees, by death, removal, resignation, or otherwise, may be ' filled by the vote of a majority of the male members prei- ent, of said Church, at any regular meeting, or at any called meeting, for that purpose. Sec. XLI. And be it further enacted, That E. B. Pres~Eiiharlce ley, A. H. Spencer, A. Yarbry, Yinson Reynolds, and church meor. Allen Dykes, and their successors in office," be and they are hereby declared a body corporate, under the name and style of the Trustees of Euharlee Church, and as such may sue and be sued, may plead and be impleaded, receive and hold property conveyed to them, or transfer, and sell the same. Sec. XLII. And be it further enacted, That said Trus- Fining of va- tees and their successors, shall have power to fill all vacan-oancles' cies which may occur in their body, make rules, and pass all by-laws necessary for their government Provided, They be not repugnant to the Constitution and Laws of this State. Sec. XLIII. Be it further enacted, That Harry Camp, 378 CHURCHES, &c.—1851-'2. Trustees of Dried Indian Mountain Academy. Reuben "Woodruff, Benjamin Smith, John II. Austin, and i>iedeindL Co wen, and their successors in office, be and they are Academy m fiereby declared to be a body politic and corporate, by the corporated.111" name and style of the Trustees of Dried Indian Mountain Academy, and as such shall be capable and liable to sue and be sued, plead and be impleaded, in the several Courts of Law and Equity in this State, and shall be authorized to make such by-laws and regulations, and appoint such officers, as may be necessary for the government of said Academy ; Provided, Such by-laws are not repugnant to the Constitution and Laws of this State; they may have and use a common seal, and have authority to remove from office, any officer by them appointed. Sec. XLIY. And be it further enacted, That said Trus- Gifts b tees capable of accepting, and being invested with que&.&c. all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities, whatsoever, which may belong to said Institution, or may hereafter be con- veyed or transferred to them, and their successors in office, to have and to hold the same, for the proper benefit and behoof of said Academy. Sec. XLY. And be it further enacted, That in case any Fiiiinsofva-vacancy shall happen by death, resignation, or otherwise, cancies. 0£ any one or more 0f said Trustees, of said Academy, the survivors or a majority of them, shall fill the same, in such manner as may be pointed out by the by-laws and regula- tions of said Trustees. Sec. XLYI. And be it further enacted, That when said By-Laws. Trustees shall have enacted any by-laws and regulations, they shall cause a copy thereof to be written in plain legi- ble hand, and put in a conspicuous part of the Academy building, and in case the Teachers, or a majority of the patrons and contributors to said Academy, shall, within thirty days after such publication, make out in writing, an objection to any part thereof, and giving the reason for his or their objections, the objectionable part shall be recon- sidered, and if it be passed again, by four-fifths of said Trustees, it shall be of force; Provided, It be in conformity with the conditions of the first section of this Act, other- wise, the said objectionable parts to be null and void. Sec. XLYII. And be it further enacted, That the Trus- roo?schooi ^ees Dried Indian Mountain Academy, shall be entitled Fund, 00 to an equal share of all moneys which may be appropri- ated to the Academies of Xewton county, and His Excel- lency, the Governor, shall be authorized to cause to be paid to said Trustees, or their successors in office, said equal CHURCHES, &o.—1851-'-2. 319 Bascom Academy. sliare of any money appropriated to said county, by the laws of this State, appropriating money for the purpose of Academies. Sec. XLYIII. And be it further enacted, That the^^ Academy in Scriven county, now known by the name of y the Scriven County Academy, shall be known and called mcorporated" hereafter, by the name of the Bascom Academy, and that Elijah Roberts, Green B. Sharpe, John R. Kittles, Benja- min Prescott, William L. Mathews, Richard M. Herring- ton, and James B. Dell, and their successors in office, be ancl they are hereby declared to be a body politic and cor- porate, by the name and style of the Trustees of Bascom Academy, and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Academy; Provi- ded, Such by-laws are not repugnant to the Constitution or Laws of this State, and the United States ; and for that purpose, may have, and use a common seal, and appoint such officers as they may think proper, and to remove the same from office. , Sec. LXIX. And be it further enacted, That the said Trustees shall be capable of accepting and being invested pJoperty,d with all manner of property, real and personal, all dona- tions, gifts, grants, privileges and immunities, whatsoever, which may belong to the said Institution, or which may hereafter be conveyed or transferred to them and their sue- cessors in office, to have and to hold the same for the proper benefit, and behoof of said Academy. Sec. L. And be it further enacted, That the aforesaid naiiied Trustees, shall hold their office until the first Mon- Truste°es.of clay in Xovember, eighteen hundred and fifty-two, and on the first Monday in Xovember, eighteen hundred and fifty- two, and each and every year thereafter, an election shall be held for' electing Trustees; Provided, nevertheless, no person shall be entitled to vote for Trustees, but those that are Stockholders, or such as may give donations to said Institution. Sec. LI. And be it further enacted, That no Stock- saie of stock, holder shall be privileged to sell or dispose of his share or shares, or interest in said Academy, for any other use than that contemplated "in this Act._ Sec. LII. And be it further enacted, That it shall be Treasurer, the duty of the Trustees aforesaid, annually, to appoint a Treasurer, who shall give a bond with approved security,Bond in double the amount of funds on hand, and that the 380 CHURCHES, &c.—1851—'2. Ferries—Churches—Academies. Trustees shall also appoint a Secretary, annually, who shall keep a well bound book, in which the names of all Secretary Stockholders shall be entered, with the number of ecie an. gpareg eacp paSj anc[ the amount; also the names of all persons who may make donations to said Institution, and amount given, and that said record, whenever introduced in any court of justice in this State, shall be good evidence of the amount, of stock or interest in the aforesaid Insti- tution, any law to the contrary notwithstanding. Sec. Llll. And be it further enacted, That James M. Bennington, of. the county of Decatur, be and he is here- Bennington's by authorized to establish a Ferry, on Flint river, in the H®e7a°l\holnt county of Decatur, on his own land, and that he be al- ized- lowed to charge the rates of toll, for crossing at the same, that may be established by the Inferior Court of said county. Sec. LIV. And be it further enacted, That the Act to incorporate the Baptist and Presbyterian Churches, in the town of "Washington, Wilkes county, passed December Baptistof nineteenth, eighteen hundred and twenty-seven, so far as Washington relates to the Baptist Churcb in said town, be and the same revived- js pereby revived and made of full force, and that Meril P. Calloway, Thomas W. Calloway, Nicholas Wiley, Fran- cis Colley, and Fielding Ficklin, be and they are hereby appointed Trustees, in the place of those named in the said Act, under the same name and style of the Trustees, of the Baptist Church, at Washington, and with all the powers and privileges thereby conferred. Sec. LY. And be it further enacted, That Ilezekiah Evans, Willis Young, Jacob Freeman, Wilson C. Cooper, and John Paris Hm Cameron, be and they ate hereby created and incorporated Operated.5""as Trustees of Paris Hill Academy, of Scriven county, and they are hereby empowered with all the privileges in the said Act, in the foregoing section, any law, usage, or custom to the contrary notwithstanding ; the said I3oard of Trus- tees are hereby authorized, or a majority of them, to fill all vacancies that may occur. Sec. LYI. And be it further enacted, That Harmony Lodge,'Number , of Free and Accepted Masons, at Lodge incor- McLendon's Store, Henry county, be and the same is porated. perepy made a body corporate under the name and style aforesaid, and that the Worshipful Master, the Senior and Junior Wardens, and their successors in office, are declared a body corporate, under the name and style aforesaid, and capable in law of sueing and being sued, purchasing property, and selling the same, and doing all other things CHURCHES, &c.—1851—'2. 381 Lodges—Churches, &c. which bodies corporate may in law do, connected with the objects of their association. Sec. LYII. Be it enacted by the authority aforesaid, That Caledonia Lodge, Number One Hundred and Twen- ty-One, of Free and Accepted Masons, located at Cedar poLted.ncor"* Town, Polk ccunty, be and the same is hereby made a body corporate, under the name and style aforesaid, and that the Worshipful Master, William A. Love, the Senior Warden, William F. Darden, the Junior War- den, Benjamin F. Biglow, and their successors in office, be and the same are hereby declared a body corpo- rate, under the name and style aforesaid, and capable in law of sueing and being sued, purchasing and owning both real and personal estate, and doing all other things which bodies corporate may in law do. Sec. LYIII. And be it further enacted, That the Wor- shipful Master, Senior and Junior Wardens, of George-Georgetown town Lodge, of Free and Accepted Masons, Number Six- pomld1."001' ty-Two, and the same officers of Washington Lodge, Num- ^ ber Forty-Six, of Free and Accepted Masons, at Pond Lodge1!1££• Town, be and the same are hereby created bodies corpor-poiated* ate under the names and styles aforesaid, respectively with power on the part of each corporation/to sue and be sued, purchase and hold, and sell property, and do all other things which relate to the objects of their association. Sec. LIX. And be it further enacted, That Samuel P. Corbin, James T. May, Jesse D. Beall, John S. Brooks, demy°incor and the same is hereby constituted a body corporate and politic, under the name and style aforesaid, and that Ro- bert J. Kennedy, Worshipful Master, Dicker son II. Walker, Senior Warden, and William W. Howell, Junior Warden, the officers of said Lodge, and their successors in office, are hereby invested with all the powers and privileges granted in the first section of this Act. (Ho. 211.) An Act to incorporate Carrollton Chapter, Number Twenty. Two, Carrollton, Carroll county, Georgia. Approved, Janua- ry 22, 1852. Section I. Be it\ enacted by the Senate and House of R epresen ta tires qf' the State of Georgia in General Assembly met, and iris hereby enacted by the authority of the same, That the Carrollton Chapter, Humber Twenty- Two, of Eree and Accepted Masons, at Carrollton, Georgia, corporate^ be and the same is hereby made a body corporate, by the name and style aforesaid. Sec. II. And be itlfurther enacted by the authority aforesaid, That William E. Curtis, High Priest, JohnT. Meador, King, and Joseph C. Benson, Scribe, the officers Powers and of said Chapter, be and I they and their successors in officepnvileges- are hereby declared capable in 'law of sueing and being sued, purchasing property, and selling the same, and do- ing all other things which bodies corporate may in law do, connected with the object of their association. Sec. III. And be it farther enacted by the authority aforesaid, That all laws and parts of laws militating against §uSse!ins this Act, be and the same are hereby repealed. 384 ciiurciies, &o.—issi-'a. Lodges—Chapters, &c. (Ho. 245.) An Act to incorporate Atlanta Lodge, Number Fifty-Nine ; Perry Chapter, Number Eighteen, in the tpwn of Perry, Houston county ; and Houston Lodge, Number Thirty-Five ; and Thurmond Lodge, Number One Hundred and Seven; and Lincoln Lodge, Number Seventy-Eight; and ^homaston Chap- ter, Number Twenty-Nine ; and Morning Star Lodge, Num. ber Twenty-Seven, of Free and Accepted Masons; and Greens- boro' Division, Number Sixty-Seven, Sons of Temperance ; and Ringgold Lodge, Number —, of Free and Accepted Ma- sons. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assem- bly met, and it is hereby enacted hy the authority of Atlanta same, That the present Master, Senior Warden, and porated.'ncor* Junior Warden, of Atlanta Lodge, of Free and Accepted Masons, and their successors in office, are hereby made a body corporate and politic, under the name and style of the Atlanta Lodge, Number Fifty-Nine. Sec. II. Be it further enacted by the authority aforesaid, Perry chapter That P. B. D. IT. Culler, High Priest, j§. D. Killen, King, ^Houston and J. E. Duncan, Scribe, and their successors in office, porated. "be and the same are hereby made a body politic and cor- porate, under the name and style of Perry Chapter, Num- ber Eighteen, in the town of Perry, Houston county ; and that S. D. Killen, Worshipful Master, John Jones, Senior Warden, and John M. Giles, Junior Warden, of Houston Lodge, and their successors in office,!be constituted a body corporate and politic, under the name and style of Hous- ton Lodge, Number Thirty-Five ; and that John F. Childs, Worshipful Master, Thomas A. Garden, Senior Warden, and James L. Standifer, Junior Warden, of Thurmond Thurmond anc[ their successors in offic6, be constituted a body politic and corporate, under the name and style of Thur- mond Lodge, Number One Hiffidred and Seven; and Henry J. Long, Worshipful Master, Mosely Haws, Senior Lincoln Warden, and Austin J. Davis, Junior Warden, of Lincoln Lodge, and their successors in office, be and are hereby de- clared a body politic and corporate, under the name and style of Lincoln Lodge, Number Seventy-Eight; and that George L. F. Birdsong, High Priest, John C. Drake, King, and William Crawford, Scribe, and their successors in office, be and they are hereby declared a body corporate Chapter. and politic, -under the name and style of Thomaston Chap- ter, Number Twenty-Nine; and that John C. Drake, Wor- CHURCHES, &c.—lS5l-'2. 385 Morning Star Lodge—Greensboro' Division—Ringgold Lodge. shipful Master, George W. Davis, Senior "Warden, and Samuel T. Dickinson, Junior Warden, of Morning Star Lo°d™Seandar Lodge, Number Twenty-Seven, be and they are hereby de- gSK. clared to be a body politic and corporate,, under the name corporate, and style of Morning Star Lodge, Number Twenty-Seven, and that John. E. Walker, Worthy Patriarch, John F. Zim- merman, Worthy Associate, and Isaac R. Hall, Recording Scribe, officers of the Greensboro'' Division, Number Sixty-Seven, Sons of Temperance, and their successors in office, be and they are hereby declared to be a body politic and corporate, under the name and style of Greensboro' Division, Number Sixty-Seven, Sons of Temperance, in Greensboro', Georgia. Sec. III. And be it further enacted by the authority aforesaid, That each of said corporations shall have full JSwSjlS!4 power and authority, in their respective corporate names, to hold and enjoy real and personal estate, by gift, demise, or purchase, and to sell and dispose of the same, to sue and be sued, implead and be impleaded, answer and be an- swered, in any Court of Law and Equity having jurisdic- tion thereof; and by the said corporate names have per- petual succession of officers and members, and a common seal for each to have and use, make such by-laws as may be deemed proper by the respective members of each of said named corporations ; Provided, Such by-laws be not repugnant to the Constitution of this State or of the United States, any law, usage, or custom to the contrary notwith- standing. Sec. IV. And be it further ^enacted by the authority aforesaid, That John Edmondston, Worshipful Master, Lodllfncor- Wiley Patrick, Senior Warden, and John M. Weldon,porated- Junior Warden, of Ringgold Lodge, Number , in the county of Spalding, and their successors in office, be and they are hereby constituted a body corporate and politic, under the name and style of Ringgold Lodge, Number , of Free and Accepted Masons. 25 386 CITIES AND TOWNS—185 i-'2. City of Atlanta. CITIES No. 246. City of Atlanta—Marshal. " 247. Atlanta & Rome—Extra Tax. " 248. Columbus—Loan to Railroad. " 249. Dalton—Act repealed. " 250. Macon—Charter amended. " 251. Marietta—City of '• 252. Milledgeville—Extra Tax. 1 " 253. Oglethorpe—City of " 254. Rome—Charter amended. " 255. Savannah—Charter amended. " 256. Alexander—town of " 257. Americus. " 258. Antioch—Augusta. " 259. Bainbridge—Cassville. TOWNS.* E Y. No. 260. Calhoun, incorporated. " 261. Cave Spring, incorporated. 262. Covington—additional grant. 263. DeSoto, incorporated. 264. Eat'onton—Charter amended. " 265. Euharleyville. " 266. Greenville, incorporated. " 267. Jefferson, Brunswick, &c. " 268. LaGrange—Charter amended. " 269. Monticeilo—Forsyth. " 270. Newnan, incorporated. " 271. Oxford—extended. " 272. Sparta—" Augusta Orphan Asylum." (No. 246.) An Act to give the election of Marshal and Deputy Marshal of the city of Atlanta to the people; to authorize their removal from office in certain cases therein named, and in those cases to make them ineligible to re-election. Approved, January 20, 1852. Be it enacted by the Senate and House of JR.ejpresent.a- tires of the State of Georgia, in General Assembly met, and *it is hereby enacted by the authority of the same, That Marsha? and from and after the passage of this Act, that the Marshal shat in Atlan- and one Deputy Marshal, for the city of Atlanta, shall be la" elected "by the people of said city at the same time, and in the same manner as the Mayor and members of the Coun- cil of said city are elected ; and the said Marshal and Depu- Removal, ty Marshal shall be-liable to be removed from office by the Mayor and Council, for palpable neglect of duty, or for malpractice in office, the same to be adjudged of by the Mayor and Council; and when so removed, the Mayor and Council shall appoint an election to fill such vacancy as may be occasioned by such removal, and the party re- moved shall not at that election be eligible to re-election. * For Acts incorporating Starksville, Cutlibert, LaFayette—See Title VIH, County Sites and Court-houses, Acts Numbers 297, 298, 299. CITIES AND TOWNS—1851-'2. 387 Atlanta, Rome and Columbus. (No. 217.) An Act to authorize the Mayor and Councilmen of the city of Atlanta, and the Mayor and Councilmen of the city of Rome, to levy and collect a tax within the corporate limits of the said cities. Approved, January 22, 1852. Section I. Be it enacted by the Seriate and House of Representatives of the State of Georgia in General As- sembly met, and it. is hereby enacted by the authority of the same, That from and alter the passage of this Act, the Mayor and members of Council of the city of Atlanta, and ofAOantl011 the Mayor and members of Council of the city of Eome, may levy an shall have full power and authority to levy a tax of not ex-exlra tax' ceeding one-half of one per cent, upon the value of all the property within the corporate limits of said cities respec- tively, of whatever kind, which is or may be subject to taxation, by the laws of this State. And a further tax, not exceeding the State tax, on all persons and professions within the corporate limits of the same, which taxes shall be collected according to the provisions of the law incorpo- rating the said cities of Atlanta and Eome. Sec. II. And be it further enacted, That all laws and Repealing parts of laws militating against this Act, be and the sameulunse- are hereby repealed. (No. 218.) An Act to authorize the City Council of Columbus to loan the Bonds of said Corporation, amounting in the aggregate to the sum of Seventy-Five Thousand Dollars, to the Muscogee Railroad Company.* Approved, January 22, 1852. Whereas, The City Council of Columbus have, by reso- lution, proposed to loan the bonds of said city to the Mus- coo-ee Eailroad Company, amounting to Seventy-Five Thousand Dollars; And, whereas, doubts are entertained of the power and authority of said City Council, under ex- istin0, laws, to make the loan aforesaid—■ jfe it therefore enacted by the Senate and House of Rep- resentatives of the State of Georgia in General Assembly * See also Act, No. 267. 388 CITIES AMD TOAVMS—1S51-2. City of Dalton—City of Macon. met, and it is hereby enacted by the authority of the same, bondTma be ^at ^ie Council of Columbus be, and is hereby au- joanedT£y e thomed and empowered, to loan to the Muscogee Raiiroad Railroad8Co. Company the bonds of said City Council, for the aggre- gate amount of Seventy-Five Thousand Dollars, in such several amounts, and for such lengths of time, and for such rates of interest, not exceeding seven per cent., as may be, or, may have been agreed upon' by the City Council and Railroad Company aforesaid ; any law to the contrary not- withstanding. (Mo. 249.) An Act to repeal an Act entitled an Act to amend an Act incor- porating the city of Dalton, in Murray county ; approved 29th December, 1847. Approved, January 15, 1852. Section I. 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 Act or 1847 the same, That the said Act, approved 29th December, repealed, eighteen hundred and forty-seven, be and the same is hereby repealed. (Mo. 250.) An Act to amend " an Act, passed the 23d day of December, 1826, granting to the corporate authority of the town of Macon, a .certain tract of land, adjoining said town, for the purpose of preserving the health of said town," so far as to declare the po- lice regulations of the city of Macon of force over said land, and to alter and amend the second, sixth, twenty-first, twenty- second, twenty-third, and thirty-fourth sections of an Act en- titled " an Act, to alter and amend the several Acts incorpor- ating the city of Macon, approved, December 27, 1847, so far as to change the time of. holding the city elections in Macon, and to amend the Act passed the 23d day of February, 1850, relating to the election of Marshal and Deputies for said city. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- CITIES AND TOWNS.—1851~'2. 389 City of Macon. sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the police regulations of the city of Macon, shall extend, and be o^reSire. of force over the entire tract of land, lying immediately below, and adjoining said city, known as the Reserve, set apart by the Act of the twenty-third day of December, eighteen hundred and twenty-six. Sec. II. And be it further enacted by the authority afore- said, That after the election to be held on the first Satur-Annual ^eiec. day in January, eighteen hundred and fifty-two, for a£ndlatur.^ Mayor and eight Aklermen, of the city of Macon, the next ber.m ecem" election for said officers, and also for Clerk and Treasurer, of said city, shall be held on the second Saturday in De- cember, eighteen hundred and fifty-two, and anually there- after, on the second Saturday in December, of each year. Sec. III. And be it further enacted by the authority aforesaid, That the Marshal and Deputies of the city of Authonty of Macon, shall after their election and qualification, be un- ^hai and der the exclusive control of the'Mayor and Council, andDeputies- may be dismissed from office at any time, for malprac- tice in office, or neglect of duty, by the vote of a majority of the members present, at any regular meeting of Coun- cil, and not to be re-eligible, during the time for which they may have been elected. Sec. lY. And be it further enacted by the authority aforesaid, That the election of said Marshal and Deputies, K^und shall be held at the same time of holding the city election,Deputles- and the Mayor and Council may appoint a different set of managers, to superintend said election, to be held under the same regulations as for Mayor and Council. Sec. Y. And be it further enacted by the authority aforesaid, That in the event of a vacancy in the office of JS*of va" Marshal and Deputies^ by removal, death or otherwise, the Mayor or Council may order another election upon giving ten days' public notice. Sec. Yl. And be it further enacted, That the Mayor and Council of the city of Macon, and their successors" in f0uMacon cL office, shall have the power to subscribe for Stock in thenalCompany' Macon Canal Company, and to impose a tax upon the real estate of said city, to pay for the same ; Provided, The consent of a majority of the owners of said real estate, shall have been first obtained, in such manner as the May- or and Council may prescribe. Sec. YII. And'be it further enacted, That should the Board of Health of said city, neglect or decline to attend to counei?fas the duties imposed upon them, the Mayor and Council Heaith?f shall act as said Board of Health, and have the power to 390 CITIES AND TOWN—1851~'2.« City of Marietta. remove all nuisances that may be prejudicial to the health of said city, as is now provided by law.' Sec. VIII. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws, militating against eiaiiee. pe anq qie same are hereby repealed. (No. 251.) An Act to incorporate the town of Marietta, in the county of Cobb, and also to enlarge the boundary of said town, and in- corporate the same, under the name of the City of Marietta, and to provide for the election of a Mayor and City Council- men, and such other officers as may be required, and confer upon them specified powers, and for other purposes therein mentioned. Approved, January 22, 1852. Section- I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General rated Assembly met, and it is hereby enacted by the authority of ifcitPy°oafe the same, That' from and after the passage of this Act, Marietta. town of Marietta shall be known and called the city of Marietta ; tliat the corporate limits of said city be, and the Limits ex- same are hereby extended, three quarters of a mile in every tended. direction from the Court House, in the Public Square; Pro- videcl, always that no field or woodland, within said limits, and hot heretofore embraced within the same, shall be Taxation, corporation tax or corporation laws, until the same shall be laid off into town lots, and built upon ; And, provided, also, That nothing in this Act shall be so construed as to subject any property, included, as aforesaid, and not heretofore embraced, to a higher state or county tax, than it would have been subject to had this Act never been passed. And be it further enacted, That the corporation tax to Upon what imposed upon such buildings and improvements, as value assess. jiave j)een made, or ma}7- hereafter be made, upon any ground embraced in said extended limits, not heretofore embraced in said corporation, shall not be assessed upon a larger sum than the value of said improvements, and two acres of land contiguous thereto. Election of Sec II. And be it further enacted by the authority aforesaid city Council. That within twenty days after the passage of this Act, and by giving ten days' notice, and on the second Monday in CITIES AND TOWNS—1851-'52. 391 City of Marietta. every January thereafter, all free white persons, citizens residing within the incorporation of said city, who shall be entitled to vote for members of the Legislature of paid State, shall be entitled to vote for Mayor and six members of the City Council; and that any person or persons, legally entitled to vote at said election, shall be eligible, either for Mayor or members of the City Council, at which election, one Justice of the Inferior Court, or of the Peace, shall preside, together with two free-holders, neither of whom being a candidate ; and the persons receiving the highest number ol votes, shall be declared duly elected ; that the managers of said election, shall give certificates to that ef- certificate of feet, which shall be evidence of their election, and author-eleotloa" ity to act, and be recorded by the Clerk of the City Coun- cil, in a book to be kept for that purpose, which record shall be held and esteemed as the highest evidence of such election. Sec. III. And be it further enacted by the authority QuaIificatioa aforesaid, That no person shall be entitled to vote at saidotuvote«.loa election, except he be duly qualified to vote for members of the Legislature, as aforesaid, and shall be citizens resi- ding within the corporate limits of said city ; any person voting at such election, contrary to the provisions of this un|al T his services such sum per annum, as may be fixed by the 0fcouncil. City Council; and that each member of the City Council shall receive a salary of Twenty Dollars a year, and all the salaries to be paid to the officers of said incorporation, to- gether with all expenditures made for the use of the city, shall be paid out of the city funds, in the hands of the Treasurer. City Treasurer, who shall keep a book, in which he shallbook- make an entry of all sums of money' received, and who from, and upon what account it was received ; and shall also make an entry of all sums of money paid out, and for what purpose, and shall take receipts for all sums of mo- 396 CITIES AND TOWNS—1851-'2. City of Marietta. ney paid out, which hooks and receipts shall he subject to the inspection of the Mayor and members of Council of said city, at any time which he or they may think proper ; and all sums of money paid into the hands of the City Treasurer by this Act, shall, and it is hereby directed to be a fund tor the exclusive use of said city. Sec. XVIII. And be it further enacted by the authority aforesaid, That the said Mayor and City Council shall Retail license, have power to license persons to retail, and sell by retail, spirituous liquors within said city ; and that no person or persons shall sell by retail any spirituous liquors within Sale without. tihe said incorporation, without first obtaining such license, for which he or they shall pay a sum not less than Fifty Penalty. D0narS) which tax shall be paid into the City Treasury, and appropriated to the use of the said city of Marietta. Sec. XIX. And be it further enacted by the authority aforesaid, That the Mayor and members of Council of the iTard Tables, city of Marietta, shall have full power and authority to levy a tax in additionto the taxes levied by the provisions of the thirteenth section of this Act, on all billiard tables kept or used for the purpose of playing on, gaming or rent- ing, and on all ten pin allies, nine pin allies, or allies of Ten Pin Ai. any kind, which are kept or used for the purpose of play- icys. ing on with pins and balls, or either, or for the purpose of renting the same, which tax or taxes shall be collected ac- cording to the provisions of the thirteenth and fourteenth sections of this Act; and the said Mayor and City Coun- cil shall have power and authority to levy and collect a tax on Shows, of not exceeding Fifty Dollars, for each exhibition from all itinerant show masters, who may exhibit within said city, any shows, circus, riding, tumbling, slight of hand, tricks of legerdemain, or any other kind whatsoever, coming un- der this description. Sec. XX. And be it further enacted by the authority License to aforesaid, That said Mayor and City Council shall have vendue mus. p0vrer anq authority to license a vendue master, or vendue masters for said city. Such vendue master or masters first paying to the Mayor and City Council in the manner prescribed by the laws of this State regulating vendues, a sum not exceeding Fifty Dollars each for said license, and penalty for hond and security to the Mayor and City Council. J|ingyw?th- And if any person or persons shall sell any goods, wares, ou' merchandize, or any other property whatsoever, as a ven- due master, or at auction, or at public outcry, within said city, without having first obtained a license from the Mayor and City Council, he or they shall forfeit and pay for every such saie, a sum not exceeding Five Hundred Dollars, to CITIES AND TOWNS—1851-2. 397 City of Marietta—City of Milledgeville. be recovered in any court of competent jurisdiction, and to be applied one-half to the use of said city, and the other half to the person giving information, and sueing for the same; Provided, always, That nothing in this section shall be construed to extend to any sales made by lawful officers, under executions issuing from the proper author!- ty, or to sales made by or under the authority of executors, administrators, or guardians, or to prohibit resident citi- zens of said city from vending at auction their own proper- ty therein. Sec. XXI. And be it further enacted, That nothing in No tu on this Act shall be so construed as to authorize the authori-wesSn^nd ties of the said city to assess or require a tax upon any por- road"lc tion of the property belonging to the Western and Atlan- tic Railroad, which is or may be within the limits of said city. Sec. XXII. And be it further enacted by the authority Repealina. . aforesaid, That all l^ws or parts of laws militating againstclause- the provisions of this Act, be and the same are hereby re- pealed. (No. 252.) An Act amendatory of so much of ,an Act passed by theLegis- lature of 1849, as authorizes the City Council of Milledge- ville to levy and raise a tax on the assessed value of the real property owned or leased for the term of years, within the cor- porate limits of said city, so as to extend the time within which to raise an amount to pay the subscription for Stock in the Milledgeville and Gordon Railroad.* Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Eepreentatives of the State of Georgia in General Assem- bly met, and it is hereby enacted by the authority of the Extrataxto same, That the Mayor and Aldermen of the City of Mil-^ toS" ledgeville, be and they are hereby empowered to levyroad- and raise, by tax, as authorized by the Act of the Legisla- ture referred to in the title of this Act, so much money as may be necessary to complete the payment of the sub- scription of the city to the Milledgeville and Gordon Rail- Proviso, road, within seven years from this enactment; Provided, That nothing herein contained shall be so construed as to * See, also, Act No. 267. 398 CITIES AND TOWNS—1851-'2. City of Oglethorpe. authorize a larger per centum per annum to be collected and raised, than is provided for in the orignal Act, of which this is amendatory, or a greater amount of money than will be sufficient to pay the principal and interest which may be due or become due the city subscription as aforesaid. (No. 253.) An Act to incorporate the City of Oglethorpe, and to alter and amend an Act to incorporate the town of Oglethorpe, in the county of Macon. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- semhly met, and it is hereby enacted by the authority Corporate °f ^l6 sc^nei That the corporate limits of the City of Ogle- limitsdefined->thorpe, in the county of Macon, shall extend from the De- pot of the South-Western Railroad, within the present cor- porate limits, one mile in every direction. Sec. II. And be it further enacted by the authority Mayor and aforesaid, That the Municipal Government of the City of wrJorS,in" Oglethorpe, shall consist of a Mayor, and six Aldermen, who are hereby constituted a body corporate, under the name and style of the Mayor and City Council of Ogle- thorpe, and by that name and style shall have perpetual Powers and succession—shall have a common seal, and be capable in privileges, ]aw aacj equity, to purchase, have, hold, receive, enjoy, possess, and retain, to them and their successors, for the use of the City .of Oglethorpe, any estate or estates, real or personal, of whatsoever kind or nature, within the ju- risdictional limits of the City of Oglethorpe, and shall, by the said name, be capable of sueing and being sued, in any Court of Law or Equity in this State, and shall sue- ceed to all the rights and liabilities of the present corpora- tion of the town of Oglethorpe. Sec. III. Be it further enacted by the authority afore- Election of sa^j That an election shall be held in the Council Cham- council, her jn the City ot Oglethorpe, on the third Saturday in February, eighteen hundred and fifty-two, and on the first Saturday in January in each year thereafter, for a Mayor and six Aldermen, to serve for one year and until CITIES AND TOWNS—1851-2. 399 City of Oglethorpe. their successors are elected arid qualified, and the polls of which election shall he opened at nine o'clock A. M., and close at four o'clock, P. M. Sec. IV. And be it further enacted by the authority Qualification aforesaid, That all male white citizens, qualified to voteot"votere' for members of the Legislature, and who shall have paid all taxes legally imposed and demanded by the authority of the city, and shall have resided ten days within the ju- risdictional limits of said city, and no other person shall be qualified to vote at said election for Mayor and Alder- men. Sec. V. Be it further enacted by the authority afore- said, That said election shall be held under the superin: tendence of a Justice of the Peace and two freeholders, Or Superinten- of three freeholders, who shall be appointed by the CitydentSs Council, and each of the said freeholders, before entering upon his duties, shall take an oath before some Justice of the Peace, or other officer duly qualified to administer an oath, that he will faithfully and impartially conduct said election, and prevent all illegal voting to the best of his skill and power; and in case the said managers of said election shall have any doubts as to the qualifications • of any voter, they shall have power to administer the follow-Oathofvotere ing oath : " You do solemnly swear that you have attain- ed the age of twenty-one years, that you are a citizen of the United States, and have resided for the last ten days past within the jurisdiction of the corporation of the city of Oglethorpe, and have paid all taxes legally imposed or demanded of you by the City Council of Oglethorpe, so help you God." And any person who shall take either ofSJ6"™"* said oaths, and shall have sworn falsely, shall be liable to indictment and imprisonment for perjury. Sec. VI. Be it further enacted by the authority afore- said, That the person or persons who shall receive the Tilcis.1'47 highest number of votes at said election for Mayor and Al- dermen, respectively, shall be declared duly elected. Sec. VII. Be it further enacted by the authority afore- vacancy how said, That 'in case any vacancy among the members of e' Council, either by death, resignation, failure to elect, re- moval from office, or removal from the city, the Mayor shall advertise a new election to fill the said vacancy, and in case of the death of the Mayor,' his resignation, removal from office, or his removal from the city, the City Council shall order an election for filling the vacancy, in each case giving ten days' notice in the public gazettes of the city. Sec. VIII. Be it further enacted by the authority afore-organization said, That after the votes for Mayor and Aldermen, at any di.new Uoun" 400 CITIES AND TOWNS—1851-2. City of Oglethorpe. election- shall have been counted by the managers, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed over to the May- or for the time being, and the other shall be retained by the managers, and so soon as the Mayor aforesaid shall be informed of the result of said election, he shall cause the persons elected to be notified of the same. And the per- sons elected as aforesaid, shall attend on the first'Wednes- day thereafter at the Council Chamber, for the purpose of organizing the Council, and the Mayor and each member of the Council shall take and subscribe the following oath, oajhofmem. before a Justice of the Peace, or Justice of the Inferior Court, for the county of Macon : " I, A. B., do solemnly swear, that I will well and truly perform the duties of (Mayor) a member of the Council, as the case may be, of the City Council of Oglethorpe, by adopting such meas- ures as shall, in my judgment, be best calculated to pro- mote the general weifafe of the inhabitants of the City of Oglethorpe, so help me God ; " and shall forthwith enter upon the duties of their offices. Sec. IX. Be it further enacted by the authority aforesaid, Penalty on That in case the Mayor, or any member of Council, while nii^onduct *n 0:®ce5 sfiaH be guilty of any wilful neglect, malpractice, or abuse of the power confided to him, he shall be subject to be indicted before the Superior Court of the county of Macon, and on conviction, shall be fined in a sum not ex- ceeding One Hundred Dollars, and shall, moreover, be re- moved from office, and the said fine shall be paid to the City Treasurer for the use of the City. Sec. X. Be it further enacted by the authority aforesaid, Qualification That no person shall be eligible to the office of Mayor of forxMayor, the City of Oglethorpe, unless he be of the age of twenty- five years, a citizen of the United States, and shall have resided in said city ten days immediately preceding his For Council, election; and no person shall be eligible as a member of ' the City Council, unless he shall have attained the age of twenty-one years, and shall have resided in said city ten days immediately preceding his election, and shall have the other qualifications prescribed in the case of the Mayor. Sec. XI. Be it further enacted by the authority afore- Marshal.and said, That said Mayor and Council of the City of Ogle- other officers, siiap have power, to appoint a Marshal and such of- ficers of the city as they may deem necessary and proper, and shall have power to regulate the time, mode and man- Bonds, oaths, ner of electing said officers, to establish their fees and sal- k0" aries, to take their bonds, to prescribe their duties and CITIES AND TOWNS—1851-'2. 401 City of Oglethorpe. their oaths, and to remove them from office for a breach, neglect or incapacity to discharge the said duties, at their discretion. Sec. XII: And be it further enacted by the authority aforesaid, That the Mayor and the members of the Coun-Cou„cil cil shall be bound to keep the peace, and shall be ex officiooMcio J-p- Justices of the Peace, so as to enable them to issue war- Authority a rants for offences committed within the jurisdiction of the such.10" T a city of Oglethorpe, and shall have full power, on exami- nation, to commit the offender or offenders to jail, or to the guard house in said city, or to bail them, if the offence be bailable, to appear before the Superior Court of the county of Macon. Sec. XIII. Be it further enacted by the authority afore- said, That the said Mayor and Council of the city of Ogle- pow thorpe, or a majority of them, shall have power and au-aSr0 ax thority to levy and collect a poll tax on all free white per- sons within the city of Oglethorpe, between the ages of twenty-one and sixty years ; upon all free persons of co- lor, and also, upon all slaves owned or hired within the city of Oglethorpe; they shall also have power to levy and collect a tax upon all and every species of property, real or personal, within the limits of the city of Ogle- thorpe; upon banking or insurance capital employed in the city, upon bank or insurance agents, and professional men, upon factors, brokers and venders of lottery tickets ; thus to raise such sum or sums of money as may be neces- sary for the support and good government of the city, in all its internal regulations, and for the payment of the debts' thereof; Provided, That the tax levied upon real estate and stock in trade, shall not exceed fifty cents on every one hundred dollars in value. And^ Provided, fur- ther, That all lands used within said corporate limits, ex- clusively for farming purposes, shall be exempt from the payment of city or corporation tax. &ec. XIY. Be it further enacted by the authority afore- said, That the Mayor and Council of the city of Ogle- thorpe shall have power and authority to levy, in addition Street tax* to the other taxes, a tax of not exceeding three dollars up- on each and every white person and slave in the city of Oglethorpe, between the ages of twenty-one and forty-five years, as a street tax, provided that the person so taxed may relieve himself of said tax by working on the streets for six days under the direction and control of the Marshal of the city. Sec. XY. Be it further enacted by the authority afore- said, That the said Mayor and Council of the city of 26 402 CITIES AND TOWNS—lS51-'2. City of Oglethorpe. -Power over Oglethorpe, shall biave full power and authority to remove ftreets, &c. 01, canse to be removed, any building, posts, steps, fence, or other obstruction or nuisance in the public streets, lanes, alleys, side-walks, or public squares in said city. They Markets &c farther have power to establish a market or markets w e ' c' in the city of Oglethorpe, and to pass such ordinances as may be proper and necessary for the regulation of the same. They shall have power to regulate all butcher pens and slaughter houses within the city, and to remove the same if they shall become nuisances or injurious to the Sciences &c ^ea^h of the city. They shall have power to license regu- ciences3 c> ]a£e anq control all taveins and public houses within the ^ s city. They shall have power to license drays, and y3' and regulate the same ; and, further, the said Mayor and Council shall have full power and control over all livery sta- &c?Tc.8tables bles, pumps, tire companies, and engines within the said city. Sec. XYI. Be it further enacted, That the said Mayor and Council of the city of Oglethorpe shall have power, hoSlifc upon proof of the existence and maintainance of any house of ill-fame or bawdy house within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave the city after five days' notice. Sec. XYII. Be it further enacted by the authority afore- said, That the said Mayor and Council of the city of Ogle- Vendues mas' thorpe shall have power to license, and appoint annually, as many auctioneers or vendue masters for the city as they may deem proper, and to receive from each one the sum of fifty dollars, as fixed by law; • and they shall, further, have power to levy a tax upon all goods sold at auction in said city, to be paid by the auctioneer. Sec. XYIII. Be it further enacted by the authority Retail Lieen- af°resaid, That the said Mayor and Council of the city of Oglethorpe shall have the sole and exclusive right of granting licenses to retail liquors in the city of Oglethorpe, and of fixing the rates of such licenses and the terms up- on which they shall issue; of declaring said licenses void when said terms are not complied with; they shall also have power to regulate and control all ten pin alleys with- Ten pin Ai- in the city, and to remove the same when they become eys' nuisances to the neighborhood. Sec. XIX. Be it further enacted, That the said Mayor Tax on shows ancl Council of the city of Oglethorpe shall have power to axon owstaxap theatrical performances, and exhibitions or shows of any kind, within the corporate limits of said city. Sec. XX. Be it further enacted by the authority afore CITIES AND TOWNS—1851-2. 403 City of Oglethorpe. said, That the said Mayor and Council of the city of Ogle thorpe shall have power to pai s all ordinances, rules andfiav^c. regulations, necessary and proper for the good government and subjection of all slaves and free persons ot color with- in the city, and the Marshals and such other persons as the Mayor and Council shall appoint, are hereby vested with the full power and authority of patrols in said city. Sec. XXI. Be it further enacted by the authority afore- said, That the said Mayor and Council of the city of^fofire0"3 Oglethorpe shall have the power to remove any torge or smith shop, where, in their opinion, it shall be necessary to insure safety against fire ; they shall have power to cause any stove, stovepipe or other thing which shall endanger the city as to fire, to "be removed or remedied, as their pru- dence shall dictate. Sec. XXII. Be it further enacted, " That the said Mayor and Council of the city of Oglethorpe shall, during the Health.0^ month of April, in each year, appoint seven fit and proper persons, who shall constitute the Board of Health of said city. It shall be the duty of said Board of Health, four of whom shall constitute a quorum, to meet weekly, or as of- ten as may be necessary, to visit all and every part of the city, and to report to the Council all nuisances • which are likely to endanger tfie health of the city or of any neigh- borhood, and the said Mayor and Council shall have power upon the report of the Board of Health to cause any such nuisances to be abated, and their recommendations carried out in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the premises, as the Council may elect. Sec. XXIII. Be it further enacted by the authority afore- said, That the said Mayor and Council of the city of Ogle- wmpe/own. thorpe upon the recommendation of the Board of Health, In up Guar's shall have power and authority to cause the owners of&c' lots within the said city to drain the same, or to fill the same to the level of the streets or alleys, on which said lot or lots are fronting ; also, to compiel the owner or own- ers of cellars, occasionally holding water, to cause the same to be emptied of the water, or fill up if necssary, and in case the owner of said lot or lots shall fail or refuse, af- ter reasonable notice to him or his agent, to comply with the requirements ot the said Mayor and Council, by filling up said lots or cellars, or by draining the same, it shall be lawful for the said Mayor and Council to employ some per- son to do the same, and for the amount so expended the City Treasurer shall forthwith issue an execution against the owner of said property, to be collected against the 404 CITIES AND TOWNS—1851-'2. City of Oglethorpe. owner of said property, to be collected from said lot or any other property belonging to liim, and a sale under said ex- ecution by the Marshal, shall pass the title to the proper- . ty sold as "complete as a sale under a judgment and exe- cution by the Sheriff. Sec. XXIY. And be it further enacted by the authori- vacancies in ty aforesaid, That the said Mayor and Council of the city Heaith.of °*' Oglethorpe shall have power to fill any vacancies which may occur in the Board of Health, and this Act ma}T be pleaded and shall be a complete defence to any action piea of the brought against said Mayor and Council, or either of them, Act' for any act done by them under its provisions, and of the ordinances passed in pursuance of it. Sec. XXY. Be it further enacted by the authority afore- Estrays &c sa*^' That the said Mayor and Council of the city of Ogle- thorpe shall have power to take up and impound any horses, mules, cattle, or hogs, running at large, within the ' limits of said city, and to pass such ordinances as may be deemed by them necessary for the proper regulation of stock within the city. Seo. XXYI. And be it further enacted by the authori- cu Guard ty a^oresa^5 That the said Mayor and Council of the city lty uar' of Oglethorpe shall have power to establish and regulate a city guard, who shall have the right to take up all disor- derly persons, all persons committing or attempting to commit any crime, and to commit them to t£ie guard house to await their trial the next day ; and the said guard shall also have the power and authority of patrols over slaves and free persons of color. Sec. XXYII. Be-it further enacted by the authority Fine and im a^oresa^5 That the said Mayor and Aldermen of the city prisonment1!11'of Oglethorpe shall have power to impose fines for the vio- lation of any ordinance of the city, passed in accordance with this charter, to the amount of Twenty Dollars, and to imprison offenders in the common jail of the county of Ma- con* (or in the guardhouse of said city) for the space of twenty days ; the said fines after being regularly assessed shall be collected by execution to be issued by the City Treasurer against the estate of the said offender, if any to be found. Sec. XXYIII. And be it further enacted by the authori- opening new ty aforesaid, That no person or b 7y corporate shall at any street, &c. ^me 0penj iay out 0r extend ; j street, alley, lane or open square, contrary to the o 'nal plan of said city, without the consent of three-f ■ • s of the Council at a regular meeting; and any app." ion of this kind, shall CITIES AND TOWNS—1851-2. 405 City of Oglethorpe. be published for one month before the final action of the Council thereon. Sec. XXIX. Be it further enacted by the authority aforesaid, That the said Mayor and Council of the city of rnspectors of Oglethorpe shall have the power to appoint inspectors ofS' That from and immediately after the passage liSdefined. of this Act, the corporate limits, boundary and jurisdiction, of the city of Home, shall be so altered on the South and West of said city, commencing on the bank of the Etowah river, East of said city, at the point where the present cor- poration line strikes said river, thence down said river to the mouth of Silver creek, thence up said creek until it ' strikes the land line dividing lots of land, numbers two hundred and seventy-seven and two hundred and eighty- four, in the twenty-third district, third section; thence West along said line to the corner of said lots of land; thence North along the original land line dividing lots numbers two hundred and seventy-seven and two hundred and seventy-eight, to the corner of said lots ; thence East along the land line dividing the lots two hundred and seventy-seven and two hundred and forty-four, to the Eto- wahriver; thence down the Etowah river to its mouth. Sec. II. And be it further enacted by the authority Taxes - how af°resaidj That all the taxes to be levied and raised under provisions of the Act of which this is amendatory, shall be assessed and raised in the following manner : All * See also Act No. 247. CITIES AND TOWNS—1851-'2. 407 City of Rome. persons who may be residents within the corporate limits of said city, or who may be the owners of property, real or personal, in said city, subject to taxation under said Act, shall be required at such times and places as may be re- quired by any by-law of the said City Council, to give the same in under oath, in accordance with the laws of this State, now of force, in relation to the giving in State taxes. And should any owner of taxable property in said city neglect or refuse to give in such property in accordance to the regulations of said city, it shall be the duty of the City Council to have the same assessed in such manner as they may prescribe, and collect the taxes thereon, accord- ing to the rules and regulations there of force in said city. Sec. III. And be it further enacted by the authority aforesaid, That in all cases which may be tried and deter- ^fowedloV- mined by the Mayor of said city, or by the City Council, coS.f or either of them, or all of them, whether of a civil or criminal character, it shall and may be lawful for a person or persons who may find him, her, or themselves, aggriev- ed by any such decision, to carry the same up to the next term of the Superior Court of Floyd county, by Bill °fProceeding0 Exceptions, specifically alleging the error or errors of law, r° ins' alleged to have been committed in said trial, and it shall be the duty of the Mayor or Councilmen, before whom the same wras tried, to certify the same, if it be true and con- sistent with the facts of the case, to the said Superior Court; and it shall be the duty of the presiding Judge of said Su- perior Court, to determine the matters contained in said Bill of Exceptions, and enter his judgment as in cases of certiorari; Provided, That the party applying for said Bill of Exceptions shall, before the same shall be required to be certified as aforesaid, give bond, wjth good and suffi-®0^^^. cient security, to the Mayor of said city, for the payment mZefSTd of the eventual condemnation money and costs; and if itcosts- be a criminal matter, for the personal appearance of the party before the City Council at its next regular meeting, after said case shall have been determined by the Superior Court; And provided, also, That he, she, or they, shall pay all costs which may have accrued before the applica- tion for said Bill of Exceptions. And should the conditions of said bond not be complied with, it may be sued, and a recovery had thereon, and the proceeds thereof shall be applied to and belong to the funds of the City Council. Sec. IY. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against *ae£^lius the provisions of this Act, be and the same are hereby re- -nealed. 408 CITIES AND TOWNS—1851-2. City of Savannah. {No. 255.) An Act to amend an Act entitled " an Act amendatory of, and in addition to the various Acts heretofore passed in reference to the City of Savannah," approved December 8th, 1849, to allow an appeal to a special jury in the Superior Court of Chatham county, from any decision made under the sixth sec- tion of that Act, and also to provide for the registry of the names of all persons entitled to vote for Mayor and Aldermen of said city, and to prevent persons from voting for such May- or and Aldermen, whose names are not registered. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- Appeal from sembly met, and it is hereby enacted by the authority of Freeholders.0 the same, That when any decision^of freeholders shall here- after be made under the sixth section of said Act of De- cember eighth, eighteen hundred and forty-nine, the owner or owners of land affected by such decision, shall have the right to appeal therefrom to a special jury, in the Superior Court of Chatham county, and the verdict of such jury shall be final and conclusive in the premises. Sec. II. Be it further , enacted by the authority of the same, That from and after the passage of this Act, all per- S'nvoto?tion sons ^e qualified to vote at elections for Mayor and Aldermen of the city of Savannah and the hamlets there- of, who are citizens of the United States, have resided in the State of Georgia for one year immediately preceding the election, and continue so to do up to the time of elec- tion, and within the corporate limits of Savannah, for one month immediately preceding their registration, who have attained the age of twenty-one years, and have paid all city taxes, or have in their own right sufli- cient real estate to satisfy any tax executions which may be against them, who have made all returns required by the ordinances of the city, and have been registered ac- cording to the provisions of this Act. Registration Sec. III. Be it further enacted by the authority afore- Kt" said, That the Clerk cf the Common Council of the city of Savannah, and in case of his sickness of absence, any offi- cer duly elected and appointed by the Mayor and Alder- men, or a majority of them, for that purpose, shall open a list for the registration of voters, on the first Monday in January, in each and every year, which list shall be kept open unfil two o'clock, p. m., on the first Monday in Sep- -tember ensuing, when it shall be finally and absolutely closed. Sec. IY. Be it further enacted by th$ authority afore- CITIES AND TOWNS—1851-'2. 409 City of Savannah. said, That it shall be the duty of such clerk or officer, upon Mode of Re- the application in person, and not by proxy, of any personglstry' entitled to voter as aforesaid, within the time prescribed for the list to be kept open, to register the name of such per- Certificate son and deliver to him a certificate of such registry, ex- e 1 " ' pressing his name, number, and the date of registry. Sec. V. Be it further enacted by the authority afore-oath of aPPn. said, That such clerk, or other officer, shall be authorizedCdUt' to require any applicant for registration to make an affi- davit that he is entitled to vote according to the terms of this Act, before issuing a certificate of registry. Sec. VI. Be it further enacted by the authority afore- Publication of said,. That it shall be the duty of such clerk, or other offi- cer, to arrange and publish a list of the names so registered, in alphabetical order, in one of the gazettes of the city of Savannah, at least once a month from the first Monday in January, to the first Monday in October, in each year, and once a week from the first Monday in October, to the first Monday in December, and to affix and keep an alphabeti- cal printed list of such names at the door of the Court House of the county of Chatham, and of the Exchange in the city of Savannah, from the first Monday in October, to the Tuesday after the first Monday in December, in every year. Sec. VII. Be it further enacted by the authority afore- voters to s?r. said, That each voter, at the time of -giving his vote, shall clues!1 certlfi" produce and surrender to the presiding magistrates, his cer- tificate of registry, and no person unprovided with such certificate shall, under any circumstances, be permitted to vote. * ■ Sec. Vni. Be it further enacted by the authority afore- Dnp]icates on said, That in case of the loss or destruction of a certificate, the ori- the clerk, or other officer, shall be authorized to issue a du- plicate at any time before two o'clock,'?, m., of the third Monday in November,- upon the personal application of the voter to whom it was originally issued, accompanied with his affidavit to such loss or destruction. Sec. IX. Be it further enacted by the authority afore- vacancy in said, That in case of the death or resignation of the May- 5 how or, or any Alderman, it shall and may be lawful for the Board to fill the vacancy, the person chosen having a ma- jority of the votes of those present. Sec. X. Be it further enacted by the authority afore-oath of voter, said, That the presiding magistrates shall be authorized to administer the following oath to any person attempting to vote : " You do solemnly swear that you are a citizen of the United States; that you have resided in the State of 410 Georgia for one year immediately preceding this election, and within the corporate limits of the city of Savannah for the last four months; that you are twenty-one years of age; that you have paid all taxes due the city of Savannah, or have in your own right sufficient real es- tate to satisfy any executions against you; that you have made all returns required by the ordinances of the • city; that you have been duly registered within the time prescribed by la;v; that the certificate of registry which you offer, was issued and delivered to you in person, and that you have not yet voted this day—So help you God." fegafvotfng11" ^EC' XI. Be it further enacted by the authority afore- ega voting. ga-^^ any person offering or attempting to vote, not qualified as aforesaid, shall be guilty of a misdemeanor, and on conviction before the Superior Court of the county of Chatham, shall be punished by fine or imprisonment, or both, at the discretion of the court, dente'nmy" Suo. XII. Be it further enacted by the authority afove- sons'votin"'ii.sa^ That the presiding magistrates, or any one of them, tulbln't°hedis" ^e authorized to commit, instanter, to the common poiis5nL.&c. jail of the city of Savannah and county bf Chatham, any unqualified person offering or attempting to vote as afore- said, and any person attempting to commit, or actually committing an act of violence at or about the polls, court- house, or place of election, and any person attempting to create, or actually. creating, a riot or disturbance at or about the polls, court-house, or place of election, by verbal order issued to any officer of the county or city, or by warrant under his or their hand, addressed to ail lawful officers of the county and city, or to any private person specially named therein ; Provided, That any person so committed shall be entitled'to be discharged, or admitted to bail, upon examination, according to law, at any time after ten o'clock, on the Tuesday after the first Monday in December; And,provided,further, That no person com- mitted upon verbal order, as aforesaid shall be detained in jail more than twenty-four hours, unless a written detainer be lodged against him. officer^ &c. Sec. XIII. Be it further enacted by the authority afore- on said, That any officer, upon the receipt of the verbal order, as aforesaid, or any officer or private person specially named, upon the receipt of the warrant, as aforesaid, shall be authorized to require the assistance of a posse comita- tus, and any officer of the city or county, refusing or neg- lecting to obey such verbal order or written warrant, shall . be guilty of a misdemeanor, and on conviction before the Superior Court of the county of Chatham shall be pun- ished by fine 01* imprisonment, or both, at the discretion of CITIES AND TOWNS—1851-2. 411 City of Savannah. the court, and it shall be the duty of the magistrate giving Penalty for such order or issuing such warrant, to present the offend-neg eU" ing officer to the Grand Jury of the Superior Court at its ensuing term. Sec. XIY. Be it further enacted by the authority afore- Pe,,alyfor. • i rni i_ J it. usmg *orSe(i said, JLliat any person attempting to use, or actually using, certificate- a forged certificate of registry, or a certificate of registry not originally issued to himself in person by the clerk, or other officer, as aforesaid, shall be guilty of misdemeanor, and on conviction before the Superior Court of Chatham county, shall be punished by imprisonment in the peniten- tiary for any time not exceeding four years. Sec. XY. Be it further enacted by the authority afore- onedoii« for said, That upon application for a certificate of registry, the ntuof poii11 applicant shall pay to the clerk, for the city treasury, thetax" sum of One Dollar, which shall be in lieu of the poll tax now unpaid, and no certificate shall be issued until the same be paid. Sec. XYI. Be it further enacted, That all laws and parts Repealing of laws militating against this Act, be and the same areclause' hereby repealed. (Xo. 256.) An Act to incorporate the town of Alexander, in the county of Burke, and to appoint Commissioners for the same. Approv- ed, December 16, 1851. Section I. Be it enacted by the Senate and House Representatives of the State of Georgia in General As- ported. sembly met, and it is hereby enacted by the authority of the same, That the town lots now laid off, and which may hereafter, be laid off on the lot of land containing sixty acres in said county, now owned by the Alexander Yillage and Academy Company, and the same is hereby incorpo- rated by the name of the town of Alexander. Sec. II. And be it further enacted by the authority commission- aforesaid, That Evan C. Glisson, Richard S. Scruggs, YYil-ers app°mt liam Sapp, Ransom Lewis, and Joseph A. Shewmake, be and they are hereby appointed Commissioners of the town of Alexander, to hold their offices until the first day of Januarv, eighteen hundred and fifty-three, until their sue- cessors"are elected, with power to sue and be sued in their . 412 CITIES AND TOWNS—lS51-'2. Town of Americus. corporate capacity, and pass all laws and by-laws that are not repugnant to tlie Constitution and Laws of tliis State, nor of the United States. * Sec. III. And be it further enacted, That five Cornmis- Election m fu. si oners shall be elected for the town of Alexander, by the ture- citizens of said town entitled to vote for members of the General Assembly of the State of Georgia, on the first "Wednesday in January, eighteen hundred and fifty-three' and on the first Wednesday in January thereafter, until otherwise altered by law. Sec. IV. And be it further enacted, That all laws or Repealing" parts of laws militating againt the same, be and they are (No. 257.) As Act to amend an Act to incorporate the town of Americus, in Sumter county, assented to the 22d day of December, 1832. Approved, January 22, 1852. Section I. Be it enacted by the Senate and Home Corporate of Representatives of the State of Georgia in General Americas. Assembly met, and it is hereby enacted by the authority of the same, That the corporate limits of the town of Americus, in the county of Sumter, shall extend over and embrace a radius of one mile, making the Court-house the centre. Sec. II. And be it further enacted by the authority Commission- aforesaid, That on the first Monday in February, eighteen ers- hundred and fifty-two, and on the first Monday in Febru- ary, every year thereafter, all persons, citizens of said town, entitled to vote for members of the Legislature, shall elect by ballot, five Commissioners, who shall continue in office one year, and until successors are elected, at which election two Justices of the Inferior Court, or two Justices of the Peace, or one Justice of the Inferior Court, and one Justice of the Peace, of said county, not being themselves candidates, shall preside; and if it shall so happen that such election shall not take place on the day herein ap- pointed, one Justice of the Inferior Court, or one Justice of the Peace, of said county, may afterwards, by giving ten days' notice, hold the same, and in case of death, re- CITIES AND TOWNS—1851—'2. 413 Town of Americus. moval or resignation of any Commissioner, the remaining shall immediately order an election to fill such vacancy, and shall give ten days' notice of the same. Sec. III. And be it further enacted, That it shall not 2?d',£.rCom" be lawful for any of said Commissioners so elected, to enter on the duties of his office until he shall have taken and subscribed the following oath, taken before some officer authorized to administer oaths: " I, A. B., do solemnly swear that I will well and truly discharge the duties of Commissioner of the town of Americus, and adopt such measures as may in my judgment be best calculated to promote the interests of the citizens of said town." Sec. IV. And be it further enacted, That the Commis- present, sioners, or a majority of them, shall, at their first meeting after their election, elect from their own body a President, and shall be known as the President and*Commissioners of the town of Americus, and by such, their corporate name, shall sue and be sued, and shall have a common seal, and shall have full power and authority to pass all by-laws and power, of the ordinances, and to enforce the same, that they may deem ^Pin'p2°JinS best calculated to promote the general good for the citi- orJ,"a,lces- zens of said town ; Provided, That no by-law or ordinance shall be contrary to the Constitution or Laws of. this State or of the United States. Sec. V. And be it further enacted, That said,Commis-cierk and sioners shall, at their first meeting after their election, pro-MarehaJ- ceed to elect a Clerk and Marshal, and such other officers as they may deem necessary to carry this Act into execu- tion, and such officers shall give bond and security for the faithful discharge of the duties of their offices, in such sum as said Commissioners, or a majority of them, may direct. Sec. VI. And be it further enacted, That said Commis- Town tax. sioners shall have power to levy a capitation tax of Three Dollars on each person subject to road duty, which shall be in lieu of such duty, and no tax levied by said Com- missioners on real and personal property in said town, shall exceed over fifty per cent, over the State tax. ■ Sec. VII. And be it further enacted, That said Commis-1 sioners shall be liable to be fined in the same manner asP-PiomTia. the Commissioners of the Boads, and by law liable for any failure or neglect to keep the roads and streets within said corporate limits of said town in good oi\V., and the fine imposed and collected for such neglect shall become a part of the funds of said town, and applied as the other funds. Sec. VIII. And be it further enacted, That the said Coim missioners are hereby invested with authority to appoint a 414 Town of Americus. JaYt^ifectof Person ac^ as Tax Receiver and Tax Collector, and any an o ecor-0{.}ier 0fgCers they may deem necessary for said town, and to make a reasonable compensation for the same, to be paid out of the treasury of said town, and. said officers shall be appointed annually. Sec. IX. And be it further enacted, That all persons Retnrn of tax who are by this Act made subject to the payment of tax, payers shall, at some time between the first day of April and the first day of May, in each year, make a true and just re- turn, under oath, of all taxable property held by them in said town, with the fair valuation of the same, and of all their liability to taxation, to the Receiver of Tax Returns and Collector, who shall proceed to collect the tax on the same after the fifteenth day of May, all of which shall be paid him before the first day of July; and if any person who is required by this Act to pajr tax, or shall neglect or Defaulters refuse to pay the same, or to make the return to the said Receiver and Collector that they are required by this Act to do, within the time specified by this Act for doing the same, they shall be subject to the same penalties that they would by law be subject to for refusing or neglecting to make a return of their taxable property to the County Re- ceiver of Tax Returns, or for refusing to pay their State tax ; and the said Town Receiver and Collector shall pro- ceed against them, after said time for making returns and paying taxes expires, in the same manner that is pointed out by law for County Receivers of Tax Returns, and Col- lectors of Taxes against defaulters. Sec. X; Provided, nevertheless, That this Act shall not siate'tax'0 understood or have effect so as to make town property ta tax. £or tjle pUrp0ses 0f State, county or town or other taxes, of lots containing fifty acres in one body, or any portion of a lot containing as much as fifty acres, which fifty acres shall include the buildings thereon erected. Sec. XI. And be it further enacted, That all laws and jRcpeafing parts of laws' militating against this Act, be and the same are hereby repealed. CITIES AND TOWNS—1851-'2. 415 Town of Antioch. (No. 258.) • An Act to incorporate tho town of Antioch, in Troup county, and to provide for the election of Intendant and Commissioners for the same, and to define their powers, and for other purpo- ses therein mentioned. Also, to amend the several Acts in relation to the city of Augusta, and in relation to elections therein. Approved, December 30, 1851. Section I. Be it enacted by the Senate and House eiect'nof in- of Representatives of the State of Georgia in General commissi™- Assembly met, and ft is hereby enacted by the authority of™*' the same, That all peisons, inhabitants of said town of An- tioch, entitled to vote for members of the General Assem- bly, shall assemble in said town at the place of holding elections, on the second Monday in January next, and on the second Monday in January in each year thereafter, and by ballot elect an Intendant and three Commissioners, who shall continue in office one year, and until their sue- cessors are elected, at which election any one Justice of the Peace, or Justice of the Inferior Court of the county, and one freeholder of said town, or in the absence or failure, or refusal of a Justice to act, any two of the freeholders of said town shall preside, and receive and count the votes for the same ; and if it shall so happen that said election shall not take place on the day herein appointed, it shall be law- ful for the same to be held on any other day in the man- ner and form before pointed out, on ten days' notice being given of the same in two or more public places in said town. Sec. II. Be it further enacted, That said Intendent and vownof^an- Commissioners shall be a corporate body, and known as tSL. in-orpo' the Intendant and Commissioners of the town of Antioch, and by such, their corporate name, shall sue and be sued, and may have a common seal or scroll, and shall have full power to pass all by-laws and ordinances, and are hereby rowers, &c. vested with full power of enforcing the same, in such man- ner and by such officers as they shall appoint, which they may deem best calculated to promote the general good and health and welfare of said town;' Provided, The same shall not be contrary to the Laws and Constitution of this State, or of the United States. Seo. III. Be it further enacted, That said Intendant and vacancies; Commissioners, or if no Intendant, then the said Commis- sioners shall have full power to fell all vacancies that may occur by death, resignation, or otherwise. t Sec. IY. Be it further enacted, That said Intendant and 416 CITIES AND TOWNS—1851-'2. City of Augusta. Povver over Commissioners are hereby vested with full power to pr o guuilloensS9' hibit the vending, sale, barter, or furnishing by one person to any other, of any measure or quantity of distilled spir- ituous or intoxicating liquors, in said town, or to regulate the same, under such rules, limitations and restrictions as they shall prescribe, and to issue licenses according to such regulations; and each and every person retailing any dis- tilled, spirituous, or intoxicating liquors, in said town, con- trary to the rules and regulations, and without the license of said Intendant and Commissioners, shall, in addition to the penalties prescribed by said Intendant and Commis- sioners, be liable and subject to all the pains and penalties which a person retailing without license is now subject to by law. Sec. Y. Be it further enacted, That the corporate juris- Corporate diction of said Intendant and Commissioners, shall extend hnuts. £0 t]ie distance of one-half mile, in every direction, from the store-house now occupied by Pitts & Glass, in said town ; that said Intendant and Commissioners shall have power to levy a poll tax on the inhabitants and property of said town ; Provided, The poll tax shall not exceed Tax- One Dollar, and the other tax shall not exceed that re- quired by the State, and shall have power to issue execu- tions, and levy and enforce the same, for the collection of taxes, fines and penalties, under such regulations as they shall prescribe, not contrary to the laws of this Stale. Sec. YI. And be it further enacted, That the provisions police court of the fourth section of an Act passed on the twenty-fourth of Augusta. c|ay 0f December, eighteen hundred and thirty-five, in re- lation to the city of Augusta, shall extend to the Police Court of said city, whether held by the Mayor or a mem- ber of Council. Sec. YII. And be it further enacted, That the City Authority to Council of Augusta shall be, and they are hereby author- S«of"aI-ized, to pass all ordinances necessary to secure the atten- nelsSd vv,t" dances of parties charged before said Council, or thePo- lice Court of said city, with violations of the City Ordinan- ces ; also, to secure the appearance of witnesses, and to es- tablish the fees of their officers. Sec. YIII. And be it further enacted, That in case of Mayors,j the sickness or absence of the Mayor, the City Council of um. Augusta shall be, and are hereby authorized, to elect a Mayor pro tempore, who shall perform the duties of the office during the sickness or absence of the Mayor. Sec. IX. And be it further enacted, That the City Conn- cil of Augusta, and the Mayor or member of Council hold- ing the Police Court, shall respectively, when said Council CITIES AND TOWNS—1851-'2. 417 Town of Bainbridge. or said Court is in session, have the power and authority - to punish contempts, as now lawfully exercised by the Justices' Courts of this State. Sec. X. And be it further enacted, That all future elec- Voting at tions for Mayor or members of Council of said city, no per- elections, son shall be entitled to vote out of the district or ward in which he resides, and in which he must reside ten days before he shall be entitled to vote. And when any vote is challenged, the following oath shall be administered to him by the Superintendents (in addition to the oath now required) before his vote shall be received, to-wit: " You Oathofvot«« do solemnly swear, that you are and have been a resident of this district for the last ten days, and have considered it your home during that time—So help you God." And for a false oath so taken, the party shall be subject, on in- fa1"e scaling dictment, to the penalty enacted against false swearing, by the Penal Code of this State. Sec. XI. Be it further enacted, That all laws and parts Rep8alia^ of laws militating against this Act, be and the same areclanae- hereby repealed. (No. 259.) An Act to amend the Acts incorporating and granting corporate powers to the town of Bainbridge, in the county of Decatur, and to amend an Act incorporating the town of Cassville, as- sented to 27th December, 1843.. Approved, Jan'y 22, 1852. Section" I. Be it enacted By the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage ot this Act, the collection of Commissioners authorized to be elected" by the Act incor- blfdge1.11 Bam" porating said town of Bainbridge, and the Acts amenda- tory thereof, have full power and authority to assess and collect a tax from the persons residing within the corporate limits of said town of Bainbridge, a sum not to exceed fifty per cent, on the State tax; that said tax be assessed by said Commissioners, and collected by the Marshal ap- pointed by said Commissioners, in the same way and man- ner and by process of execution (if necessary) issued by said Marshal, as the State tax is now collected by State Collectors. 27 * 418 CITIES AND TOWNS—1851-2. Town of Bainbridge. powen of Sec.II. Be it farther enacted, That the Commissioners ^ornmission ^ town aforesaid have full power and authority to pass all ordinances, rules and regulations, for the proper government of said town, to quell riots, prevent or punish fighting, quarreling, or any disorderly conduct, and all other ordinances for the good order and peace of said town; that when a fine is imposed by said Commissioners, and the oflender fails or refuses to pay said fine forthwith, that the Clerk of said Commissioners be authorized to is- sue executions either against the person or property of such person, to be directed to the Marshal, bearing test in the name of one of the Commissioners, and by said Mar- shal to be levied, advertised and collected as fi. fas. are issued from Justices' Courts. Power^of the Sec. III. Be it further enacted, That the Marshal of said 318 a* town shall have full power and authority to arrest and bring before said Commissioners, all and every person who shall behave disorderly, either by fighting, quarreling, drunkenness,^creating disturbances, or any other disorderly conduct, and if necessary may call to his assistance any male citizens of said town, who, on their refusal to render such assistance, shall be subject to a fine of Five Dollars, to be adjudged of by the Commissioners. appointment Sec. IY. Be it further enacted, That the Commissioners aLd clerk.1 of said town be authorized to appoint a Marshal, and a Clerk who shall be Town Treasurer, with such compensa- tion as shall be determined on by said Commissioners. anthority Sec. Y. Be it further enacted, That the Commissioners over streets. 0f tke £own aforesaid have full power and authority and control -over the streets and public grounds of said town, to compel persons to work on the said streets, or to pay money in lieu thereof; that fines for failures to work be collected in the same manner as provided for other fines, and that said Commissioners be authorized to determine all questions in reference to the streets in said town. map of town. Sec. YI. Be it further enacted, That the first Commis- sioners elected after the passage of this, be and they are hereby authorized and empowered to establish a plat or map of said town, with all the proper designations made thereon. corporate Sec. YII. Be it further enacted by the authority afore- vffliexteS sa^> That an Act entitled an Act to incorporate the town of Cassville, in the county of Cass, assented to December twenty-seventh, eighteen hundred and forty-three, be amended so as to authorize the Commissioners of said own to extend its incorporated limits to such extent and n such manner as they think proper; Provided, They CITIES AND TOWNS—1851-'2. 419 Town of Calhoun. shall not be authorized to extend their limits more than one mile from the Court-house in said town. Sec. VIII. Be it further enacted, That ail laws or parts Repealing, of laws militating against this Act, be and the same areclause' hereby repealed. (No. 260.) An Act to incorporate the town of Calhoun, in the county of Gordon. Approved, January 12, 1852. Section I. Be it enacted by the Senate and House caihonnin.. xf Representatives of the State of Georgia in Generalcorporated- Assembly met, and it is hereby •enacted by authority of the same, That' from and after the passage of this Act, Bichard Jones, Martin Duke, D. S. Law, Wm. H. Dab- ney, and W. W. Wall, are hereby appointed Commission- ers of the town of Calhoun, in the county of Gordon, with full power to make all by-laws and regulations necessary for the government of said town. Sec. II. And be it further enacted by the authority election of aforesaid, That said Commissioners shall continue in office S,mmisslon" until the first Saturday in January, eighteen hundred and ' fifty-three, on which day, and on the first Saturday in Jan- uary in each succeeding year thereafter, all persons enti- tied to vote for members of the Legislature, shall assemble at the Court-house in said town", and shall, by ballot, elect five other Commissioners, who shall continue in office one year, and shall be re-eligible ; said election shall be held by two Justices of the Peace, or two Justices of the Infe: rior Court, or one ot either, together with one freeholder ; Provided, That in the event of there being no election of Commissioners at the time herein pointed out, the Com- missioners then in office shall so continue until their sue- cessors are elected, which may be done at any time there- after by the Commissioners giving five days' notice of the time of holding said election. Sec. III. And be it further enacted, That the jurisdic- ou0rmS0on°f tion of said Commissioners shall extend so as to include aere- distance of six hundred yards in every direction from the Court-house, in said town of Calhoun, and said Commis- sioners are hereby authorized to act as Commissioners of all roads and streets in said town, to the distance aforesaid. 420 CITIES AND TOWNS—1851-'2. Village of Cave Spring. __ Sec. IY. And be it further enacted, That said Comrais- Taxation, sioners shall have power to levy and collect a tax to the amount of not more than one-third of the State tax, for the use of said incorporation, upon all objects taxed lly the laws of this State, and that said tax, when collected in the manner that may be prescribed by said Commissioners, shall by them be used for the benefit and use of said town. Sec. Y. And be it further .enacted, That said Commis- patrol and sioners shall have power to appoint patrols and regulate road duty, their duty, to appoint overseers of the streets and regulate the manner of working the same. Sec. YI. And be it further enacted, That said Commis- Tax on shows sioners shall have power to tax all shows and performing fin«r& sioners shall have power to enforce their by-laws, to pre- scribe and collect penalties for a breach of the same, toT^on ^ tax all shows of every description, and auctions, and em- °ws' c" ploy a Marshal, whose duties shall be prescribed by saidMaishaI- Commissioners. ' (No. 266.) An Act to extend and define the corporate limits of the town of Greenville, in the county of Meriwether, to provide for the election of Intendant and Commissioners for the same, to de- fine their powers, and for other purposes therein named. Ap- proved, January 14, 1852. Section I. 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^f^f. the same, That the inhabitants of the said town of Green-^ ville, in the county of Meriwether, entitled to vote for members of the General Assembly, shall assemble at the Court-house on the first Saturday in January, and in each . year thereafter, and by ballot elect one Intendant and four Commissioners for said town,' who shall continue in office one year, and until their successors are elected, which elec- tion may be held by any Justice of the Peace, or Justice of the Inferior Court of said county, and one freeholder, or in the absence or failure, or refusal of a Justice to act, by any two freeholders of said town. And if said election t should not be held on the day herein appointed, it may be held on any other day; Provided, Ten days' notice of such election shall be given in two public places in said 426 CITIES AND TOWN'S—1851-'2. Town of Greenville. town. Said Intendant and Commissioners, or if no In- tendant, then said Commissioners shall have full power to fill all vacancies that may occur in the Board, by death, resignation, or otherwise. Sec. II. Be it further enacted*, That the said Intendant intendant and and Commissioners, and their successors, shall be a body enTcorpora. corporate, under the name and style of the Intendant and ted- Commissioners of the town of Greenville, and in said name Power* and Bue an(^ be sued, plead and be impleaded, answer privileges!1 and be answered unto, and shall have a common seal, and shall have full power to pass all laws and ordinances, which they, or a majority of them, shall deem best for the good of said town, not repugnant to the Constitution and Laws of this State, and of the United States; and they shall officers. have power to appoint officers for the enforcement of said laws and ordinances, shall have power to levy and collect fines, for any and all violations of such laws and ordinan- ces, and to imprison offenders; shall have power to levy and collect a poll tax not exceeding One Dollar, and a Taxes. tax on the property of the cititzens of said town, which shall not exceed the tax required by the State; and may Executions dssue execution for the collection of all fines, penalties and taxes, and enforce the same by levy and sale, through such officers as they shall appoint, and in such manner as they shall direct. Sec. III. Be it further enacted, That said Intendant and Commissioners shall have power to tax all showe and show£ exhibitions of every character, all places and establish- Peuian, &c. ments of amusement, to tax pedlars, free persons of color, and to pass and enforce all other laws and ordinances General Pow. wj1^c]1 ^hey shall deem best for the health and good of said ■ town, and all by-laws and rules for the government of their board, not repugnant to the Constitution of the Uni- ted States, and the Constitution and Laws of this State. Sec. IY. Be it further enacted, That the corporate lirn- conx>rate its of said town shall extend one-half mile in every direc- inniu. tion from tfye Court-house, and the inhabitants shall not be subject to work on the roads outside of the corporate limits Roads sa^ town, and the streets and public roads in said town »tiwns.and shall be under the control of said Intendant and Commis- sioners; Provided, That nothing herein contained shall be so construed as to subject any field or wood land at- tached, not heretofore embraced within the corporate lim- its of said town, to any corporation tax, or to a higher County or State tax than it would have been subject, had this Act never passed. Sec. Y. Be it further enacted, Tnat said Intendant and CITIES AND TOWNS—*1851-'2. 427 Town of Jefferson. Commissioners shall, oil entering into office, take the fol-0athofii». lowing oath : " Yon, as Intendant (or Commissioners, as the commit"! case may be) of the town of Greenville, shall well, trulyera- and impartially, enforce the laws and ordinances of said town, and in all respects demean yourself as yon shall deem best for the good of said town—So help yon God." Sec. YI. Be it further enacted, That all laws and parts repeal of laws militating against this Act, be and the same are da,ue" hereby repealed. (No. 267.) An Act to incorporate the town of Jefferson, Jackson county, and to appoint Commissioners for the same, and to incorporate the proprietors of the city of Brunswick, in the county of Glynn, and to give them corporate powers, and to confer certain pow- ♦ ers upon the Mayor and Council of the city of Columbus, and to amend the seventh section of an Act amendatory of the sev- eral Acts incorporating the town of Milledgeville, assented to * the 30th of December, 1836, and to confer certain powers upon the Mayor and Aldermen of the' city of Milledgeville. Ap- proved, January 22, 1852. Section I. Be it enacted by the Senate dnd House of Representatives of the State of Georgia in General Assem- Jefferson in. bly met, and it is hereby enacted, by the authority o/'corporatod- the same, That from and after the passage of this Act, the town of Jefferson, in Jackson county, be and the same is hereby incorporated, and that the corporate limits of said town shall extend to Curry's creek on the East, and seven hundred yards from the Court-house in every other direction; and that Giles Mitchell, John J. Little, Joel W. Garrett, Samuel Watson, and William S. Thompson, be and they are hereby appointed Commissioners of said town, who shall hold their term of office until the second Saturday in January, eighteen hundred and fifty-three, and until their- successors are elected and installed in office. Sec. II. And be it further enacted by the authority afore- said, That on the second Saturday in January in each year, all the citizens residing within the corporate limits e«mmwsiim' of said town, who shall be entitled to vote for members of the Legislature of this State, shall be entitled to vote for five Commissioners, at which election any two freeholders 428 CITIES AND TOWNS—1851-'2. Town of Jefferson. of said town shall preside as managers of said election, and the five persons receiving the highest vote he declared duly elected ; and that the managers of said election shall give a certificate of election, which shall be sufficient au- thority for said Commissioners to enter on the discharge of their duties ; and in case no election should be held bjT the legal voters on the day aforesaid, that then, at any time thereafter, on a written notice of ten days being posted at .the Court-house door by any two of the citizens of said town, giving notice of the time and place of holding said election, the citizens of said town shall proceed to elect said Board of Commissioners, in the same way and manner as though the same had been held 011 the second Saturday in January. Sec. III. And be it further enacted by the authority aforesaid, That said Commissioners shall have power and Powers of authority to pass all ordinances and by-laws necessary for Commission- , J , r* * t j -1 • -1 -1 n* •i t er»- the government of said town, -which do not conflict -with the Constitution and Laws of this State, and of the United States. And they shall have special power to provide for the working of the streets and square, opening and remov- ing obstructions in streets, and to abate any nuisance with- in the limits of said town, ftnd to levy such tax on all prop- Tax' erty, real or personal, persons or professions, within the limits of sai'd town; and also levy a tax not exceeding Thirty Dollars, for each exhibition by all itinerant show masters, who may exhibit within said town, a ly shows, circus, tumbling, slight of hand, legerdemain, or tricks, or any other kind of shows coming under this description, which tax shall be collected by the Marshal of said town, in such way and manner as said Commissioners shall de- termine. Sec. IY. And be it further enacted by the authority aforesaid, That in all' cases where any person or persons, Execution. .,. ^ * , . . ' default- citizens ot said town, or who have property subject to tax- ew* ation within the corporate limits of the same, shall fail, re- fuse 01* neglect to pay the taxes imposed or fines inflicted according to this Act, the Clerk of the town shall issue execution for the same, which execution shall be signed by said Clerk and bear test in the name of said Commission- ers, and be directed to the Marshal of said town, com- manding him to levy on the goods, chattels, lands and ten- ements of the defendant, or so much thereof as shall be sufficient to satisfy the demand and costs; which, execu- sale h7 mm. ti°n shall bind all the property of the defendant from the date thereof, an$ the cost thereof shall be the same as in Justices'Court executions by the laws of this State, and the said Marshal shall proceed to advertise and sell in such CITIES AND TOWNS—1S51—'2. m Town of Jefforaon—City of Brunswick. manner as the laws or ordinances of said town shall or may direct; Provided., That in case any such execution shall be returned by said Marshal, " no property to be found, " then and in that case a ca. sa. against the body of the defendant Ca may issue, from which he shall not be discharged,except by virtue of the laws of this State made for the relief of lion- est debtors, and should any such defendant or defendants fail to give security for his, her or their appearance before the Superior Court of Jackson county, to take the bene- fit of said Act, then and in that case he or they shall be committed to the common jail ot the county of Jackson, there to remain until discharged by due course of law. Sec. V. And be it further enacted, etc., That all persons or slaves who are subject.to road duty, by the laws of this workms o» State, shall be compelled to work on. the streets and public Sl-reets' square of said town, under such rules and regulations as said Commissioners may adopt, and that they shall be ex- empt from all road duty out of the corporate limits of said town. Sec. YI. And be it further enacted, &c., That said town of Jefferson is hereby incorporated for the term of ten ^a^.for years, and that all laws and parts of laws in conflict wTith this Act, be and the same are hereby repealed. "Whereas, Amos Davis and Samuel It. Brooks have lately purchased of and from the Brunswick Land. Com- pany all their property, real and personal, in the city of Brunswick, at a large price; and, whereas, they are desir- rous of associating other persons with them in said pur- chase, and desire to be incorporated ; therefore— Sec. YII. Be it further enacted, That Amos Davis and Samuel It. Brooks, and their associates and successors, bepropv;etors of and they are hereby declared a body corporate and politic Kswllfk under the name and style of " The Proprietors of the City inuorrjorated- of Brunswick," and as such, shall be capable in lawT and equity to sue and be sued, to contract and be contracted with; to have, hold, use, sell, dispose of and mortgage, all or any of the lots of land or other property now held by them in the city of Brunswick, or that may hereafter be- long to them, and to make joint stock and to issue scrip therefor ; and shall have power to make all by-laws ne- cessary and proper to carry their powers into effect; Pro- vided, They are not inconsistent with the Laws and Consti- tution of this State and of the United States; and shall have power to elect a President and such other officers as they may deem necessary aiid remove the same at their pleas- ure ; and' they may have and use a common seal, and may dispose of, sell or mortgage, their lots of land and other* 430 CITIES AND TOWNS—1851—'2. City of Brunswick—City of Columbus—City of Milledgeville. property in said city under tlieir corporate name and seal, any law to the contrary notwithstanding. Sec. VIII. And be it further enacted, That all persons privilege to holding real estate within the corporate limits of Bruns- o^LS.ate wick, as defined by an Act assented to the twenty-sixth De- cember, eighteen hundred and thirty-seven, entitled (in part) an Act to amend an Act to incorporate the town of Brunswick, and to extend its jurisdiction, limits, &c. &c., may become associates in said company by placing such real estate, or any part thereof, as stock in said corporate company. Sec. IX. And be it further enacted, That the members Power of of, or persons appointed by the authority of the Mayor and w>nhJn C tax, not exceeding One Dollar, and a tax on the property of the citizens of said town, which shall not exceed the tax required by the State, and may issue execution for the col- lection of all fines, penalties and taxes, and enforce the same by levy and sale, through such officers as they shall appoint, and in such manner as they shall direct. Sec. III. Be it further enacted, That said Intendant and Commissioners shall have power to tax all shows and ex- on shows, hibitions, of every character, all places and establishments • of amusement; to Vegulate the sale of all distilled spirit- Eetaiiii- uous or intoxicating liquors, to tax pedlars and free per- ' sons of color, and to pass and enforce all other laws and ordinances which they shall deem best for the health and good of said town, and all by-laws and rules for the-go- CITIES AND TOWNS—lS51-'2. 435 Towu of Oxford. vernment of the Board, not repugnant to the Constitution of the United States, and the Constitution and Laws of this State. *. Sec. IY. Be it further enacted, That the corporate lim- £?gorate u- its of said town shall extend three-fourths of one mile in every direction from the Court-house, and the inhabitants shall not be. subject to work on the roads outside of the s^r^coa corporate limits of said town; and the streets and public roads in said town shall be under the control of said Im tendant and Commissioners. Sec. Y. Be it further enacted, That said Intendant and ^hot inten- Commissioners shall, on entering into office, take the fol- ^Loners.0™" lowing oath: "You, as Intendant (or Commissioner, as the case may be,) of the town of Newnan, shall well, truly and imp irtially enforce the laws and ordinances of said town, and in all respects demean yourself as you shall deem best for the good of said town—So help you God." Sec. YI. Be it further enacted, Tiiat all laws and parts Repe*imff of laws militating against this Act, be and the same arecause" hereby repealed. (No. 271.) An Act to extend,the corporate limits of the Town of Oxford in Newton county, and to. exempt certain lands therein em- braced, from any additional rate of taxation, on account of being embraced in said corporate limits. Approved January 7, 1852. "Whereas, It is highly necessary for the protection of the peace and morals of the town of* Oxford, and of Emory College, therein situated, against the baneful influ- ence of liquor shops, that the corporate limits of sajd town be so extended as to enable the Town Commission- ers, by a wholesome system of police law, to exclude such temptations from their vicinity. Sec. I. Be it therefore enacted by the Senate and House Of corporate JRepresentatives of the State of Georgia, in General Assem- jj£its ex:end" My met and it is thereby enacted by the authority of the same, That from and after the passage of this Act, the corporate limits of the town of Oxford, in Newton county, shall be enlarged as follows, to-wit: The boundary on the North tb! be extended eastward to the Dried Indian Creek, thence* 43a ^ CITIES AND TOWNS—185l-'2. Town of Sparta. clown the channel of said creek till it intersects the lino dividing the lands, formerly known as the Baber Place in- to what is now known as the estates of Dr. A. Means and Charles II. Sanders, thence running westwardly upon said last mentioned line till it strikes the public highway from Oxford to Covington, and thence due west to the present western boundary of said, corporation; Provided, That all lands embraced in said corporate limits, both by this Act, and all Acts heretofore passed, which are not laid off into town lots, and held, occupied and used as town pro- perty proper, shall be taxable according to the same rates and in the same manner, as though the same had not been embraced within the limits of said corporation, any law, usage or custom to the contrary notwithstanding. (No. 272.) An Act to amend the laws regulating the village of Sparta, in the county of Hancock ; also, to authorize the City Council of Augusta to make a donation to the Augusta Orphan Asylum, and .to incorporate and confer certain powers on said Associa- tion. Approved, January 22, 1852. Section I. Be it enacted by the Senate and Pause of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of Power over the same, That the Board of Commissioners of the village retailliuenses. 0f gparta, shall be authorized to require such sum as they may deem expedient, for a license to retail spirituous li- quors, Ac., in said village, not exceeding Fifty Dollars; and for the purpose of raising a sufficient fund for the re- ]iair of streets, &c., they shall be authorized to impose a Tax on cm. tax on carriages and vehicles of burthen, and animals kept nagea, &o." jn the village for, labor or pleasure, on persons resident On slaves -c an^ liable to perform road duty, on slaves or free nsa^es'&c'persons of color liable to such duty, such sums, annually, as to the Board may seem expedient, not exceeeding Four Dollars on each carriage ana other article, Three Dollars on each of such animals, Five Dollars on each of sucli per- 'sons, slaves, and free persons of color, and that nothing herein contained shall annul or impair the powers vested in said Board by existing laws, or the by-laws of said vii- CITIES AND TOWNS—1851-'2. 437 Citv of Augusta. lage ; Provided, A majority of the voting citizens of said Vojceof the village approve of the same, which shall he determined by cSs°m iS an election of approval or disapproval. The citizens shail ^frovalor have twenty days' previous notice of said election, by no- tice being posted at the Court-house and Post-office in said village. Sec. II. And be it further enacted, That Thomas Yr. Miller, Henry II. Cumming, Edward F. Campbell, John^^ftm Milledge, Artemus Gould, Lewis D. Ford, John It. How,mco,porated" and all others who may associate with them, and their sue- cessors, be and they are hereby created and declared to be a body politic and corporate, by the name and style of the " Augusta Orphan Asylum," with full power and authori- nnd ty to elect all officers, and make all by-laws, rules and regu- prices? lations, necessary to the management of their affairs, and the government of the officers and servants employed by them, with full power and authority to sue and be sued, and to receive, hold and convey, any and all property, money and effects, that may be given or conveyed to them for the purposes of their association, and with full power and authority to receive into their institution, orphan chil- dren; to control, manage and govern them, provide for their maintainance and education, and to bind them out at a suitable age to some useful trade or calling, until such orphans become twenty-one years of age. Seo. III. And be it further enacted, That the City Coim- Donation by cil ol Augusta be, and they are hereby authorized, tocf^coundi make a donation (of either lots of land in said city, money,an lonzc'' or the bonds of said city, to such an amount as they may deem proper) to the said "Augusta Orphan Asylum," to be used for the purposes of the said Association. 438 COUNTY OFFICERS. Magistrates, dec., in Baldwin. COUNTY OFFICERS. TITLE VI. No. 273. Magistrates, &c., in Baldwin. No. 280. In Muscogee—his fees. " 274. Election of Bailiffs—Savannah. •' 281. Fees of J. P. &c., in Bibb and " 275. Magistrates—Macon. Lee, &c. " 276. Magistrates, ia- wwhty met, and it is hereby enacted by the authority of the same, That all the provisions of the above recited Act, cbaThamf®iR anc^ ^ie same are hereby extended, so as to include the fees of the Magistrates and Constables of the county of Baldwin, as fully as if the said county had have been in- corporatedin the original Act. Sec. II. Be it further enacted, That all laws and parts of laws, militating'against this Act, be and the same are Repealing , . 7 i i eiaose. hereby repealed. (No. 274.) An Act to regulate the mode of electing Constables in the city of Savannah. Approved, January 14, 1852. Section . I. Be it enacted by the Senate and House of Bepreentatives of the State of Georgia in General Assem- COUNTY OFFICERS—1851-2. 439 Bailiffs in Savannah—Magistrates in Macon. bly met, and it is hereby enacted by the authority of the Aet of 1848 same, That .the Act to regulate the mode of election ofrep«aled- Constables in the city of Savannah, and to repeal so much of an Act, assented to twenty-third December, eighteen hundred and thirty-one, as relates to the election of Con- stables in said city, approved December eighth, eighteen hundred and forty-nine, be and the same is hereby repealed. Sec. II. And be it further enacted, That upon the e$pi- ration of the term of office of the Constables now appoint- SsJjg?. ed, or in case of a vacancy in the office of Constable, by «»«*•<*- death, resignation, or otherwise, in the city of Savannah, Constables shall be elected for the new or unexpired terms, in accordance with the laws offeree prior to the passing of the Act above recited, and approved December eighth, eighteen hundred and forty-nine. Sec.. III. And be it further enacted, That all laws and , parts of laws militating against this Act, be and the sameclause- are hereby repealed. (No. 275.) An Act to increase the jurisdiction of Magistrates in the city of Macon. Approved, January 15, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in Gen&ral As- semhly met, and it is hereby enacted by the authwity ~oftf KftSSJf the same, That the Magistrates of the city of Macon shall have jurisdiction in all civil cases, when the principal does Uollara" not exceed Fifty Dollars. Sec. II. Be it further enacted, That all laws militating # against this Act, be and the same are hereby repealed. uw" A±0 COUNTY OFFICERS—1851-'2. Magistrates, oiia«. gpgpjffg 0f the county of Bryan, who shall hereafter be COUNTY OFFICERS—1851-'2. 441 In Clinch—In Madison. elected, shall before they enter on the duties of their office, each give bond, with two or more good and sufficient se- curities, in the sum of Five Thousand Dollars, which bond shall be taken, executed, and approved, in the manner heretofore prescribed by law. Sec. II. And be it further enacted, That all bonds which gu h ^ shall be taken in conformity with the preceding section, valid.011 shall be as legal, valid, and of the same force and' opera- tion, as other Sheriffs' bonds in the State. Sec. III. And be it further enacted, That all laws and Repealillg parts of laws militating against this Act, be and the sameclause- are hereby repealed. (No. 278.) An Act to reduce the Sheriff's Bond of Clinch county, &c. Approved, December 26, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembhj met, and it is hereby enacted by the authority of the same, That the Sheriffs of Clinch county, shall be re- t" nift. quired in future, to give bond in the sum of Ten ThousandsandDoUari' Dollars, instead of Twenty Thousand, as is now required by law. Sec. II. Be it further enacted, That all laws and parts Repealiag of laws militating against this Act, be and the same are ciaSS we hereby repealed. (No. 279.) • An Act to reduce the Sheriff's Bond of Madison county. Ap- proved, January 7, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembiy convened, and it is hereby enacted by the authority sa^dDoiiak of the same, That Sheriff's Bond of Madison county, in 442 COUNTY OFFICERS—1852-'2. In Muscogee—Sheriffs Fees. future, shall be in the sum of Ten Thousand Dollars, in- stead of Twenty, as now required by law. Sec. II. Be it further enacted by the authority afore- Repealing said, That all laws and parts of laws, militating against ehnw. this Act, be and the same are hereby repealed. (No. 280.) An Act to reduce the Bond of the Sheriff of Muscogee county,' from Forty Thousand Dollars to Twenty.Five Thousand Dol- lars, and to extend the provisions of an Act entitled an Act to allow certain fees to the Sheriff of Chatham county, approved, January 19, 1850, to the Sheriff of Muscogee county. Ap- proved, January 22, 1852. Section I. Be it enacted By the Seriate and House TwenUtycfivT' °f ^eBre8en^a^'}:!es th>e> State of Georgia in General Thon^n/6 Assembly met, and it is hereby enacted By the authority of 0 ^ the same, That from and after the passage of this Act, the bond required from Sheriffs, elected in the county of Mus- cogee in this State, shall be in the sum of Twenty-Five Thousand Dollars, payable as now directed by law, in lieu of a bond of Forty Thousand Dollars, as now required. Sec. II. And be it further enacted, That the provisions Ihwf/rf3 M °f an Act, approved January eighteen, eighteen hundred ^huaiSra.m an(^ fifty5 allowing the Sheriff of Chatham county, certain fees in certain cases, &c., be and the same are hereby ex- tended to the Sheriff of Muscogee county, so far as to allow him one-half of the fees allowed to the Sheriff of Chatham county by the Act of eighteen hundred and fifty. Repealing Sec. ill. Be it further enacted by the authority afore- ciaase. said, .That all laws and parte of laws militating against this Act, be and the same are hereby repealed. COUNTY OFFICERS—1851-2. 443 Fees of Justices of tbe Peace aad Bailiffs, in Bibb, Richmond, Monroe and Lee. (No. 281.) An Act to amend the several Acts now in force regulating the fees of, Magistrates and Constables in the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe, and Lee, and to provide for the mode of collecting the same. . Ap- proved, January 22, 1852. Section I. 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 giistrates and the same. That the fees of Magistrates and Constables m counties of civil, criminal, and cases of misdemeanor, shall be as fol - mood, Mon- lows, viz: . justices of the peace fees, in civil cases. For every warrant, summons, writ, affidavit, execution, fi.fa., ca. sa., certificate or copy thereof, each 31J For every bond, 62|- For every cause tried by the Magistrate or Jury, 3l| For drawing Jury and making out venire,. 62^ For entering up judgment by default, 3lJ For every subpoena for witness, 15 For taking interrogatories, and certifying the same, 1 25 For issuing process under rent law of 1827, 1 00 For distress warrant, 1 25 For witnessing any instrument of writing, 31^ For every exemplification copy of office or Court papers, Ten Gents for every hundred words, and certificate to same, 31^ For every stray horse, mare, colt, filley, ass or mule, brought before them, to be paid by the taker up, • 93f For each head of neat cattle, sheep, goat or hog, 37£ For each head of neat cattle, sheep, goat or hog, advertised, 31^ For their commission in all estrays sold by them, 6£ per cent. constables fees in civil cases. For serving writ, summons, or subpoena, each 31^ For each additional copy, _ 31J For serving a distress warrant, or writ of possession, 1 25 For ca. sa., fi-fa-, or attachment and advertisement, 31£ For taking possession of property, under the above, 31£ For each honest debtor's bond, 1 25 For each bail bond, t 62^ For each day's attendance on the Superior or Infe- rior Courts, 2 00 For summoning a Jury, 62£ ' For every cause tried by a Jury or Magistrate, 31^ 444 Fee* of Justice of the Peace and Bailiffs, in Bibb, Richmond, Monroe and Lee. justices of the peace fees in criminal cases. For a warrant, 1 25 For a recognizance or bond, 024 For a subpoena,. * 15 For drawing Jury and making out venire, 024 For issuing notice to Magistrates, or for taking ex- animation of defendant, prisoner, or witness, each, 31£ For attending an examination of a defendant or prisoner, and for sitting on the trial of a slave or free person of color, each ' 1 00 For issuing notice to a party defendant or owner of a slave, or free person of color, each 624 For every exemplification, Ten Cents per one bun- dred words, and for the certificate, 31^ constable fees in criminal cases. For serving a warrant, ' 1 25 For conveying a prisoner to Jail, per mile, 5 For every twenty-four hours having a prisoner in custody, before examination or trial, 1 00 For whipping a slave, or free per§on of color, by sentence of Court, 1 25 For attending at a Magistrate's Court during the examination of a defendant, or prisoner, or at the trial of a slave or free person of color, 1 00 For serving a notice on Magistrate or owner of slave, 25 For bringing up defendant or prisoner from Jail, for examination or trial, 75 For summoning a Jury, in every case or trial, 1 00 For serving each subpoena, 31^ Sec. II. And be it further enacted by the authority aforesaid, That when any person or persons is or are ar- bondshfupay rested under a charge of felony or misdemeanor, and en- thee09ts' ters into bond, he, she, or they shall pay the Magistrate and Constables costs. Sec. III. And be it further enacted by the authority aforesaid, That if any person or persons is or are convicted vent upon an examination of any felony or misdemeanor, and bounty.bythe lias or have no property to satisfy the costs, it shall be law- ful for the Magistrates and Constables to receive their fees for the service rendered from the county; and it shall be the duty of Justices of the Inferior Courts of Bibb, Iiich- mond, Monroe, and Lee counties, to pay said fees out of the county funds, within a reasonable time thereafter. Sec. IY. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this Act, be and the same are hereby repealed. COUNTY OFFICERS—1851-2. U5 Advertising—Elbert—Treasurer of Tronp county. (No. 282.) An Act to repeal an Act, approved 22d February, 1850, entitled " an Act to authorize and require the Sheriffs, Coroners, and Clerks of the Superior and Inferior Courts and Courts of Or- dinary, in the several counties in this State, to advertise in certain newspapers, so far as the same relates to the .county of Elbert* Approved, January 17, 1850. Sec. I. Be it enacted by the General Assembly of the Slate of Georgia, That the Act aforesaid, be and the same Eltot- is hereby repealed, so far as it is applicable to the county of Elbert.* (No. 283.) An Act to repeal an Act entitled " an Act to repeal an Act, entitled an Act, " to appoint County Treasurers and define their duties, so far as relates to the counties of Troup, Car- roll, Crawford, Murray, Monroe, Montgomery, Pike, Ap- pling, Randolph, Warren, Fayette, Chatham, Cherokee and Stewart, and to give to the people of said counties the Election of Treasurer, approved 20th December, 1849, so far as relates to the county of Troup. Approved, December 22, 1851. Section I. Be it enacted by the Senate and House treasurer- of Representatives of the State of Georgia in GeneralTpaop' Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the above recited Act, be and the same is hereby repealed, so far as relates to the county of Troup. N *See Genaral Act, Art. I; Title, County Officers, No. 47. 446 COUNTY OFFICERS—1851-2. J. P. in the One Thousand and Thirtieth District, in the county of Ware. (No. 284. ) An Act to compel the Justices of the Peace, in the One Thou- sand and Thirtieth District of Ware county, to hold Justices Courts at the place hereinafter named. Approved, December 26, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- court in th98embty met, and it is hereby enacted by the authority of and6 Thirtieth ^ie same, That from and after the passage of this Act, it ^^ntinofShall and may be lawful for the Justices of the Peace of tobekeil the One Thousand and Thirtieth District of "Ware county, to hold Justices Court at Sweats and Jordan's store, and not elsewhere in said District. Sec. II. And be it further enacted, That all laws and Repealing parts of laws militating against this Act, be and the same aw. are hereby repealed. COUNTY REGULATIONS. 417 Painters lieu in Baldwin and Bibb. COUNTY REGULATIONS * TITLE VII. No. 285. Painters' lien—Baldwin and No. 290. Witnesses—Decatur. " 286, District line—Camden. " 287. Killing Deer—Richmond and Carroll. Bibb. " 291. Books—Habersham and Early. " 292. Survey—Rabun. " 293. Survey—Rabun. " 294. Cattle—Rabunj Floyd and " 288. Lumber measurers—Chatham. " 289. Elections—Chatham. Union. (No. 285.) An Act to give to painters, who may paint houses, in the counties of Baldwin and Bibb, a lien upon such houses and premises of equal dignity with the lien of master masons and master car- penters, given by the several laws now of force in said coun- ties. Approved, January 17, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As-1 PainterB in sembly met, cmd it is hereby enacted by the authority of\ the same, That from and after the passage of this Act, mVLom!'®* painters who make and execute contracts for the painting &0- of houses, in the counties ot Baldwin and Bibb, shall have a lien upon said houses and premises, for the payment of their demands for such painting, of like character and of equal dignity with the lien of master masons and master carpenters, engaged in the building of said houses, agree- able to the laws now of force, in said counties of Baldwin and Bibb, any law, or usage, or. custom, to the contrary notwithstanding. *The compiler haa collected under this Title, all Acts which did not seem to belong appropriately to any of the others. US CO UNIT HEGULATIONS—185 J -'2. District line—Cumdeo—Killing Deer—Carroll. (No. 280.) An Act to alter and change the District lino between the Nine Hundred and Fifty-Ninth District, and the Centre Village District in the county of Camden. Approved, January 12, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- Stanley's sembly met, and it is hereby enacted by the authority of District lTne® the same, That from and after the passage of this Act, that Stanley's Branch shall be the dividing line between the Nine. Hundred and Fifty-Ninth Militia District, and the Centre Village District, instead of Spanish Creek, any law, usage or custom, to the contrary notwithstanding. (No. 287.) An Act to prevent the killing of Deer at certain periods of the year, in the county of Carroll; also, to amend a similar Act in relation to the county of Richmond. Approved, Decemt^r 30, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- Deer in Car- sembly met, and it is hereby enacted by the authority of killed from the same, That from and after the passage of this Act, it March°to the shall not be lawful for any person within the limits of the 1st of August. QQ-^ty of Carroll, by the use of fire arms or other weapons, to kili any doe, buck, or fawn, or any sort of deer whatso- ever, between the first of March and the first of August, in each and every year, and every person so offending shall forfeit and pay the sum of Thirty' Dollars for each Penalty. and every such offence, to be sued tor and recovered with cost of suit, in an action of debt, by any person, be- fore any Justice of the Peace of the district in which the offender may reside, or by an indictment in the Superior Court of said county, one-half to go to the person prosecu- ting the same, and the remainder to be paid over to the Justices of the Inferior Court of said county, to be added to the Poor School Fund of said county; Provided, That nothing in this Act shall be so construed as to restrain per- sons from killing deer within their own enclosures. Seo. II. And be it further enacted, That the " words COUNTY REGULATIONS—1851-'2. 440 Lumber Measurers, Chatham—Walker county. last clay of August," in an Act to prevent the killing of ln Kichmond deer at certain periods in the county of Richmond, shall 0c* he and are hereby altered, so as to read " the twentieth day of October." (No. 288.), An Act to repeal the first section of an Act entitled an Act to prevent lumber measurers from being clerks or agents of lumber buyers or lumber "mills, and to define the mode of measuring stocks of hewn or ranging timber, so far as the county of Chatham is concerned. Approved, January 19, 1852. Section I. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of First section the saSme, That from and after the passage of this Act, that repealed to the first section of the above entitled Act, approved Feb- county, ruary eighth, eighteen hundred and fifty,'* be and fhe same is hereby repealed, so far as regards the county of Chatham. (No. 289.) An Act to preserve the purity of public elections in this State, and to prevent Magistrates who hold county, or city, or town offices, from presiding at county, or city, or town elections, so far as relates to the county of Chathang. Approved, January 7, 1852. Section I. Be it enacted by the 'Senate and House a/* justices on*- Bepresentatives of the State of Georgia in General As-foXcS ofrtw sembly met, and it is hereby enacted by the authority <^&wfnT'office the same, That from and immediately after the passage of {£ be a super, this Act, it shall not be lawful for any Justice of the Peace IttikZlot ^ For this Act, see New Digest, 24. 29 450. COUNTY REGULATIONS—1851-2. Pay of Witnesses—Decatur. or Justice of tlie Inferior Court, in the county of Chatham, who may hold an office besides the office of Justice of the Peace, or Justices of the Inferior Court, of profit or emolu- ment, conferred upon him by the vote of the people, to pre- side as a Magistrate at any election for County or State officers, or members of Congress of the United States, so far as relates to the county of Chatham. Sec. II. And be it further enacted by the authority afore- said, That from and immediately after the passage of this if he holds. Act, it shall not be lawful for any Justice of the Peace or the city . not Justice of the Inferior Court, who may hold any office of «ity elections. profit or emolument under any city or town corporation, to preside as a Magistrate at any election for Mayor, or other Chief Magistrate or officer, or Alderman or Commis- sioner, or other officer of any incorporated city or town, within this State, so far as relates to the county of Chatham. Sec. III. And be it further enacted by the authority aforesaid, That the resignation of any Justice of the Peace Signedewith- or of the Inferior Court, within thirty days of the time of in thin? days- p0}cpng a pnpiic election for County or State officersj or members of Congress, or Mayor, or other Chief Magistrate or officer, or Alderman or Commissioner, or other office of any incorporated city or town in this State, shall not remove the disability created by this law. Sec. IY. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating against •lause. this Act, be and the same are hereby repealed. (No. 290.) An Act to define the amount and mode of the payment of wit- nesses in all civil and criminal cases, so far as relates to the county of Decatur. Approved, December 30, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sernbly met, and it is hereby enacted by the authority of the witness jn same, That the pay of witnesses, in all cases in the Supe- Ss-^rior and Inferior Courts, either civil or criminal, that may Iwa.day." hereafter arise in the county of Decatur, in this State, where it may be necessary to subpoena a witness or ^it- nesses, under the existing laws of this State, shall be One COUNTY REGULATIONS—l,S51-'2. 451 Books to Habersham and Early counties. Dollar and Twenty-Five Cents for each day that he or she may be compelled to attend the court to which they have been subpoenaed, which shall be collected in the same manner as witnesses now by law collect their fees. (No. 291.) An Act to distribute to the Justices of the Peace in Habersham county, books belonging to the State, and also to send certain books to Early county. Approved, December 18, 1851. . Whereas, There is in the Clerk's office of the Inferior Court of Habersham county, a few copies of ITodgkiss' Digest, and also a few copies of Cobb's Penal Code, and Cobb's Analysis, belonging to the State; and,.whereas, there are many of the Justices of the Peace, in said coun- ty, destitute of the digested Laws of Georgia— Be it therefore enacted by the Senate and House of Rep- ckrkof in- , resentatives of the Stats of Georgia in General Assembly ifa^rehani met, and it is hereby enacted by the authority of the same, tain'boo1^?61" That from and after the passage of this Act, it shall and may be lawful for the Clerk of the Inferior Court of Ila- bersham county, to distribute all the books in his office, belonging to the State of Georgia, to Justices of the Peace in said county, who are destitute of any digest of the Laws of Georgia. Sec. II. And be it further enacted by the authority certain books aforesaid, That His Excellency, the Governor, be and he Earf/.elU t0 • is hereby authorized and requested to forward to the Jus- tices of the Inferior Court of Early county, one copy each of the -first, second and third Deports of the Supreme Court for the use of said court, and county of Early. 452 COUNTY REGULATIONS—1851-'2. Survey of part of Rabun county. (No. 292.) An Act to authorize Obadiah T. Dickerson, the present County Surveyor of Rabun county, to survey a part of the First and Second Districts of said county, and to appropriate money for the same. Approved, December 16,1851. Section I. Be it enacted Toy the Senate and House so'n'authorised °f Representatives °f the State of Georgia in General to^surve^y'and Assembly met, and it is hereby enacted by the authority of ^cmidbdLn-'ts the same, That Obadiah T. Dickerson, the present County 0 a Surveyor, of Rabun county, be hereby authorized to sur- vey and mark plainly all tiie lots of land in the First and Second Districts of said county, whose lines and corners are not known. Sec. II. And be it enacted by the authority aforesaid, $300 appropri-That the sum of Three Hundred Dollars, or so much there- of as shall be necessary for the aforesaid services, be ap- propriated out of any money in the treasury, not otherwise appropriated. Sec. III. And be it further enacted by the authority of How drawn the same, That William McKinney, Thomas Kelly, and aaddisburs'd, jjorace 0annorj5 or any one 0f them, are hereby au- thorized to receive the above sum of money, and it shall be the duty of the aforesaid persons, or a majority of them, to pay over to the aforesaid O. T. Dickerson, Surveyor, whatever sum or sums may be due him, the said 0. T. Dickerson, for the services aforesaid ; Provided, Nothing in this Act shall be so construed as to authorize said Sur- vey or to alter any line known to exist. Sec. IY. Be it further enacted, If the full amount be surplus to be not expended for the said survey, the same shall be re- returned. turned to the Treasurer of the State; and that the said Surveyor shall deposit in the office of-the Surveyor Gene- ral, a plat of said survey. Sec. Y. And be it further enacted by the authority of Repealing the same, That all laws militating against this Act, not- clause. .,-.,1. o o 7 withstanding. COUNTY REGULATIONS—1451-2. 453 Survey in Rabun county—Cattle in Rabun, Floyd and Union counties. (No. 293.) An Act to authorize William McKinney, Thomas Kelly, and H. W, Cannon, to appoint some fit and proper person in lieu of O. T. Dickerson, should they deem such a course necessary, to survey the First and Second Districts of Rabun county. Ap- proved, January 22, 1852. Section- I. Be it enacted by the Senate and House ofcommimon. Representatives of the State of Georgia in General As- sernbly met, and it is hereby enacted by the authority oft™on?an lc * the same, That William McKinney, Thomas Kelly, and IX. W. Cannon, of the county of Iiabun, Commissioners to superintend the surveying of the First and Second Dis- tricts of Rabun county, be authorised to employ some fit and proper person to survey the aforesaid First and Second Districts of Rabnn county, in lieu of O. T. Dickerson, should they, or a majority of them, deem such a course necessary. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all laws militating against this Act, be andcause' the same are hereby repealed. (No. 294.) An Act to prevent the driving of any horned cattle, or cattle of the cow kind, from Pickens and Anderson Districts, in South Carolina, or any other places that may be infected with dis- temper, into the co.unty of Rabun, and to prohibit the driving such cattle and oxen from said county to distempered places, and then driving the same back to said county, between the fif- teenth day of May, and the fifteenth day of October, in each year, and to prevent the driving of cattle from Alabama to Floyd county, in the summer season, and that the provisions of this Act shall extend to the county of Union. Approved, Jannary 12, 1852. Section' I. Be it enacted by the Senate and House ^Distempered Representatives of the State of Georgia in General As- be"rive°n into semUy met, and it is. hereby enacted by the authority \tiKUS the same, That from and after the passage of this Act, it15th October shall not be lawful for any person to drive or cause to be driven into said county, from Pickens and Anderson Dis- 454 COUNTY REGULATIONS—1851-'2. Cattle in Ilabun, Floyd and Union counties. tricts, in South Carolina, or from any places -where distem- per exists, any horned cattle, or cattle of the cow hind, nor for the citizens of said county, or any other person, to drive such cattle or oxen to any distempered places, or baclc again, from the fifteenth day of May to the 15th day of October in each year. Sec. II. And be it further enacted by the authority Penalty and aforesaid, That if any person or persons shall be guilty of ease of vioiai violating the provisions of this Act, it shall be the duty of lon' any Justice of the Peace for said county, upon informa- tion being made to him, to issue his warrant against such person or persons so charged with such misdemeanor, and if, upon examination had, it shall appear that said offence has been committed, to bind over the said offending per- son or persons in a suitable bond, with good and sufficient Securities, to be made returnable to the next term of the Superior Court of said county of Rabun, and if convicted, said, person or persons shall be fined in a sum not exceed- ing Five, nor less than Two Dollars per head on all such cat- tie so driven, and if not paid at once, or satisfactorily se- cured, said person or persons shall be imprisoned in the common jail of said county, at the discretion of the court: Sec. III. And be it further enacted, That the provisions Same provi- of this Act'shall extend to all persons driving cattle from fioycfeounty. Alabama to Floyd county, in the summer season, with the exception of oxen. Sec. IY. And be it further enacted, That the provisions Union co'nty. of this Act shall be extended to the county of Union. Sec. Y. And be it further enacted, That all laws and * Repealing parts of laws militating against this Act" be and the same cause- are hereby repealed. COUNTY SITES AND COURT-HOUSES—185I-'2. 455 Public site in Clinch changed. COUNTY SITES ANT)-COURT HOUSES.* TITLE VIIL No. 295. In Clinch; name changed; No. 298. In Randolph; incorporated; 296. " Cobb; new Court-house;. " 299. " Walker; site madeperma- " 297. " Lee; Starkvilleincorp'd; nent. (No. 295.) An Act to change the name of the public site in the county of Clinch. Approved, January 15, 1852. Section I. Be it enacted by the Senate and Home ofv Representatives of the State of Georgia in General Ms-0 sembly met, and it is hereby enacted by the authority o/MagLiia.. the same, That the name of the public site in the county of Clinch, be and the same is hereby changed from Polk to that of Magnolia. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating againstclaa8e* this Act, be and the same are hereby repealed. * See Title XXIII, " Taxes &c.," Act No. 380, for Act authorizing extra tax to build a Court-house and Jail in Lee county. See same Title as to other Act3 about building Jails. 456 COUNTY SITES AND COURT-IIOUSES—lS51-'2. New Court-house in Cobb. (No. 296.) An Act to authorize the Justices of the Inferior Court of the county of Cobb, in this State, to cause a new Court-house to be built in'and for said county of Cobb, and to make valid and binding all such contracts and agreements as the Justices of said Inferior Court may make in regard to such new Court- house ; and to authorize said Justices of the Inferior Court, to secure the use of a house or room in which the Superior and Inferior Courts of said county may be held until the new Court-house is completed, and for other purposes. Approved, January 22, 1852. Sec. I. Be it therefore enacted by the Senate and Ilouse of Representatives of the State of Georgia in General iBfenw court Assembly met, and it is hereby enacted by the authority of bnaa1a^new the same, That the Justices of the Inferior Court of the ouft- ou*e. connf.y 0£ jn this State, are hereby authorized to cause a new Court-house to be built in and for said county of Cobb, to be situated in Marietta, in said county, and procure and purchase any lot that may be necessary, and to make all contracts and agreements which may beneces- sarry to be made, in order to effect and procure the erec- tion of such Court-house. Sec. II. And be it further enacted, That all contracts contracts va. and agreements, which the said Justices may make, in re- tioa. gard to the erection of such Court-house, shall be valid and binding on said county of Cobb. Sec. III. And be it further enacted, That all contracts and agreements, which the Justices of the Inferior Court ^"h'theV s °f said county may make wTith the United States or with raiid. any person or persons acting for and in behalf of the Uni- ted States for the Northern District of Georgia, or any Circuit Court of the United States, or any other such like court, in the Court-house to be erected as above mention- ed, shall be valid and binding. Sec. IY. And be it further enacted, That any contract Contracts or agreement which the Justices of the Inferior Court of vidid.01 ers said county of Cobb may make with any person or persons body politic or corporate, by which such person or persons body politic or corporate, shall acquire or have the right or title to hold, use, occupy, possess and enjoy, any room or rooms in such Court-house, for any purpose or use, not endangering the security of such building when erected, nor incompatible with the nature and intended use of such build- ,ing, shall be valid and binding, and good and sufficient in law. - COUNTY SITES AND COURT-HOUSES,—1851-'2. 457 New Court-house in Cobb—In Lee—Site made permanent and incorporated. Sec. Y. And be it further enacted, That the Justices of the Inferior Court of said county, are authorized and re-" nferior Court quired to secure the use of some suitable place in the temporary town of Marietta, in which the Superior and Inferior t'ourt~house" Courts of said county may be held until the new Court- house is erected. (No. 297.) An Act to make permanent the public site in the county of Lee, at Starkville, and to incorporate the same, to designate the corporate limits thereof, to appoint Commissioners for the same, and to define their powers.* Approved, December 26,. 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assern- My met, and, it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Site made site of the county seat and public buildings of Lee county permanent, shall be permanent at the town of Starkville, in said county. Sec. II. Be it further enacted by the authority aforesaid, That George C. Tickner, "Willis A. Hawkins, Samuel starkville Lindsey, Philip P. Monroe and Edward Y. Monroe, be and mcori)orate<1- they are hereby appointed Commissioners of the said town of Starkville, and1 they, or a majority of them, and their successors in office, shall have full power and authority to pass all such by-laws, rules and regulations, which they, or a majority of them, may deem necessary and expedient for the well governing and good order of said town, and shall have full power and authority to appoint such officers as they may deem necessary to carry such by-laws, rules and regulations, into effect; Provided, Such by-laws, rules and regulations, be not repugnant to the Constitution. and Laws of this State, or of the United States. Sec. III. And be it further enacted by the authority aforesaid, That said Commissioners shall continue in office oommLfoL until the third Monday in January, (1854-,) eighteen hun-ers- dred and fifty-four, or until their successors are elected, on which day and on the third Monday in January, biennially * See also Act No. aao. 458 COUNTY# SITES AND COURT-IIOUSES—1851-'2. In Lee—Site made permanent and incorporated. thereafter, all the free white persons within the corporate limits of said town, who ai e entitled to vote for members of the General Assembly, shall assemble at the Court-house in said town, and choose, by ballot, live Commissioners, who shall continue in office for two years, or until their successors are elected, and shall be re-eligible, and said election shall be held by any one of the Justices of the In- ferior Court, or Justice of the Peace, of the said county of Lee, together with one freeholder of said town. Sec. Iv. And be it further enacted by the authority aforesaid, That in the event that there shall be no election cancies, &c. held on the day and manner pointed out by this Act, the Commissioners aforesaid, or any two of them, may, and they are hereby authorized, to order an election for Commis- sioners to be held in the Court-house of said town, by giv- ing live days' notice on the Court-house door of said town, and all vacancies which occur in said Board of Commis- sioners, shall be filled in like manner, agreeable to the pro- visions of this Act. Sec. Y. And be it further enacted, That said Commis- Town tax. sioners shall have power to levy a tax not exceeding thirty- three and one third per cent, upon the State tax, on all in- habitants of said town ; Provided, That no tax shall be levied as a corporation tax upon any farm or part of a farm over and above one acre,- including the house which may be embraced within said corporate limits. Sec. YI. And be it further enacted, That said Commis- sioners and their. successors in office, shall have corporate iimitTate jurisdiction over the extent of one-fourth of a mile in every direction from the Court-house in said town, and shall Patrol and ^ave exclusive control of patrols and persons liable to work roaddut?. on the roads, within the same. Sec. YII. And be it further enacted, That all laws and Repealing parts of laws which militate againt this Act, be and the clause- same are hereby repealed. COUNTY SITES AND COURT-HOUSES—1851-'2. 459 In Randolph county—Charter amended. (No. 298.) An Act to amend an Act passed the eighteenth day of Decern- ber, eighteen hundred and thirty-four, entitled an Act to make permanent the public buildings in the town of Cuthbert, in Randolph county, and to incorporate the same. Approved, December 18, 1851. Section I. 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 on the first Saturday in January, eighteen Election of hundred and fifty-two, and on the first Saturday in Janua-er°.mmlss'on" ry in every year thereafter, all free white male persons re- siding in the corporate limits of said town of Cuthbert, as hereaiter prescribed, who are entitled to vote for members of the General Assembly, shall assemble at the Court-house in said town, and by ballot elect five Commissioners, who shall continue in office for one year, or until their successors shall be elected, which election shall be conducted and managed by one Justice of the Peace, Justice of the Xnfe- rior Court, or two freeholders of said county. Sec. II. And be it further enacted by the authority aforesaid, That if the citizens of said town shall fail to hold SectpnUday° said election on the day aforesaid, it shall be lawful tomkT^heid hold the same at any other time, ten days'notice of the dSy?other same being given by a Justice of the Peace, Justice of the Inferior Court of said county, or one of the Commissioners ; and the Commissioners hereby appointed, shall, respective: ly hold their appointments until their successors are elect- ed, as herein provided. And all vacancies which may oc- cur in said board,, shall be filled by the citizens of said town, in like manner and under like notice. Sec. III. And be it further enacted by the authority aforesaid, That said Commissioners shall have the entire control of the persons and hands within the limits of saidroad3- incorporation, so far as it regards road duty, and may ap- portion and assign said hands to work on all the streets, alleys, and public square of said town, in such manner as they may think proper, and as often as may be necessary for keeping the same in good order and condition ; Brovi- ded, Said hands shall not be compelled to labor exceeding fifteen days in any one year; And provided, also, They shall not be liable to perform any road duty out of the cor- porate limits of said town. Sec. IY. And be it further enacted by the authority BHaws aud aforesaid, That said Commissioners shall have full power otdmuuw. 460 COUNTY SITES AND COURT-HOUSES—1851-'2. Walker County. and authority to pass all "by-laws and ordinances which they, or a majority of them, may deem necessary and ex- pedient for the well government and good order of said Town tax. town, to assess such tax on the estates, both real and per- • ' sonal, of the inhabitants of said town, as may be necessary for improving the public square and streets, and for the carrying into execution such municipal regulations as may be made by said Commissioners ; Provided, Said tax shall not exceed fifty per cent, on the general State tax, except a»poll tax, which shall not exceed One Dollar per annum; And provided, also,, Said by-laws and ordinances be not repugnant to the Constitution or Laws of this State, or of the United States. Sec. Y. And be it further enacted by the authority corporate aforesaid, That the corporate authority and jurisdiction of said Commissioners, shall be extended to and be exercised at the distance of a half mile in every direction from the Court-house of said county- Sec. YI. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating against eiaose. this Act, be and the same are hereby repealed. • (No. 299.) An Act to revive and continue in force an Act to make perma- nent the public buildings in the county of Walker, at the town of Chattooga, to incorporate said town, and appoint Commis- sioners for the same, assented to the 22d day of December, 1835, and also to define the corporate limits' of said town of Chattooga, now LaFayette, in the said county of Walker. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, now in session, revived1835 That from and after the passage of this Act, the above re- cited Act be, and it is hereby declared to be in full force. Sec. II. And be it further enacted by the authority corporate aforesaid, That the corporate limits of the said town of umite. LaFayette, in Walker county, shall extend not exceeding one-half mile in every direction from the Court-house, in said town ; any law to the contrary notwithstanding. ELECTION PRECINCTS—1851-'2. Precincts established and removed. ELECTION PRECINCTS.* TITLE IX. No. 300. Precincts established and rd- " 302. Precincts in Wan-en, &c. moved. " 303. " in Talbot. " 301. Established, changed, abolished. Oto. 300.) An Act to establish election precincts at the places of holding Jus- , tices Courts in the counties of Gwinnett, Cass, Gordon, Forsyth, Clinch, Murray, Scriven, Bulloch, Crawford, Pike, Spalding, Emanuel and Polk, and to establish and remove certain election precincts in other counties therein named. Approved, Decern- ber30, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General As- ta'Sed S" sembly met, and it is hereby enacted by the authority <^iw8S the same, That from and after the passage of this Act, i tGrou^lJs, &c" shall and may be lawful to hold elections for Electors of President and Yice-President of the United States, mem- bers to Congress, members to the Legislature, and all other elections that are or may hereafter be authorized by law, Cass, Gordon, at the usual place of holding Justices' Courts, in the coun- cfinchNiur. ties of Gwinnett, Cass, Gordon, Forsyth, Clinch, Murray, Mi0fhTve"' Scriven, Bulloch, Crawford, Pike, Spalding, Emanuel and Pirk^fos!.aid- Polk, under the same rules and'regulatiohs as are prescri-anrfdPoik?nuel bed by law. Sec. II. And be it further enacted, That from and after the passage of this Act, that the election precinct hereto- fore established at the house of Manassa Henderson in the ^cmcu-^ JSTine Hundred and Eighty-Second District, G. M., in the wfn.° county of Irwin, be and the same is hereby removed to the place of holding Justices' Courts in said District, and that the precinct heretofore established at the house of Levi Ilerin's in the Five Hundred and Eighty-Sixth District, G. M., in. Clinch county, be and the same is hereby re-in clinch, moved to the place of holding Justices' Court in said Dis- trict. *For Act in reference to Elections in Chatham county, see Title VII, county regulations,* Act No. 2S9. 462 ELECTION PRECINCTS—'1851-'2. Frecincts established and removed—Certain precincts established, changed arid abolished. Sec. III. Be it further enacted, That from and after towwEd, ^ie passage of this Act, that there shall be an election pre- cinct established at Burn's Mills, in the county of Scriven, in Scriven, and that an election precinct be established at Marshall- ville, in the Eighth District of Macon county, and that in Macon, ^he election precinct heretofore established at the house of William Eel ton, in Macon county, be removed to Win- kvMacMt at a place for holding Justices' Court, be and the same are hereby abolished. » Sec. II. Be it further enacted, That the precinct now established at the store house of James M. Porter, in Pen- $$2'K?g- field, Green county, be removed to the store-house of Win.641" Morgan, in said town; that the precinct called Bamah, at the house of Ephraim Lewis, in the Three Hundred and Thirty-First District, G. M., in the county of Wilkinson, be and the same is hereby removed to the town of Gordon in said county ; that the precinct in the district known as Bloodworth's District, in Wilkinson county, be changed to the house of James O. Spann, in said District ; that the precincts in the Sixty-First, Sixty-Fourth and Sixty-Fifth Districts in Burke county, be changed to the places of hold- ing Justices' Courts, in said Districts ♦; that the precinct now established in the FTine Hundred and Fifty-Eighth District in the county of Gilmer, be and the same is hereby re- moved to a Gap in a Pidge, above five hundred yards west of the house of William Orr, 011 Lot Humber Two Hun- dred and Fifteen, Tenth District, Second Section, 111 said county of Gilmer ; that the precinct at the house of Ha- thaniel Duncan, in Elbert county, be removed to the house of Hancy Pamsy, in said county ; that the precinct at the house of Thomas King, in Houston county, be and the same is hereby removed to Jackson's Spring, the usual place for holding Justices' Court, in the lower Fifth Dis- trict, in said county; that the precinct at .Pratts ville, in the county of Monroe, be and the same is hereby removed to Colaparchee in said county; that the precinct in the Fifth District of Carroll county, be and the same is hereby changed to the house of James B. Godard, the usual place of holding Justices' Court in said District; and that the precincts at Higgsville, and at Tarversville, in the county of Twiggs, be abolished, and in lieu thereof, a precinct be and is hereby established at the house of Daniel Yaughn, junior, in said county. Sec. IH. And be it further enacted, That the following . 461 ELECTION" PRECINCTS—1851-'2. Certain precincts established, changed, abolished, and renewed, &c. certain Pre- P1'60^11^ s? Ee and the same are hereby abolished, viz : The eineteabolish.precinct at the house of Wiley Law, in the county of Sumter ; the precinct at the house of W. Mobley in the Sixth District of Randolph county ; and the precinct at the usual place of holding Justices' Courts in the Fifth District of said county. Sec. IV. Be it further enacted, That the election pre- one in Dooly c^nct?now established at B.B.Rutlands,in the Tenth District removed,00 y of Dooly county, be and it is hereby removed and established at the house of William Posey, in the Fourteenth District of said county. Sec. V. And be it further enacted, That an election one in stew. Precinct be established at the place of holding Justices' ar. established Courts in the Twenty-First District of Stewart county, any law tu the contrary notwithstanding. Sec. VI. And be it further enacted, That the election on-in nan- Prec^nc^ One Hundred and First District, of Han- eoek'removed cock county, known as Sylvan Hill Precinct, be removed to the house of Sterling Evans, of the One Hundred and Fourth District of said county. Sec. VII. And be it further enacted, That the provisions Repealing Act shall iiot go into operation, until the first Tues- clause,"18 day in February next, and that all laws and parts of laws militating against this Act, be and the same are hereby re- pealed. * Sec. VIII. Be it further enacted, That an election pre- Qne. D ^ cinct be and is hereby established at the place of holding tumtnabulha Justices' Courts in One Thousand and Forty-Sixth Dis- ed' rict, G. M., in the county of Decatur. (No. 302.) An Act to create a new precinct in the county of Warren, to be called Bermuda, and for other purposes therein specified. Ap- proved January 22, 1852. precinct cs. Section I. Be it enacted by the Senate and House of RePresentat''ives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That an election precinct to be dhlled Bermuda, be and the same is hereby established in the One Hundred and Fifty-Eighth District, G. M., in the county of Warren, . on the corner of William II. Edwards land, near the shop ELECTION PRECINCTS—1851-'2. 465 Precincts, &c-—Precinct in Talbot. formerly owned by Vincent Johnson, nnder the same rules and regulations as has been heretofore enacted for the gov- eminent of election precincts. Sec. II. And be it further enacted, That two additional Twoestab. election precincts, be and the same are hereby established in Coweta county, one at the place of holding Justices' Courts In the Nine Hundred and Ninety-Second District, Georgia Militia, in said county, and the other at the place of holding Justices' Courts, in and for the Seven Hundred and Forty-Second District, G. M., in said Coweta county, and that the election precinct now existing by law at the house of Daniel Goode, Senior, in Goode's District, in Camp- £nca^bS bell county, be and the same is hereby removed to the place of holding Justices' Courts in said District, and that an additional election precinct, be and the same is hereby established at the Indian Springs,- in Butts county. (No. 303.) An Act to remove an election precinct in the county of Talbot. Approved, January 12, 1852.. Section I. Be it enacted by the Senate and House of Precinct eg_ Bepresentatives of the State of Georgia in General As- ^luhed w sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, tiie election precinct known as Buckner's Precinct, in the Sev- enteenth District of Talbot county, be and the same is hereby removed to the place of holding Justices' Courts in said district. Sec. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. 3d 4:66 EXECUTORS, ADMINISTRATORS, &c.—1851-'2. Ordinaries of Wayne, Bulloch and Montgomery—Allen McWalker's estate. EXECUTORS, ADMINISTRATORS, ORDINA- RIES, &c. TITLE X. No. 304. Ordinaries of Wayne and Bui- No. 307. Relief of R. H. Dixon, Adm'r; loch; " 308. J. Everitt; Adm'r of Susan B. 305. Allen McWalker's estate ; Langston; " 306. Jas. Hightower's estate ; " 309. T. D. Prather and others. (No. 304.) An Act to authorize the Ordinaries of Wayne, Bulloch, and Montgomery counties, to keep their offices at their own resi- dences. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House offices of Or- °f Representatives of the State of Georgia in General wa$S°Bni- Assembly met, and it is hereby enacted by the authority Montgomery, of the same, That it shall and may be lawful for the Ordi- naries of Wayne, Bulloch, and Montgomery counties, to keep their offices at their own residences in said counties, any law, custom or usage to the contrary notwithstanding. Sec. II. And he it further enacted, That all laws and Repealing Parts °f laws militating against this Act, be and the same • are hereby repealed. (No. 305.) An Act to authorize the Ordinary of Upson county to grant Let- ters of Administration on the undivided estate of Allen Mc Walker, late of Upson county, deceased, on certain condi- tions. Approved, December 26, 1851. "Section I. Be it enacted by the Senate and House of Representatives of the State of Georrgia Jn General As- kdministrat'n sembly met, and it is hereby enacted by the authority of w^ePses. the same, That inasmuch as said Allen McWalker died, T!l!onww.to committing by nuncupative will the charge of his children EXECUTORS, ADMINISTRATORS, &c.—1851-'2. 467 Estate of James Hightower. and property to Jesse L. Owen, his brother-in-law, and in- asrnuch as said nuncupative will does not convey the land of said Allen, and said Jesse L. has proven and recorded said nuncupative will, and taken charge of the children and personal property of said Allen, and forasmuch as no person has yet applied for administration on the undivided estate of said Allen McWalker, on account of the amount of security required by law, and said Jesse L. haying charge of said personal property; Be it enacted as afore- said, That the Ordinary of Upson county is hereby au- thorized and required to grant Letters of Administration on the undivided estate of Allen McWalker, deceased, late of Upson county,, without requiring the security n.ow made necessary to be given by law, any law or usage to the con- trary notwithstanding. Sec. II. And be it further enacted by the authority Liability as. aforesaid, That the said Jesse L. Owen, in his said admin- trator. istration, be subject to all the rules and regulations of the Ordinary, usual in cases of administration on estates, and that said Ordinary have full and complete power to inves- tigate by rule the whole proceedings of said Jesse L., in his administration, at any and all times, and for the safety of said estate, to apply all laws now of force to make es- tates secure in the hands of administrators, in the case of said Jesse L. O wen, in administration as aforesaid. (No. 306.) An Act to authorize the Ordinary of Upson county to grant temporary letters to collect the estate of James Hightower, de- ceased, late of Upson county, and take care of the same, pend- ing an appeal, on certain conditions. Approved, ♦December 26, 1851. Section I. Be it enacted hy the Senate and House Admiafetrat'n of Representatives of the State of Georgia in General tower's estate. Assembly met, and it is hereby enacted by the authority 0j?pendentehte- the same, That the Ordinary of Upson county is hereby authorized and empowered to grant temporary letters to collect and tak® care of the estate of James Hightower, deceased, late of Upson county, during the pendency of an appeal touching the will of said James Hightower, in the Superior Court of Upson county, to some responsible 468 EXECUTORS, ADMINISTRATORS, &o.—18Sl-'2. Relief of R. H Dixon—Relief of John Everitt. person, without requiring the usual security in such cases; Provided, That in the opinion of said Ordinary, the pecu- liar condition of said estate makes such a procedure ne- cessary, and the same can be done without materially jeo- pardizing the interest and safety of said estate, any law or usage to the contrary notwithstanding. (No. 307.) An Act to relieve Robert H. Dixon, of Talbot county, from the operation and effect of an Act entitled an Act to regulate the returns of Executors, Administrators and Guardians, approved February 22d, 1850, so far as to prevent a forfeiture of his commissions as Administrator of the estate of A. Bedell. Ap- proved, January 22, 1852. Section I. Be it enacted by the Senate and House comm^on^ of Representatives of the State of Georgia in General H°b7xon° ' Assembly met, and it is hereby enacted by the authority of the same, That the Ordinary of Talbot county shall allow to Robert H. Dixon, Executor of the estate of A. Bedell, his usual and lawful commission as though he had made his returns within the time prescribed by the above reci- ted Act; the omission to make said return being uninten- tional, the said Act of eighteen hundred and fifty not having come to the knowledge of said Robert H. Dixon, any law, usage or custom, to the contrary notwithstanding. (No. 308.) An Act to confer certain privileges upon John Everitt, of the county of Thomas, and to make lawful his acts and give him authority to transact business as though he were of full age, and to authorize Joseph H. Stockton, Administrator of the es- tate of Susan B. Langston, to settle with her heirs. Ap- proved, December 16, 1851. Whereas, John Everitt, of Thomas county, has recently married, and whereas, he is entitled to a. considerable es- i ' 7 EXECUTORS, ADMINISTRATORS, &c.—1851-2. . 169 Susan B. Langston's estate—Privileges granted to T. D. Prather. tate by devise, inheritance and otherwise, and by reason of his minority cannot legally call upon those who hold the same in possession, for payment, for remedy whereof— Section I. Be it enacted by the Senate and House Privileges of Representatives of the State of Georgia in General Hveriu.10 J* Assembly met, and it is hereby enacted by the authority of the same, That the said John Everitt be, and he is hereby rendered competent in law to receive all and every spe- cies of property or money to which he may be entitled, from any Guardian, Executor, Administrator, or Trustee, or any other person holding the same, in any capacity whatever, and to execute all necessary receipts therefor, which shall be binding upon him to all intents and purpo- ses, as fully as if he was of full age. Sec. II. Beit further enacted by the authority afore-his liability, said, That his acts shall be yalid against him, and he is hereby declared to be fully competent to transact business as a citizen of full age, and shall be liable upon his con- tracts, and capable of suing and being* sued, in the same way and manner as is now prescribed by law as to other citizens of this State, any law, usage or custom to the con- trary notwithstanding. " Sec. III. And be it further enacted, That Joseph II. Administer Stockton, Administrator of the estate of Susan B. Lang-°4fmkya?et ston, deceased, late of Columbia county, who died intes-tle with he,rs* tate, leaving an illegitimate child, which has since died, be and he is hereby authorized to settle with and pay over the estate of said Susan B. to her proper heirs-at-law now in life, without any other accountability for the same, un- der the escheat laws of this State. (No. 309.) An Acj to extend certain privileges to Thomas D. Prather, of ihe county of Harris, and to make legal and binding the acts and doings of the said Thomas D. Prather, and for other purposes therein contained ; also, to authorize the sale and conveyance of'certain real estate in Augusta, now belonging to certain free persons of color. Approved, December 17, 1851. Whereas, Thomas D. Prather, of the county of Harris, of the age of twenty years, is desirous of completing his medical education in a few months, and removing to 470 EXECUTORS, ADMINISTRATORS, &a—1851-'2. Betsy Kelly—Robert Harper—Mary Hoxie. the west, and having an estate in the hands of Thomas F. Prather, his Guardian, and it being necessary that he should have the control of his estate to accomplish these objects, and his said Guardian being willing to deliver up said estate to his said Ward, therefore— Section I. Be it enacted By the Senate and House of Privileges Representatives of the State of Georgia in General Ass em- !>r.aPrathfe0r.T' l)ly met, and it is hereby enacted by the authority of the same, That Thomas D. Prather," of the county of Har- ,ris, be and he is hereby authorised and made competent to receive all negroes, monies, titles and effects which are now in the hands of Thomas F. Prather, his Guardian, or any other person belonging to the said Thomas D. Prather, and that all receipts, bonds, and other instruments of writ- ing made by the said Thomas D. Prather, shall be as bind- ing as if he was of lawful age. And, Whereas, Betsy Kelly, a free person of color, has contracted to sell and convey to Eliza Hackett, a lot of land owned by her in t'he city of Augusta; and, whereas, Rob- •ert Harper, a free person of color, has contracted to sell and convey to John Bones a lot of land owned by him in the city aforesaid, and there being no mode pointed out by law for the sale and conveyance of real estate owned by free persons of color— Sec. II. Be it further enacted, That the said Betsy Kel- sale of Betsy ly, by and with the consent of her Guardian, Samuel Rota Harper's H. Crump, and the said Robert Harper, by and with* real estate. ^ consellt 0f his Guardian, Andrew J. Miller, be and they are hereby authorized and empowered, respective- ly, to sell and -convey their lots of land to the said Eli- za Hackett, and to the said John Bones, respectively, and that any deed of conveyance so made shall be good and valid to all intents and purposes, whatever, both as to title and any covenants therein contained. And, Whereas, James Gardner, Trustee, for Mary Hoxie, a free person of color, holds a lot of land as such Trustee, conveyed to him by George Jones and others, which lot of land, situated in the city of Augusta, has been contracted to be sold and conveyed to Charles Catlin— Sec. III. Be it enacted, That the said James Gardner, sale of Mary Trustee as aforesaid, be and he is hereby fully authorized Hoxie s real to gep an(} c)nvey ]0t of land to said Charles Catlin, and his deed of conveyance of the same shall be good and valid to all i stents and purposes whatever. GRANTS—1851-'2. To W. P. Hightower—Jefferson Allford. 471 , GRANTS. title xi. No. 310. To W. P. Hightower. No. 313. To H. S. Roberts. " 311. Inferior Court of Early county. " 314. To T. A. Jones. " 312. To Z. Bonner. ( No. 310.) An Act to authorize a grant to issue to William P. Hightower, of Campbell county, for Fraction Number One Hundred and. Fifty-One, (151,) in the Eighth District of originally Coweta,. now Campbell county; and also a grant to issue to Jefferson Allford, of the county of Upson, for Fraction Number Two, in the First District of formerly Troup now Meriwether county. Approved, January 22, 1852. Whereas, Said Fraction was sold by virtue of an Act assented to twenty-third December, eighteen hundred and twenty-nine, and the entire purchase money having been paid into the Treasury of the State in terms of said sale, which is shown by the original certificate of the Commis- sjoners, now in possession of said William P. Hightower, and a grant fee of Three Dollars having also been paid into the Treasury, and the sale thereof, under the Act of eighteen hundred and forty-seven, suspended by Executive order of the sixth of April, eighteen hundred and fifty—■ Section I. Be it enacted, That His Excellency, the Gov- ernor, cause a grant to issue to William P. Hightower, of Grantt0 issme Campbell county, for Fraction One Hundred and Fifty-One, ; in the Eighth District of originally Coweta, now Campbell county; Provided, That said Hightower, before he receives the grant, shall make the necessary proof to the Governor, that he is the bona fide owner of said certificate. Sec. II. And be it further enacted, That the Governor" cause a grant to issue to Jefferson Allford, of the county of Aiiforii Upson, for Fraction Number Two, in the First District of formerly Troup, now Meriwether county. Sec. HI. Be it further enacted, That all laws and parts Repe&]. of laws militating against this Act, be and the same are hereby repealed, m GRANTS—1851-2. To Inferior Court of Early county—To Zadok Bonner. (No. 311.) An Act to grant unto the Inferior Court of Early county, a strip of unsurveyed land, lying between the district lines of the Fourth and Sixth districts of said county; and to authorize thq Justices of the Inferior Court of said county to have the same surveyed, and sell the same, and to apply the proceeds to the education of Poor Children in said county, and to attach said - strip of land to the fourth district. Approved, January 17, 1852. Section I. Be it enacted By the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority strip of land aforesaid, That the strip of unsurveyed land lying between to irfefioarnted Fourth and Sixth districts of Early county, be and it is jy°connfy^for hereby granted to the Inferior Court of the county of Early, ^ation'a1 to be by them surveyed and sold, and applied in such manner as they may determine, to the education ol Poor Children in said county, and that said strip of land be at- tached to the fourth district of said county. Sec. II. And be it further enacted, That all laws and _ parts of laws militating against this Act, be and the same Repealing r r r i i & & eianse. are hereby-repealed. (No. 312.) An Act to authorize the Governor of the k State of Georgia, to issue a grant for a certain lot of land therein mentioned, to Zadok Bonner, upon the conditions therein specified. Approv- ed, January 22, 1852. Section I. 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 Governor of said State be, and he is hereby authorized, to issue a grant to Zadok Bonner, for toz^Bower?Fraction Number Two Hundred and Eighty-Nine, in the Eighth District of Carroll county, upon the said Zadok Bon- ner's paying the balance o* the purchase money due under , the sale of the said fraction and grant fee ; Provided, That Trnise. it shall satisfactorily appear to the Governor, that said lot or fraction has not been re-sold by the State since the date GRANTS—1851-2. 473 Henry S. Roberts. of the certificate held by said Bonner, and that the grant shall be taken out within six months from the passage of this Act; and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 313.) An Act to authorize a grant to issue to Henry S. Roberts, ille- gitimate, of Swain's district, Emanuel county, to Lot of Land, Number One Hundred and Two, (102,) of the Fourteenth (14) District, Second (2) Section, of originally Muscogee county, and to correct the record in the different offices in relation to said' lot of land, so as to make it appear that said lot of land was drawn by said Henry S. Roberts, instead of Sarah Roberts, as it now stands, and to authorize the cancelling < and destruction of the grant now in existence from the State, to said Sarah Roberts, illegitimate. Approved, January 20, 1852. "Whereas, By a mistake of the Agent who gave in the draw for Henry S. Roberts, illegitimate, of Swain's District, Emanuel county, the name was given in Sarah Roberts, illegitimate; and, whereas, the said name drew lot of land Number Two Hundred and Two, (202,) of the Fourteenth (14) District and Second (2) Section, originally Muscogee Qounty; and, whereas, some person has fraudulently ob- tained a grant to the same, in the name of said Sarah Ro- berts, illegitimate; -and further, that no such individual lived in said district as Sarah Roberts, at the giving in of draws in said lottery, all of which appears by evidence— Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the proper officers of the ^HenrVs."6 State shall issue to Henry S. Roberts, illegitimate, Swain's Roberts* District, Emanuel county, a grant to Lot of Land Number One Hundred and Two, (102,) Fourteenth District, Second Section, originally Muscogee county ; and that they correct the words in the different offices, so as to make it appear that said land was drawn by said Henry S. Roberts, and that the grant now out for said land, in the name of Sarah cancelled. Roberts, illegitimate, be cancelled and destroyed; Provi- ded, The said Henry S. Roberts, or his agents, shall pro-Proviso- duce to said officers said grant, so already issued, before said record be corrected and said grant issued, as provided by this Act. m GRANTS—1851-'2. Thomas A. Jones. (No. 314.) An Act to authorize a'Grant to issue to Thomas A. Jones, to Lot of Land Number Hnndred and Eighty-One, in the Tenth District of Carroll county. Approved, January 21, 1852. "Whereas, Edward Jones, as the next friend of Thomas A. Jones, then of Burford's District, of Oglethorpe county, gave in a draw in the Land Lottery of eighteen hundred and twenty-seven, and by some mistake the name of said Thomas A. Jones was changed to that of Thomas A. Thorn- as, and the lot aforesaid having been drawn by said Ed- ward Jones, as the next friend of Thomas A. Thomas, in- stead of Thomas A. Jones, and said Edward Jones having given in as the next friend of no other person than said Thomas A. J ones, and a grant having issued to said Ed- ward Jones as the next friend of Thomas A. Thomas, in- stead of Thomas A. Jones, and no other person having claimed said lot of land— Section I. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in Gen- eral Assembly met, and it ts hereby enacted by the authori- Grant to issue ^ °f That on the return to the Surveyor Gen- toT^oraisA?eral's office of a grant from the State of Georgia, to Ed- ward Jones, as 'the next friend of Thomas A. Thomas, of Oglethorpe county, to the lot of land hereinafter mention- ed, a grant shall issue to Thomas A. Jones, on his pay- ing the grant fee, to lot of land Number One Hundred and Eighty-One, in the Tenth District of Carroll county; any law, usage or custom, to the contrary, notwithstanding. Sec. IE. And be it further enacted, That His Excellen- Grant fee re- cJi the Governor, be, and he is hereby authorized,#to'have formlr grant. re^un^e(^ fr°m the Treasury, the sum of Five Dollars, that being the amount paid as the grant fee for the grant erro- neously issued, and that the same be paid to Arthur Erwin, of Forsyth county. INCORPORATIONS—1851—'2 Georgia Mechanical and Mannfactnral Institute 475 INCORPORATIONS.* TITLE XII. No. 315. Georgia Mechanical and No. 317. Lanier House Company. Manufactural Institute. " 318. Sparta Hotel Company. 316. Southern Hydropathic Insti- " 319. Oostauaula Fire Company, tute. " 320. Washington Fire Company. (No. 315.) An Act to incorporate the Georgia Mechanical and Manufactu- ral Institute in the city of Macon, and to confer certain privi- leges upon the same. Approved, January 12, 1852. Section I. Be it enacted by the Senate and House of Representatives, of the State of Georgia in General As- S^fcai ^fd sembly met, and it is hereby enacted hy fhe authority ofitsSia^c\nf the same, That Mark A. Cooper, James D. Lester, Jasoncorporated' Burr, A. O. Brown, James Yan Buren, William Taylor, B. P. Griffin, Robert Findley, Charles P. Levy, I. F. Brown, William A. Anderson, T. D. Irvin, E. J. Jones, William II. Pritchard, Lewis Lawshe, Charles S. Oliver, Samuel Griswold, A. F. Sherwood, James Taylor, G. W. Adams, L. F. W. Andrews, W. B.Parker, E. J. Johnson, and their associates and their successors, be and they are hereby con- stituted a body corporate, by the name and style of the Georgia Mechanical and Manufactural Institute for the Purposes, promotion of Art, Mechanics, and other industry and in- genuity in this State, by means of an Annual State Fair of Mechanics, Manufacturers and others. Sec. II. Said corporate body, by that name, shall be and corporate hereby is made capable in law, to have, purchase, receive and possess, enjoy and retain to themselves and successors, lands, refits, tenements, hereditaments, goods, chattels of whatever kind, nature or quality, to an amount not ex- ceeding Fifty Thousand Dollars, and the same to grant, demise, alien or dispose of, to sue and "be sued, to plead and be impleaded, answer and be answered unto in courts of record, or any place whatsoever; also to have and use a common seal, the same- to renew at pleasure, and also to establish such by-laws and regulations as shall seem neces- sary and convenient for said Institute, in conformity with *Only such incorporations are included under this Title as do not appropriate- ly belong to others ; consult other Titles. 476 INCORPORATIONS—1851-'2, Georgia Mechanical and Manufactural Institute—Southern Hydropathic Institute. the Laws and Constitution of this State, and generally to do and perform all and singular, such acts ajid things, as corporations may and do legally prefer for the purpose of carrying into effect the object of the association. Sec. III. Said Institute shall be located in the city of Location at Macon, permanently, unless removed by the votes of two auon' thirds of the members present at any annual meeting, miine of Sec. IY. A majority of the members at any meeting vacancies. may fpi an vacancies caused by resignation or otherwise. Sec. Y. All laws militating against this Act, be and they Repealing i i i l b & ' J clause. are hereby repealed. (No. 316.). An Act to incorporate the Southern Hydropathic Institute. Ap- proved, January 5, 1854. Section I. Be it enacted by the Senate and Ilouee of sonthem^Hy- Representatives of^ the State of Georgia in General Assem- tute fncorpo- bly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, William A Hamilton, Thomas C. Coyle, John W. A. San- ford, Samuel T. Beeeher, and William S. Rockwell, togeth- er with such other persons as may hereafter be associated with them, be and they are hereby declared a body politic and corporate, under the name and style of the Southern pqwematand Hydropathic Institute, located at Milledgeville, Georgia, privileges. anc[ shall be able and capable in law, to receive„hold, use and enjoy, real and personal estate, and the same may grant, sell, alien, demise and dispose of, for the use and benefit of said Institution, and may have and use a com- mon seal, and the same may break, alter or renew, and under the name and style aforesaid, may sue and be sued, plead and be impleaded, answer and be' atiswere aforesaid, That the Secretary of said Company shall issue stock,' &c. to the Stockholders, Scrip for their Stock which shall be evidence of the amount respectively held by them, and that the jnterest of each Stockholder shall be subject to bis debts, by levy and sale, without molesting or interfer- ing with the rights and interests of the other Stockholders. (No. 318.) An Act to incorporate the Sparta Hotel Company, Approved,, January 14, 1852. Section I. Be it enacted by the Senate mid House of Representatives of the State of Georgia in General Assem- bly met, and it is hereby enacted- by the authority of 478 IN CORPORATION S—1851-'2. Sparta Hotel Company. the same, That William Terrell, Thomas Whaley, David Sparu Hotel W. Lewis, Thomas C. Grimes, Theophilus J. Smith, Thorn- wS.111' as M. Turner, James B. Edwards, William Fraley, with their associates, in the building of an Hotel in the village of Sparta, and such other persons as may hereafter be in- terested therein as Stockholders, by subscription to the Capital Stock, or by assignment, are hereby incorporated as a body corporate, by the name of the Sparta Hotel Com- pany, and by that name shall be authorized to receive and Co°wereaMd title to the land on which the Hotel is erected, and S^ges? other lands in and near the village of Sparta, necessary or suitable to the objects of ^aid Company, and to hold such furniture, servants, and other personal property, as maybe deemed necessary and expedient for said object, and the same, from time to time, to sell, exchange, mortgage or lease, and by that name they may sue, and shall be liable to be sued, and may appear in any of the courts of this State; that the Stockholders for the time being shall be liable for the debts of said Company. Sec. II. And be it further enacted by the authority aforesaid, That the aforesaid Company shall be authorized Bmidinss, to erect a building for an .Hotel, and all other necessary and convenient out-buildings connected therewith; and the Stockholders in said Company shall annually, on such Directors, day as they may designate, elect five of their members to be Directors for one year ensuing their election, and until Their powers. others shall be elected in their place; and shall have pow- er to make such rules and regulations in relation to said Hotel and its management, and the officers of said Com- pany, as they may deem expedient, not repugnant to the laws of the State ; and the Directors, under the regulations and rules established, shall have the control of said proper- ty, and the management of the affairs of the Company; and shall, when required by a majority of the Stockholders, in value, sell, mortgage, or lease the common property, or any portion of it; and said Directors -may sue any of the subscribers to the Capital Stock foi; the amount of his sub- scription, or any part thereof, that he may have failed to pay; that Stockholders to the amount of One Thousand Dollars shall have power to call a meeting of the Stock- holders for the election of Directors, or for any other pur- pose appertaining to the interest of said Company, of which meeting, notice shall be given at three or more public* places in the county of Hancock, at least ten days before capital the time of meeting. That the Capital Stock of said Com- we** pany shall be in shares of One Hundred Dollars each, and shall be considered personal property, and shall be trans- INCORPORATIONS—1851-'2. 479 Oostanaula Fire Company. ferable only on the books of the Company, in such manner as the Directors shall prescribe. (No. 319.) An Act to incorporate the Fire Company of the city of Rome, to be known by the name and style of the Oostanaula Fire Company, Number One, and to grant to them certain privile- ges and exemptions, and to. authorize the Mayor and Alder- men of said city of Rome, to levy and collect a tax for the establishment and maintainance of a Fire Department in said city. Approved, January 15, 1852. Section. I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General As- 0o?tanauIa serribly met, and it is hereby enacted by the authority of I the same. That William Johnson, Robert Batty, Nathan ted- Yarborough, S. Gr. Horsey, J. S. Wood, D. Gr. Love, J. W. Langston, and their associates' and successors, are hereby declared to be a body corporate in deed and in name, un- der and by the name and corporate style of the Oostanaula Fire Company, Number One, and by that name shall have perpetual succession of officers and members, and by said corporate name shall sue and be sued, plead and be impleaded, in p?w5eg^I'd any Court of Law or Equity in this State, and shall have power to make and use a common seal, and the same to change or alter at pleasure, and the full and complete power of establishing such constitution, by-laws and regu- lations, as may be framed and adopted by the officers and members of said Company; Provided, That such consti- tution and by-laws and ' regulations, be not inconsistent By"Iaw?- with the Constitution and Laws of this State, or of the United States. Sec. II. And, be it further enacted, That said Company shall have power, and maybe capable of receiving and^raty':oldpro" holding by purchase, gift, grant, or otherwise, all such lands or tenements, or either real or personal property, as may be necessary and convenient for the more effective discharge of the duties of said Company. Sec. III. And be it further enacted, That the said Com- pany may impose fines and enforce collection of the same, by any means hot inconsistent with the laws of this State, and may also expel members with the forfeiture of all in- 480 , IX CORP ORATION S—1851-'2. Oostanaula Fire Company. terest in said Company, under sucli rules and regulations as are or may be by said Company established,, Sec. IY. And be it further enacted, That should the funds of said Company enable them to purchase property reaaSte.iase at any time, they are hereby authorized to purchase and hold any real or personal property, and also to receive any donations, legacies and bequests, which may at any time be made to it, to be held, used and enjoyed, for the pur- poses hereinafter mentioned; that is to say, the rents, is- sues and profits, of all such property, leal or personal, as Make loans Company shall purchase or be interested in, and all the interest of such loans as it may make, shall be used and applied to the purposes of relieving the wants and dis- tresses of its members, their widows and orphans, and for no other use or purpose whatever; Provided, That no- thing in this section shall be construed to forbid said Com- pany making such appropriations out of the proceeds of any property it may hold, as may be necessary for keeping the same in efficient operation. Sec. Y. And be it further enacted, That the said Fire under control Company hereby incorporated, shall be under the super- cfiotRome?"visory and control of the City Council of Rome, Georgia, and shall at least once a . year report to said City Council of the state of their funds, their receipts and disbursements, and the general condition of the Company. Sec. YI. And be it further enacted, Tfiat f6r the en- Exempt from couragement of said Company, the officers and members tiaTndYuly the same, shall be exempt from patrol, militia and jury dut*« duty; Provided, That the said Company shall not exceed at any one time fifty members. Sec.. YII. And be it further enacted, That the City Council of the city of Rome, are hereby authorized and Fhwized?au" empowered to levy and collect an additional tax of fifty per cent, on the amount at present authorized by law, (ex- cepting a poll tax,) for the purpose of establishing and maintaining a Fire Department in said city. INCORPORATIONS—1851-'2. 481 Washington Fire Company. (No. 320.) An Act to amend an Act entitled an Act to incorporate the Washington Fire Company of the city of Savannah, Georgia. Approved, December 19, 1851. Be it enacted by the Senate and House of Bepresenta- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the said Wash- May have ington Fire Company be allowed to have fifty-two mem- meLwL bers, instead of thirty-two, as now provided by their charter. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, cS.ms be and the same are hereby repealed. n 482 JURORS, &c.—18ol-'2. Compensation—Camden. JURORS, COURTS, &c. TITLE XIII. No. 321. Camden—Corporation. No. 328. Hams. " 322. Campbell—Corporation. " 329. Lumpkin, Habersham and " 323. Chatham—Richmond, &c. &c. Murray. " 324. Cherokee—Jurors, Tax Col- " 330. Two panels for Macon—Floyd. lector, &c. " 331. Troup—Adjourned Court, &c.; " 325. DeKalb—Walton, &c. Hall. " 326. Franklin. " 332. Union. " 327. Hancock. (No. 321.) An Act to repeal an Act entitled an Act to compensate Petit Jurors of the Superior and Inferior Courts, so far as regards the county of Camden, assented to 21st December, 1835. Approved, January 12, 1852. "Whereas, The county of Camden is now heavily in debt, and unable from its Treasury to compensate the Petit Jurors of said county, according to the provisions as con- tained in the above entitled Act; and, whereas, the Grand Jury, at the last session of the Superior Court for said county, have recommended the repeal of said Act, in con- sequence of said indebtedness, and the inability of said county to compensate said Petit Jurors, according to the provisions of said Act— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Act of 1835 said Act entitled an Act to compensate Petit Jurors of the Superior and Inferior Courts, so far as regards the county repe ' of Camden, assented to 'twenty-first December, eighteen hundred and thirty-five, be and the same is hereby repeal- ed; and that all laws or parts of laws militating against this Act, be and the same are hereby repealed. JURORS, &o.'—1851-'2. 483 Campbell, Chatham, Richmond, Sumter, Warren, Coweta. (No. 322.) An Act to alter and amend an Act, approved December the 22d, 1847, to compensate the Grand and Petit Jurors of the county of Campbell, and to authorize the Justices of the Inferior Court to levy an extra tax for that purpose. Approved, Jan- uary 22, 1852. "Whereas, By the said Act, approved December twenty- second, eighteen hundred and forty-seven, provision is made for the Justices of the Inferior Court of Campbell county to impose a tax of twenty-five per cent., to compen- sate the Grand and Petit Jurors of said county; and, whereas, the fund so raised is not sufficiently large, for remedy whereof— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted I>y the authority of the same, That from and after the passage of this Act, the certificates of Jurors of Campbell county, shall be paid by ^ppbaejjf the Couhty Treasurer out of the fund raised by the impo- sition of said twenty-five per cent.; and if said fund should be found insufficient to pay all the certificates of Jurors, then those not discharged by the fund so raised as afore- said, shall be. paid by the County Treasurer, out of any money in the County Treasury not otherwise appropriated. Sec. II. And be it further enacted, That all laws and Bepealing parts of* laws militating against this Act, be and the sameclaase- are hereby repealed. (No. 323.) An Act to compensate the Grand and Petit Jurors in certain counties therein named, and to provide for the payment of the same. Approved, January 14, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the Petit Jurors of the county of Chatham, pelit jurors »a who reside without the limits of the city ofs Savannah, c9mSmtion shall be entitled' to the sum of One Dollar per day, for. each day of /their attendance at any term of the Superior m --Richmond, Sumter, Warren, Coweta. JURORS, and Inferior Courts of said county,- to which they may be summoned, either as drawii Jurors or as talismen, which shall be paid byfhe Cpunty Treasurer,f upqn tj^e certificate of the. 'Cleric* of spch. fjoiirt,, and which payments. shall form a^cjbarge'upon the epimty• to be.provided |or by, :thp' Justi- c$3.of ,t hp inferior, CQurt of .isard county,, Sec. II. And be it further enacted, That alljpersons hv- ing one mile beyond the corporate limits of the city of Au- in Richmond, g^tay.who may bp sRmmoned.to attpiiditbe Superior Qotfrts of fiiehmond .county,^'-as Petit > Jurors* shajliSowally be entitled, to recede thesSumof Q&e Dojlareach per. cUy lor sucfe service,. ,•-/]. •. :tv. { >;• m!hi »> y.u.tm ,);§ec. IIU ;And:be it. further, enacted,-;That; the Jury fees and confession.:fees; arising in.all., cases, inlaid Superior How pat. Qourt? and which would of right belong-to,,such Petit.. Ju- • rors,\sh^ll be . paid.over tofhe>01erk of said .Cpurty who shall at the. expiration of ..each week of each-.term-thereof, pay oyerfhe same equally,..to each-.of the; said, Jurors, who 'may .hayeserved,in;said Courfc^.and;to supply laby. balance f iri!; • which.:may her.dne^ithe Clerk:shall giyeto eachdutor a '"LIUA'" certificate of such,balance, :>whieh shall be:a warrant on the County jTreasjirerj to she paidouUof al fund,to bejaised.fo? I thatrpurpose,;jwhich said;fUnd.sbalLbekept!separate^sand I paidiiout .accordingly^ and ■ the*.,Justices i of:, the Inferior Coprfccof /Richmondcbuntyy aie.herebyranthorizedlo levy and;impose? .an additional > tax,nle.: .provides a ."sufficient..fund ... ffiTjfhat/pufpogeC.' = j t:i .us.: j;. And bnjt,Jurthen..:enacted^iThatvall persons who may be empanelled as Petit Jurors* In the Superior inSamter, and Inferior Courts of the county of Sumter, shall be enti- tied to receive the sum of One Dollar each per day, for each day they may serve as aforesaid ; and the Justices How paid, of the Inferior Court of said county of Sumter, are hereby authorized to levy and collect an extra tax, not exceeding twelve and a half per cent, on the State tax, which, when collected, together with the' Jury fees, shall he paid to the County Treasurer, yho shall pay out the same, (pro rata ifrbase 4 sufficient airiountlhp^ aH ismot fais'ed,) upon tlie dertiffeate of thfr Clef®' of th& respective Courts! •;*• Sec. Y. And he it further'enacted, That'the Grand and Petit.Jurors of the county o,f VV arren, shall each he paid piu"jurom in the sum1 of' One\ fPollar per day for eAch" day they' may KSSi. S£ry$;as^aifqrebaid,V to' be. paid'hy thefOphntyTreasurer uppifthe certij^p.^e or. the .Clerks' of the Superior or InfeJ t! t^iWPSBi'respectively, arid'aftlees'now.1 provided b^ law ■ _ - JUItOES; ^ 485 •- • In -Cherokee. - — ~ • ~ - - - — jifce •',tj^© sbajl '''". ppf.gQ info ©peci ,.]intU . $et! ^m© ('reeppa mendedj>$} jtte .Grand, Jury of s^fl (c^ntyj. .anij, ,grj. order pa^'^d by, fh'e Inferipr "Cpu^t.toIparrythp sappe 11^0, pffech'' h . 1 ]\ a §S?i jYI...And, jfe ^.'jfurt^er"p^cted,f tTi#f"all,' persons aenpng as.Pefi't Jurors' in ^.S^pei^jaid Ip^iw, doprts cSw^f8 m o^. £he. cppntyof. ,shall bp enjt^Iod to. roceive. opcb How paid* the huhi of One^ollh-r pgr.c$y9,xrajj&ph,,and:^eypry'day they, may {jserye- asr ufpresaid, 14#d ithje, ipierioh Court of saidbounty ^h^r^by-.i^jlj^pp^d'tp. levy. and hollect ,an foa " ti^ for / ' tpgetljey; ^h- theo&ry ^ fees nbwfif^ioyed,.l)y l^wv.shall .b'e5 pa^.M -tW Owb.ty Xreasurprijpr'Jl^ PTOQse? afprpsaicl, w^p^shall- pay out . Ibe^parapj.pbop^^ cpytiftcatppf .tlj,e Clerks^f. jthe .(^upei^Qr or Jpfpr^oyj Ooprts respefiiiyely. pf, said, county^'; .'; %'" 1' '. r•';■ (No. 324.) An Act to repeal an Act cqpsohdating the pffices of Tax Col- lector and Receiver in the county of Cherokee, passed De- .... somber J9th? lg.49, ,and Jo- butter, provide fiqy paying,the Grapd , /and Petit jurors of §ai.qf -: Gf-oryia iiv fxev&ral Assqjityyimetf. a^d-itfs herebyenmted by .the authority aforqsqiidy'-. That from aptod'"" cent.fjon the, S|atp jta?*?as.di^.theirt jjudgjnent, spificiqut amount,'pf nppney, togethervwith' ad Opurtjfe.es dp wfiich Jurors^-. ape ,jnoy?;,gptitlgd,to,^pd,4Ujh^eafter imposed on and collected from Jurors, as:i, will .-.pay .the Grand :apd;iPetd dllrP¥a Pffhe,Superior anddnferior QpUrts ^'.saidcfiUpty^ih'itte-mauper.h pointed out,,-, M> j»;o ..'.-'SEG^PtijAndbe it fuytheiyenaptedj;jThat it shall b.ejthe Tadiw • duty of the Tax Collector of Cherokee county, to pay to t01''sduty- 486 JURORS, &o.—1851—'2. DeKalb, Walton, Washington, Madison. Fund; how* the County Treasurer the amount raised by this Act to disbursed. pay Jurors, and the County Treasurer shall pay out of said fund to each Petit Juror, who shall serve in the Inferior Court, and to each Grand and Petit Juror who shall serve in the Superior Court of said county, the sum of One Dol- lar per day for his service, on said Jurors presenting to said Treasurer a certificate from the Clerk of the Court in which he has rendered the service, certifying to the num- ber of days which said Juror has served. Sec. IV. And be it further enacted, That the Act re- pealed by the said Act of the nineteenth day of December, dZ."'s eighteen hundred and forty-nine, be and the same are hereby revived, so far as relates to Cherokee county. Sec. Y. And be it further enacted, That this Act shall Re eaiin take effect from the date of the repeal of the before recited eiSing Act; and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 325.) An Act to compensate certain Grand and Pttit Jurors in certain counties therein named, and provide for the payment of the same. Approved, January 17, 1852. Section I. Be it enacted by the Senate and House of Grand jurors, Representatives of the State of Georgia in General As- Lnd waiton . ' sembly met, and it is hereby enacted by the authority of the same, That all persons serving as Grand Jurors of.the counties of DeKalb and Walton, shall receive the sum of One Dollar per day for each and every day they may re- spectively serve as aforesaid, which amount shall be paid out by the County Treasurer, upon the certificate of the Clerk of the Superior Court of said counties, respectively, Ejctratax. and f°r the payment of the same, the Inferior Courts of said county are hereby authorized and required to levy an extra tax, not exceeding twelve and a half per cent, on the State tax ; Provided, The Grand Jurors of said coun- ties shall at the Spring Term thereof, in each year, recom- mend the same. Sec. II. And be it further enacted, That all fees now special jury required by law to be paid to Special Jurors, shall be paid cffi!dt0 to the Clerks of said Superior Courts, who shall pay over JURORS, &c.—1851-2. •487 DeKalb, Walton, Washington, Madison. the same to the County Treasurer, to form a part of the ♦ Jury fund for the purposes aforesaid. Sec. III. And be it further enacted, That all persons who Perjurors;* may serve as Petit Jurors in the Superior and Inferior county?st0tt Courts of the county of Washington, shall be entitled to receive the sum of One Dollar per day for each day they may serve as aforesaid. Sec. IV. And be it further enacted, That the fees now how paid, allowed by law to Petit Jurors in said county, shall be re- ceived by the Clerks of said Courts, who shall at the close of said Courts pay to each Juror his proportionable part of the money raised as aforesaid, and to give to the said Jurors 'a certificate of the balance due him, which certifi- eate the County Treasurer is hereby authorized and requir- ed to pay out of a fund to be raised for that purpose. Sec. V. And be it further enacted, That the Jus- Extra tax. tices of the Inferior Court of said county of "Washington, are hereby authorized and required to, levy and collect an extra tax, not exceeding twenty-five per cent. on. the State tax, which tax, when collected, shall be paid to the County Treasurer, for the purposes aforesaid. Sec. VI. Be it further enacted, That the Petit Jurors of perjurors ia Madison county, shall be entitled each to have and receive the sum of One Dollar per day for each day they may serve as Petit Jurors in the Superior Courts of Madison county, or as Petit Jurors in the Inferior Courts of Madi- son county, by the Treasurer of said county, out of the fund to be provided for that purpose. Sec. VII. And be it further enacted by the authority Extra tax. atoresaid, That the Justices of the Inferior Court of Mad- ison county, be and they are hereby authorized to levy and impose an additional tax to the county tax upon the State tax of said county, sufficient to provide a fund for the purpose contained in the foregoing section of this Bill; jProvided^ The same shall be recommended by the Grand Jury of said county. Sec. VIII. And be it further enacted by the authority aforesaid, That all Jury fees heretofore paid to Petit Ju-toOie^.pai rors in the Courts aforesaid, shall be paid to the Clerks of said Courts, which shall be turned over by him or them to the county Treasurer, and shall constitute a part of the Jury fund of said county. Sec. IX. And be it further enacted by the authority Dnty of aforesaid, That it shall be the duty of the Clerks of saidClerks* Courts to make out a list of names of the several Petit Ju- rors who shall have served as Petit Jurors, at the end of each term of said Courts, designating the time that each Juror 488 JURORS, &c.—lS51-'2. Franklin. liad served, and that the County Treasurer shall therefore pay over to said Jurors the sums that may appear to be due, upon application for the same, any law to the contra- ry notwithstanding. repealing Seo. X. And be it further enacted, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 326.) An Act to compensate Grand and Petit Jurors of Franklin coun- ty. Approved, November 22, 1851. Section I. Be it enacted by the Senate and House of Be- Grand and ^W68&ntative8 of the State of Georgia in General Assembly TeStJnrore in met, (wid it is hereby enacted by the authority of the same, That from and after the passage of this Act, the several ' citizens of Franklin county, summoned to attend the seve- now paid.. ral Superior and Inferior Courts of said county as Grand and Petit Jurors, and who shall attend the same, shall each be entitled to receive from the Treasurer of said coun- ty, the sum of' One Dollar per day for each and every day he may give his attendance; Provided, That to entitle a Juror to receive the compensation aforesaid, he shall have the certificate of the Sheriff countersigned by the presiding Judge, or Justice of the Inferior Court, of the time he has served, which certificate shall be a warrant for the sum al- lowed, and a voucher to the Treasurer for paying the same. Sec. II. And be it further enacted by the authority Extra tax, aforesaid, That the Inferior Courts of said county, be and they are hereby authorized and required to levy an extra tax for the purpose of paying said Jurors. Sec. III. And be it further enacted by the authority jnry fee paid aforesaid, That the Clerks of the Superior and Inferior to cierks. Courts, shall collect all the fees now paid to the Jurors on confessions or verdicts, and pay the same over to the Trea- surer, which shall become a part of the Jury fund. Sec. IV. And be it further enacted by the authority fe.*0 teke aforesaid, That this Act go into effect on the first of August next. Sec. V. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating against cause. this law, be and the same are hereby repealed. JURORS, &c.—1851"-'2. 489 Hancock—Harris. (No. 527.) An Act to repeal a portion of the Act to compensate Petit Ju- rors in the county of Hancock. Approved, January 12, 1852. Be it enacted by the Senate and House of Representor tives of the State of Georgia in General Assembly met, amd it is hereby enacted by. the authority of the same, That so much of the Act of the General Assembly of this Actgiving State, entitled an Act to compensate Petit Jurors in the county of Hancock, approved on the twenty-third day ofrepealed-' February, eighteen hundred and fifty, as directs the pay- ment of a fee to the Jury on the trial of slaves and free persons of color, be repealed. (Ho. 328.) An Act to compensate the Petit Jurors of the county of Harris. Approved, December 4, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all fees for verdicts, and all confessions in the Superior and In- ferior Courts of said county, except such as may be obtain- ed before a Special Jury, shall hereafter be paid to the respective Clerks of said Courts, which shall constitute in their hands a common fund, to be called the Jury Fund of Harris County. Sec. II. Be it further enacted by the authority afore- said, That the Clerks of the said Superior and Inferior Petit Jurors; Courts shall, at the close of each term of their respectivehowpald' Courts, pay each Petit Juror out of the said funds so placed in their hands, the sum of One Hollar per day for his ser- vices, and if there should not be sufficient of said funds in the hands of said Clerks, then the Clerk of the Superior Court where the Juror served in the Superior Court, and the Clerk of the Inferior Court where the Juror served in the Inferior Court, shall give each of said Jurors a certificate for such balance, which the County Treasurer of said county 490 JURORS, &c.—1851-'2. Lumpkiri, Habersham, and Murray. shall pay out of the county funds in his hands not other- wise appropriated. Sec. III. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating clause, against this Act, be and the same are hereby repealed. (No. 329.) An Act to prescribe the mode of compensating the Jurors of the Superior and Inferior Courts of the counties of Lumpkin, Habersham and Murray. Approved, January 15, 1852. Section I. Be it enacted by the Senate and House of. Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it be^ecicEed^by shall and may be lawful for the citizens of the counties of Lumpkfn, Lumpkin, Murray and Habersham, who are subject to do "dbMumiy. jury duty in either the Superior or Inferior Courts of said counties, and who are otherwise entitled to vote for mem- bers of the General Assembly of this State, to vote by bal- lot, the amount in dollars or cents, which they may desire to be the per diem pay of the Jurors, who may serve at either of the Courts aforesaid, during the year in which said election and voting are had and held. Sec. II. Be it further enacted, That said balloting or election shall be held on the first Monday in January in every year, and shall be opened and held at the different precincts in said counties, and managed and conducted in the same manner as now prescribed by law for holding elec- tions for county officers. Sec. III. And be it further enacted, That it shall be the duty of the Superintendents at the several precintcs in said counties aforesaid, to make due return of the number of votes polled, and the sum or sums voted for in the respec- tive precincts, in the same manner as is now prescribed by law for certifying returns of elections of county officers, and the same shall be counted, added, compared and con- solidated, in the same manner now prescribed bv law for counting, adding, and consolidating the returns of the elec- tions of county officers of this State. Sec. IY. And be it further enacted, That it shall be the duty of the Superintendents at the Court-house, after as- Election; Low held. Return of election. JURORS, Ac.—1851-'2. 491 Lumpkin, Habersham, and Murray. certaining by a consolidation of the whole vote polled at Duty of s«. the several precincts, the amount in dollars or cents, which SSu'ng received the highest number of votes, to certify the amounttheretum3> so receiving the highest number of votes, and deliver said certificate and amount voted for to the Clerk of the Supe- rior Court. Sec. Y. And be it further enacted, That it shall be the duty of the Clerk of the Inferior Court, upon receipt of£0u^°^nfe* said certificate of the Superintendents aforesaid, or.within five days thereafter, to notify the Justices of the Inferior Court of their respective counties, that such certificate is of file in his office, and the said Justices, or a majority of them, are hereby required to meet at the Court-house'with- in five days after receiving the notice aforesaid, and they, or a majority of them, are hereby required and authorized to assess a tax extraordinary upon the State tax, sufficient Extra tax. to raise an amount equal to the sum voted for by a majority of the votes cast, and certified to by the Superintendents, including the jury fees now payable for verdicts and con- fessions in the Superior and Inferior Courts, and all other funds now appropriated [by] for jury purposes, in said counties. Sec. YI. And be it further enacted, That the said tax extraordinary so assessed, shall be collected by the Tax «TT eollect' Collector of said counties, and paid over to the Treasurers of their respective counties; and the said Tax Collector shall receive the same pay and per cent, for collecting the same, as they are now allowed by law for collecting taxes for county purposes. Sec. YII. Be it further enacted, That it shall be the Jury fees paid duty of the Clerks of the Superior Courts and Clerk of In- tolwty ferior Courts, to pay over to the County Treasurer all the fees collected for verdicts and confessions, which shall be- coftie a part of the jury fund of said counties. Sec. YILI. Be it further enacted, That it shall be the duty of the Clerk of the Superior and Clerk of the Inferior juro£cates t0 Court, to give to each and every Juror a certificate, show- ing the number of days, and the Court at which said Juror served, which said certificate the County Treasurer is hereby required to pay when presented, according to the amount of the per diem pay herein before provided for ; and the said County Treasurer shall retain in his hands for receiving and paying out the same, the sum of two and a half per cent, on the amount received from the Tax Col- lectors, as his fees for disbursing the same. Sec. IX. And be it further enacted, That it shall be the duty of the County Treasurers of the respective counties 492 JURORS, &c.—185i-?2'. , , .iJ AJ... ,1 ,3 — Drawing Jurors for Macon and Floyd. Report of mentioned in this inferior Court, on orbeiorg.tfye first^ondpy.fp January, in each year, the amount recoivq A Aopi.;M1®, Tax Collectors of their respective counties? together i^it^ fDie, amount, paid out and disbursed, according to the provisions" of .tips Act. Sec. X. And be it, further, Yn^ted, ,^h^; all laws and Repealing Parts °f ^aws militating, against' tjiis Act, be and the same are hereby repealed.' ,T',^ «V,V.;b m" i ! t Ml ■ • 'h'.i.U 0 . !:"JtJ.I V ,'j ' ;i' iint ;r ii'jii u " i'.< ' 1 .:.i'■ nn\ .m .urn . u -i jfi '• i j ."Jifjir 1; :,:'i jjn;:,' v; "> fMi U 11! n' .. ;);: i /1 * ill ;.V 0 M 'I ,} [! ; u .iis iM.ifi •> i.uTi;' io,.;ro , *•: -c o An Act to authorize; the1 "Ridge. of th'ef 'Supefibt' ''Co'Arts of the county of Macon, to draw1 two'panels of'Grand, and two pan- els of Petit Jurors'; d&A'fo'keqftifretftd Jii#fces'6f thfe'Jn'ferfoV Court of said county, :or: a'Ahajdrity bf • thefn, torhdet at tliefr Court-house on the'first Monday in»'Febrtia!ry hOxt, todraivbh additional panel of Grand and Petit Jurors, to serve at'the next term of said Superior Courtp anid to* authorize the. Judge of the Superior Court of Floyd county,to"draw .'threei panels of Grand and Petit Jurp.rs* toiserve'.one,.week]each. -.Appfcov- ed, December 26, 1851.-^ < v :,i " Section I. Be llfy.\ 'pie^mdieffmd'i 'itityM of Representatives of tKe State'of* Georfia^finfGeneral, Asse7)ibly met, and it is, hereby enacted tiy tKe authority of the same, That from and. AftftFbAe 'Passage of .tihjs Act, it shall and may be lawful '^br.thd^jiu^* 9$ dbp Suppripr Gmnd^ndof Court of Macon conhly^at 'eacji tp.rpi. thereof, to, draw tw() bldmwnto0panels of Grand Jurors,to se^vcuVtjQ succeedingJehn?;tbe Maconcoun- £rgfc g0 drawn to be foowA. as jhanpl' l^iuiilber OnevAnd the second as panel 'XumAeE.^Two; ^sor .two'panels, pf Petit Jurors, to be numbers,j.ani^ jje? jg^atjsA ^Tjke ipan- ner, and that panel Xumfier .One be suAppned j;o attend apd serve for the first week, of said;'terpq. ;"pud p^el/.Xtimber Two, to serve, commencing,pnAfopddy of thq, s^jpnd ,wee^> the balance of the ternp.-A f'f "n '/J' V i • Sec. II. And be'" ifcJ ^fpiJijerj* epj&ted^'Jpy 'th^/autlidiqty aforesaid, That the. Jp^iceAoO^.Cpprt ,ot:-said inferior court county, or a majori^.AOhem,. A&in^hbrj^ea ^hd,fequh'o4 neXtt«i?r by this Act, to meet at"fjh^iA tfie fpst-Jfe' day in February ne'xt,A^W aPaddpionaTpanelpf Grand and Petit Juror's %"'t^e3next term rofi' said'SUperpf Court, said panels to "be known as panels Xumbers Two, JURORS, &o.—1851-»2. 493 - - Adjourned Courts legalized, &c- and to be summoned to serve as such at said term, accord- ihg to' the -provisions of this5 'Act.!i / SEpJIII.1 And be it further enacted by the authority afore-Three panels' satid,1!' That ' theJudge;; of1 'the1 Superior Court in Floyd wuS.,d "county, be authorized to draw Grand and Petit Jurors for thren pahelsy t6: serve'We 'week each, at each and every tetfn'of sa$d?'Sftjjerior'Cottor-'jUix,'! ^Sec: ITl; Ahd'b&' it fiirffi^r ehabted by the authority Repealing aforesald/; That alb laws 'bFp^ts'br laws militating againstclau,e' this!Act, b'e 'Uhd the s&'hib are: hereby repealed. cr-m j ilm: Aso: o >;.) r.,i: mi- .!M_. o i!.ir;i"3 >j;>: a m. i;;,; 'loh, iiifi Ji 1:0..' ono TJI! I/J I • pitruuD*. o tjc"'. mi >.<:' o v.vnf n m(iKoo33R.j.-.; fo .'icoiio i:?- 1 (t viu.cr A# rAcij rtp.ieg^ilizff(the Noyeiflber a^journejd terms, eighteen hun- .gdred^and. fifty-one,,pf the ^uperiqr; Courts of the counties of f UeaTd,and?Tr^up,,and to ^fhorize, the,. Clerks of the Courts f.of. iQ^h,to.^^^fpmertaiix,.papers tp the Clerks of the Courts jjpf '^aujdipg,ff ana,\J;p...susp!ehd,. for ra limited time, an Act to ..ppmpepsate.'.Grand'"and Fejtit1 jurors\of'the several counties ''herein named, assented to UeCehiber 23d, 1837, so far as re- gards the county "of Hall, and to authorize the Inferior Court of Paulding to draw Grand and Petit Jurors in certain cases and for certain purposes. Approved, January 1, 1852. Section I. Be it enacted by the Senate and House Adj0I1med of Representatives of the State of Georgia in General T^'county sembly met, and it is here&y enacted by the authority ofhgalized- the same, That the holding of the Superior Court of the county ofi Heard^fori-thefijUoyemberjTerm, eighteen hun- dred and fifty-one, adjourned to; he held on the third and fourth Mondays in December, eighteen hundred and fifty- ohe;:ahd themoldiiig ofrthe^Shf^ibr Court of the county off Trbiipi,Tot the TTbVember Tenth eighteen hundred and fifty-One;'adjoiirned to' bc held On the first Tuesday and. sefcohd yMbhdaydh: Jahfiar^,1 eighteen hundred and fifty- twoJ,beiand;dhd'same'are hereby made legal and binding ih. feFdhy f espe^,'ak^ fully: and' amply1 as if the same had been held the Regular term Of the; "saline, any law to the cdh'trdFy nbtwithstandiiigii£ u 11 .1 m';•• 1 ^"Sec. II. Re lt-fhrther enhCfedj'Tlifit all cases now pend-r* iri^ Ifi the Cburts: bf! the county of Cobb, together with all wrilfijiy£ecfitlon&,5 aM^dtH'er'^ispefs to which the parties * iiiterebted';haVe beefr ciifOff from the county of Cobb and )!!.;• L« El.OIL iVrio-? rr.-n t/vi -n ^ 494 JURORS, &c.—1851-'2. • Jurors in Union. attached to the county of Paulding, shall he transferred to the county of Paulding by the Clerks of the courts of Cobb county, to the Clerks of the courts of Paulding county. Sec. III. Re it further enacted by the authority afore- compensation said, That "an Act to compensate the Grand and Petit Ju-' m nau repeal. rorg ^ gUperj;or anq Inferior Courts of the several counties herein named, and to provide for the payment of the same" assented to twenty-third December, eighteen hundred and thirty-seven, be and the same is hereby sus- pended, so far as regards the county of Hall, until a Court- house is erected and paid for in said county of TIall, and no longer. Sec. IY. And be it further enacted, That from and after inf. court in the first day of April next, the Inferior Court of Paulding thorizedgtou" county shall be authorized and required to draw one panel draw Jurors. Qrand Jurors and two panels of Petit Jurors, to serve during the next term of the Superior Court for said coun- ty, and two panels of Petit Jurors, to serve during the next term of the Inferior Court of said county, and that the Justices of the Inferior Court of Paulding county be and they are hereby authorized to draw panels of Grand and Petit Jurors for the next term of the Superior Court of said county. (Ho. 332.) An Act to compensate the Grand and Petit Jurors of the county of Union. Approved, January 22, 1852. Section I. Be it enacted ly the Senate and House of Grand and . Representatives of the Slate of Georgia in General As- U)!ion.urorBm sembly met, and it is hereby enacted by the authority of the same, That all persons who may be summoned to at- tend the Superior and Inferior Courts of the county of Union, as- jurors, shall, as aforesaid, severally be entitled to receive seventy-five cents each per day, for each day he may serve as aforesaid, and shall receive two cents per mile going to and returning from said courts, to be given under oath, counting the nearest practicable travel route. Sec. II. And be it further enacted by the authority How paid, aforesaid, That the entire fees now allowed by law to said juries shall be received by the respective clerks of said JURORS, &c.—1851—'2. 495 Jurors in Union. courts of said county, who shall, at the close of each term of said courts, pay over to each juror his proportionable part of the money raised as aforesaid, and to give said ju- ror a certificate for the balance due him at the rate above mentioned, which certificate shall be paid by the County Treasurer, out of the county fund, and shall be a sufficient receipt for said County Treasurer. Sec. III. And be it further enacted by the authority Extra tax. aforesaid, That for the purpose of raising a fund for the ■ payment of said jurors, the Justices of the Inferior Court of said county are hereby authorized to levy an extra tax upon the citizens of said county, not exceeding twenty- five per cent, upon t,he general State tax, to carry this Act into effect. Sec. IY. And be it further enacted by the authority Repeal^ aforesaid, That all laws militating against this Act, be andcause* the same are hereby repealed. m LEGITIMATES'G ACTS, &c.—1851-'2. Martha R. Harvey—M. G. and G. Y. Nelson. LEGITIMATING ACTS AND CHANGE OF NAMES. TITLE XIV. No. 333. M. R. Harvey. " 334. M. g. afad c. y. Nelson. " 335. w. Hadaway. " 336. A.Jackson. " 337. John Sheahan. No. 338. Eliza Jarratt. " 393. R. Fenn, and others. " 340; M. J. Brooks. " 341. Asa Couch. " 342. Sundry persons. (No. 333.) An Act to change the name of Martha R. Harvey, to Martha R. Dixon.. Approved, January 20, 1852. Section I. Be it enacted by the Senate and House of Martha Bepresentatives of the State of Georgia in General As- R?Dixon. " sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the hame of Martha R. Ilarvey, of Sumter county, in said State, be changed to Martha R. Dixon, any law, usage or custom to the contrary notwithstanding. (No. 334.) An Act to change the names of Martha G. Nelson and Charles y. Nelson to the names of Marfha G. Caldwell and Charles Y. Caldwell. Approved, January 20, 1852. Section I. Be it enacted by the Senate and House m. g. and c. of Bepresentatives of the State of Georgia in General A5- m. G?laa0nri'c° sembly met, and it is hereby enacted by the authority of y. caldwell. same, That the names of Martha G- Nelson and Charles Y. Nelson, infant children of the said Martha G. Nelson, of the county of Pike, in this State, be and the same are hereby changed to the name of Martha G. Caldwell and Charles Y. Caldwell, and that as such they shall hereafter be called and known in all courts of law and equity. Sec. H. Be it further enacted by the authority afore- Eweaiii* said, That all laws and parts of laws militating against aos* this Act, be and the same are hereby repealed. LEGITIMATING ACTS, &c—1851-'2. . 49T William Hadaway—Andrew Jackson. * • (No. 335.) An Act to repeal so much of an Act to change the names, and le- gitimate the persons therein named, and for other purposes, approved February 16th, 1850, so far as relates to the change of the name of William Hadaway. Approved, January 20, 1852. Section I. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia in General Wm. Hada. Assembly met, and it is hereby enacted by the authority ofw&.Actte the same, That so much of the above recited Act as relates to the change of the name of William Hadaway, be and the same is hereby repealed. (Ho. 336.) An Act to alter and change the name of Andrew Jabkson, of the County of Telfair, to that of Andrew Jackson Passmore, his reputed father. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Bepresentatives of the State of Georgia in General As- a. Jackson t® sembly met, and it is hereby enacted by the authority of more" anfV the same, That from and after the passage of this law, that gltira"t3d* the name of Andrew Jackson, of Telfair County, be changed to that of Andrew Jackson Passmore, his reputed father, and that he be fully legitimated, and made an heir at law, and entitled to all the* rights and privileges he would have enjoyed had he been born in lawful wedlock, and he be made capable of inheriting the estate both real and per- sonal, of John Passmore, his reputed father. Section II. And be it further .enacted, That all laws and RePeaim parts of laws militating against this Act, be'and the sameclause' . are hereby repealed. 32 498 LEGITIMATING ACTS, &c.—l851-'2. John Sheahan—Eliza Jarratt. (No. 337.) An* Act to change the name of John Sheahan, of the county of Chatham, to the name of John Theodore McFarland, and to al- . low and qualify the said John, under the name of John Theo- dore McFarland, to inherit property from John McFarland, of Chatham county. Approved, January 22, 1852. Section- I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it .is hereby enacted by the authority of toT.Sf the same, That the name of Johnj Sheahan, of the coun- iesitfmated°d ty of Chatham, shall he,' and the same is hereby changed and altered, to the name of John Theodore McFarland, and that the said John, under the name of John Theodore 1 McFarland, be and he is hereby made able and capable of inheriting property, real or personal, of John McFarland, of Chatham county^ in case the said John McFarland, of Chatham county, shall depart this life intestate, in every respect as if the said John Sheahan were the son of the said John McFarland, of Chatham county. (No. 338.) An Act to change the name of Eliza Jarratt, of Harris county, to that of Eliza Hatchett. Approved, January 20, 1852. Section I. Be it enacted by the Senate and House of Eliza Jarratt Representatives of the State of Georgia in General As- Hatelfett. sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the name of Eliza Jarratt, of Harris county, be changed to that of Eliza Hatchett. Sec. II. And be it further enacted by the authority afore- Repealing said, That all laws, and parts of laws militating against cians*. this Act, be and the same are hereby repealed. LEGITIMATING- ACTS, &c.—1851-'2. Robert Fenn—William O'Neal—Margaret Jane Brooks!^ 499 (No. 339.) An Act to alter and change the name of Robert Fenn, formerly of Clarke, now, Wilkinson county, to that of William Robert Fenn ; also, the name of William O'Neal, of Lowndes county, to that of William Lindsey, and to legitimate and change the names of certain persons therein named. Approved, January 22„ 1852. Whereas, William was the giVen name of the father of the said Robert Fenn, and said father having no son by the name of William, and said Robert being anxious to have and receive the given name of his said father— Section. I. Be it enacted by the Senate and House of no bert.Fenn Representatives of the State of Georgia in General Ms- Ro^It'Sn. sembly met, and it is hereby enacted by the authority of the Same, That the name of Robert Fenn is hereby alter- ed and changed to that of William Robert Fenn. Sec. II. And be it further enacted, That the name of wiiiiam os William O'Neal, of Lowndes county, be changed to that nlm LiSy. of William Lindsey. Sec. III. And be it further enacted, That the name ofM A j Mary Ann Jane Perry, be changed to Mary Ann Jane^/ Y^mp Kemp, and that she shall be entitled to inherit any portion^ icgitima' of the estate of James Kemp, of Muscogee county,-as ful- ly as if she was his natural and legal child. And that an orphan boy, now under the protection of Robert Kyle, which child has no name, and whose parents are unknown,Robert Kyle' be made and established the lawful heir of the said Robert Kyle, and be known and called by the name of Benjamin Allen Kyle. (No. 340.) An Act to change tb& name of Margaret Jane Brooks, a mino child of William Brooks, of Oglethorpe county, to that o( Margaret Jane Chappel, and to make her the heir at law, John B. Chappel and Margaret W. Chappel his wife, also of said county of Oglethorpe. Approved, January 22, 1852. Whereas, The said John B. Chappel, and his wife, Margaret W. Chappel, are desirous of adopting as their child and heir at law,' Margaret Jane Brooks, minor child 500 t LEGITIMATING- ACTS, &c.—1851-'2. Margaret J. Brooks—Asa Couch. of William Brooks, of said county of Oglethorpe, and to have the name of said Margaret 3ane Brooks changed to that of Margaret Jane Chappel, the said John B. and Mar- garet W. Chappel having sent to this General Assembly their written memorial to this effect. Section I. Be it enacted By the Senate and House m j brooks ^ ^eBTesen^'wes °f ^ie State °f Georgia in General toeiMand made Assembly met, and u is hereby enacted by the authority of IldE came, That from and after the passage of this Act, the chappei. ' name of the said Margaret Jane Brooks, be and the same is hereby changed to the name of Margaret Jane Chappel, and the said Margaret Jane is hereby made the heir at law of the said John B. and Margaret W. Chappel, and capable of inheriting from said John B. and Margaret W. Chappel, as if she were the daughter and child of the said John B. and Margaret W. Chappel together, and born in lawful wedlock. (1ST0. 34:1.) An Act to change the name of Asa Couch of the county of El- bert, and for other purposes. Approved, January 19, 1852. Section I. Be it enacted By the Senate and House of Representatives of the. State of Georgia in General As- a. Duncan1,0 sernbly met, and it is hereBy enacted by the authority of andiegitim '*• the same, That the name of Asa Couch of the county of Elbert, be changed to that of Asa Duncan, and that the saidAsa Duncan be and is hereby legitimated and enti- tied to all the legal rights and privileges that he would have been entitled to had he been born in lawful wedlock, any law to the contrary notwithstanding. LEGITIMATING ACTS, &c.-1851-'2., 501 Names of various persons changed and legitimated, (No. 342.) An Act to change the names and legitimate the persons therein named, and for other purposes. Approved, January 21, 1852. Section I. Be it enacted fiy the Senate and House • of Representatives of^ the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that the name of Hampton Brickie be changed to that h Brickie, of Hampton Tanner, his reputed father, and that he be entitled to all the rights and privileges he would have enjoyed, had he been born in lawful wedlock; and that the name of Dennis Bates, an illegitimate child, of the d Bates, county of Carroll, and Catharine M. .Huff, of the county c m Huff, of Carroll,.be changed, the one to the name of Dennis Steadham, and that he be declared the legal heir of Adam Steadham, senior, in said coqnty, and that he be entitled to all the rights and privileges he would have enjoyed had he been born in lawful wedlock; and the other, to that of Catharine Williams; and that Josiah Wallace Davis be, WDaviSj and he is hereby adopted as the child of Jonathan Scroggins, to all intents and purposes, and that he shall be fully capa- ble of taking, receiving, and inheriting the'estate, both real and personal, of the said Jonathan Scroggins, according to the statute of distribution; and that the said Jonathan Scroggins shall have and be entitled to the control, man- agement, and guardianship of the said Josiah Wallace Da- vis, as fully as if he were his real and legitimate son ; and that the name ,of George Washington Lester, of the county g vv Lester, of Bulloch, be changed to that of George Washington Wil- liams ; and that the names of Chester Gosa, Mary Gosa, cGoya, ^ Julius Gosa, of the county of Cass, be changed to that of J Go°saa.,an Chester Hawks, Mary Hawks, and Julius Hawks, and that they are,hereby ma.de the lawful heirs of Chester Hawks, deceased, capable of inheriting from and through him, in the same manner as though they had been born his cliil- dren in lawful wedlock; and that the name * of Stephen s Eltonj Elton, of the county of Houston, be changed to that of Stephen Elton Jordan-, and that he be capable of taking and receiving all manner of property, by virtue of the statute of distribution; and that the name of John For-tJ0lWarren" tesque Warrenton, and Mary Cornelian Masterton, of the ^n? Master" county of Chatham, be and the same are hereby changed from Masterton to Hover; and that the name of .Matthew m Hester, Hester, of Laurebs county, to that of Matthew Smith; and also the name of Christopher C. Williams, of Lowndes ccwaiiams 502 LEGITIMATING ACTS, Ac.—18ol-'2. Names of various persons changed and legitimated. s a Griffith, county, be changed to that of Chistopher C. Robinson; and that the name of Sarah Ann Griffet, of the county of of Emanuel, be changed to that of Sarah Ann McLeod, her reputed father, and that she be entitled to all the rights and privileges that she would have enjoyed, had she been born in lawful wedlock; and that the name of N ancy Giter, of the comity of Harris, be and the same is hereby changed to that of Nancy Hall, and that she be fully legiti- mated, and made the heir at law of Levi Hall, her repu- ted father, and that she be as capable of inheriting the es- tate of her reputed father, as if born in lawful wedlock; and that the name of Catharine Merideth, of Muscogee county, be and is hereby altered and changed to that of Catharine Smith; and that Jcsiah Smith and his wife, Sarah, shall have the legal claims of said child, as its law- ful parents; and that the name of "William Alfred Low be changed to that of William Alfred Owen, and the said William Alfred is hereby ma^e and declared to be a law- ful heir to the estate and property of John H. Owen, of Forsyth county ; and that the name of William Decatur McDowel, of the county of Rabun, be and the same is changed to that of William Decatur Page, and that he be entitled to all the rights and privileges of inheriting ac- cording to the sta'tute of distribution, as if born in lawful wedlock, so far as relates to the estate of Harman Page, of the county of Rabun; and that the name of James Nor- man, of the county of Jasper, is hereby changed to that of James Courtney Clark, and that he be declared legitima- ted, and capable of inheriting any real or personal estate of Courtney J. Clark, of Jacksonville, in the State of Ala- bama, his reputed father, as fully and completely as if born in lawful wedlock; and that the name of William Lump- wl sailors, p-n Sailors be changed to the name of William Lumpkin m acawider Wright; and that the name of Mary Ann Catharine Cawl- e der, be and the same is hereby altered and changed to that of Mary Ann Catharine Roberts, and made the heir of Henry S. Roberts, of Clinch county, as if she had been bom in lawful wedlock; and whereas, also, Richard Boggs, of the county of Clark, is desirous of adopting as his child and heir at iaw, Sarah Caroline Patterson, a minor child, which he has taken to live with him as a member of his family, and to have the name of said Sarah Caroline Pat- terson, changed to that of Sarah Caroline Boggs— Sec. II. Be it therefore enacted, That from and after s c Boggs to Passa«e this Act, the name of Sarah Caroline Pat- s c^Pafereon, terson, a minor female child, residing in Clark county, be otRB^gVand the same is hereby changed to the name of Sarah N Gitor, C Meredith, W d Mo- Dowel, LEGITIMATING ACTS, Ac.—1851-'2. 503 Names of various persons changed and legitimated. Caroline Boggs, and tlie said Sarah Caroline is hereby made the heir at law of the said Richard Boggs, of Clark county, and capable of inheriting, from said Richard Boggs,' as if she were the daughter and child of the said Richard Boggs, and born to him in lawful wedlock. Sec. III. Be it further enacted, That from and after the passage of this Act, the "name of Salvina Yelitia Tilley,s Tiiie^and Crelonia T. Tilley, Angiroria Sophia Tilley, and Marianna walker.0 L. Tilley, of the county of Muscogee, be changed to that 6f Walker, the name of their reputed father, and be enti- tied to all the rights and privileges they would have en- joyed, hadfthey and each of them been born in lawful wedlock; and that they, the said Salvina and Crelonia T., Legitimate4 Angirona S., and Marianna L., are hereby declared to be fully and completely legitimated as the children of John T. Walker, their reputed father, and they are hereby made capable of inheriting any real or personal estate from their reputed father, John T. Walker, or from any other person or persons, according to the statutes of distribution 5f this State, as completely as if the said named children had been born in lawful wedlock. Sec. IY. Be it further enacted, That from and after the passage of this Act, the name of William Wesley Owens, of the county of Washington, be and the same is hereby Barwick* changed to" William Wesley Barwick; and that the name of Josephine Yickry, Mary Yickry, and Josephus Yickry, and of the county of Forsyth, be and the same is hereby chang- gS&jsi ed to that of Josephine Cobb, Mary Cobb, and josephus a * Cobb; and that they be entitled to all the rights and privi- leges that they wouid have been entitled to, had they been born in lawful wedlock; and they are hereby made capa- ble by this Act, of taking, receiving, and inheriting all manner of property under thev statute of distributions of this State, so far as relates to the estate of P. J. Cobb, of Forsyth county ; and that the name of William Ililliard, w HuuaJ(Jt( of the county of Wayne, be and the same is hereby chang- akl0so1 ed to William Wilkinson. Sec. Y. And be it further enacted, That all laws orRepealin parts of laws militating against this Act, be and the same clause. are hereby repealed. m LOTTEBIES—1851-»2. Greene and Pulaski Monument. LOTTEBIES. title xv- (Bo. 343.) An Act to amend an Act, to amend an Act authorizing certain Commissioners to raise by Lottery, a fund for the erection of monuments to the memory of Greene and Pulaski, in the city 'of Savannah, passed December, 1837 ; and the original Act, of which the same is am amendment. Approved, January 22, * 1852. _ •_ Section I. Be it enacted by the Senate and House of Representatives' of the State of Georgia in General Asseiywly met, and it is hereby enacted by the authority of* the same, That from and after, the passage of this Act; STppohited whereas, four of' the Commissioners appointed by the ' above entitled Acts for the management of the said Lot- tery, and the funds raised by the same, have ceased to act by reason of death and removal; that, to supply said va- cancies, the following named person, to wit: Bichard D. Arnold, be and he is hereby appointed Commissioner, in the place and stead of the said Commissioners who have ceased to act as aforesaid, and is hereby vested with all the powers and authority conferred upon the said original Commissioners by the several Acts above referred to, and to which this Act is amendatory. PARDONS—1851-22. B. Bishop—k. P. Boon. 505 PARDONS. * TITLE XVI. No. 344. Bishop, B. No. 347. Johnson, J. " 345. Boon, K. P. " §48. Mouchet, J. " 346. Cornett, G. D. (No. 344.) An Act tcj pardon Brinkley Bishop, of-the county of Bibb, now under the sentence of death for the crime of murder. Approv- » ed, November 28, 1851. •Section I. Be it enacted■ by the Senate and House of Representatives of-the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Bill, Rrinkley Bishop, of the county of Bibb, now under sen- ^r^3nhe°dpfor tence of death for the crime of murder, be and he is hereby murder? or pardoned of the said crime of murder, and relieved from the pains and penalty of the same, and that the Sheriff of the said county of Bibb, upon the production of this Bill, properly certified as having passed into a law, do discharge the said Brinkley Bishop and permit him to go free. (No. 345.) An Act for the pardon of Kinchen P. Boon, now confined in the Penitentiary for life, for the crime of murder. Approved, January 15, 1852. Section I. Be it enacted by the Senate a/nd House of Representatives of the State of Georgia in General As-' sembly met, and it is hereby enacted by the authority of the same, That Kinchen P. Boon, of the county of Greene, K. p. Boon now confined in the Penitentiary for life, upon a convic-for murder, tion of murder' by evidence purely circumstantial, be and he is hereby pardoned of the said offence of murder, of which he now stands convicted, and relieved of said sen- 506 PARDONS—;L851-'2. G. D. Coraett—James Johnson. tence of confinement in the Penitentiary for and during the term of his natural life, and upon the production of this Bill to the keeper of the Penitentiary, properly certi- fied as having passed into a law, he the said keeper of the Penitentiary is authorized, and hereby directed, to dis- charge the said Kinchen P. Bopn, and permit him to go free and without hurt. (No. 316.) An Act for the pardon of Garland I). Co'rnett, of the county of Morgan, now under the- sentence of death for the crime of murder. Approved, December 4, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- semhly met, and it is hereby enacted by the authority of the same, That Garland D. Cornett, of the county of Mor- foigan, now under the sentence of death upon a conviction of murder, be and he is hereby pardoned of the said of- fence of murder, and relieved from the said sentence of death, and that the Sheriff of said county of Morgan, upon the production of this Bill, properly certified as having passed into a law, discharge the said Garland D. Cornett, and permit him to go free without hurt. (No. 317.")' An Act for the pardon of James Johnson, of the county of Bald- win, under the sentence of death for the crime of murder. Approved, November 28, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of j join son for That from and after the passage of this Act, murder!011 or James Johnson, of the county of Baldwin, now under the sentence of death upon a conviction of murder, be and he PAKDOMS—1851—'2. 507 J,. Mouchet. is hereby pardoned of said offence of murder, and relieved from the penalty of the same, and that the Sheriff of said county of Baldwin, upon the production of this Bill pro- perly authenticated as having passed into a law, do dis- charge and relieve the said James Johnson, and permit him to go free, without hurt. CN"o. 348.) An Act to pardon James Mouchet, convicted of murder on cir- cumstantial evidence. Approved, January 22, 1852. "Whereas, At a Superior Court held in and for the county of Oglethorpe, at April Term, (1846) in the year $f our Lord one thousand eight hundred and forty-six, James Mouchet was convicted of the crime of murder and sentenced by the presiding Judge to imprisonment in the Penitentiary , of this State for and during the term of his natural life— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assem- My met,and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the said James L mulder!* Mouchet be and he is hereby declared to be fully, freely, and entirely pardoned, and exonerated and discharged from the pains and penalties of his said conviction and sentence, as freely, fully and entirely, as if such conviction and sen- tence had never taken place. 503 . PEDLAES—1851-'2. License fees in Pike, Franklin, Sumter and Stewart. PEDLAES. TITLE XVII. No. 349. In Pike—Franklin, &c. No. 350. Fee in Lee. Foreigners in Bulloch. " 351. James a. Straynge. * (Ho. 349.) An Act to amend an Act entitled an Act to alter and amend the several Acts in relation to itinerant traders, and to prescribe the mode of their obtainiftg license, approved November 27, 1845, so far as to increase the tax on said itinerant traders, in the counties of Pike, Franklin, Sumter and Stewart; also, to, pre- vent the issue of license to peddle to any other than citizens of the United States, for any county in this State, except Bulloch. Approved, January 22, 1852. Whereas, The lowest sum authorized to be assessed as a tax on itinerant traders by the Inferior Courts, is Fifty Dollars; and, whereas, The said Courts usually put the tax down to said sum of Fifty Dollars, thereby greatly in- creasing the number of said traders, and injuring the coun- ty, for remedy whereof— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, a/nd it is hereby enacted by the authority of Franklin, the same, That from and after the passage of this Act, the Stewart, not Inferior Courts of the counties of Pike, Franklin, Sumter I'mless lhan and Stewart, shall impose such tax on all itinerant traders within the limits of the said counties of Pike, Franklin, Sumter, and Stewart, as in their judgment may seem most advisable; Provided, however, That the tax imposed by said Inferior Courts, shall in no case be less-than Five Hundred Dollars, for a license to peddle for twelve months from date of said license, within the limits of sasd coun- ties ; Provided, That nothing in this Act be so construed as to prevent persons from peddling on such articles as are exempt., under present laws. foreigners ai. Sec. II. And be it further enacted, That no license dlejn Buf.e * shall be granted to any person other than a citizen of the 00' United States, to peddle in any county of this State; *Pro- * See a similar provision in the Public Acts—Title "Pedlars." PEDLARS—1851-'2. 509 Fee in Lee county. vided, however, The Justices of the Inferior Court of the county of Bulloch, may grant license to any person to ped- die in the county of Bulloch, on such person paying into the hands of the Clerk of the Inferior Court of said county, the sum of Twenty-Five Dollars, though the said Justices' may restrict such person, and take such bond or obligation from such person as they think their interest deemed. Sec. III. And be it further enacted," That all laws and replug parts of laws, militating against the provisions of this Act, be and the same are hereby repealed. (No. 350.) An Act to alter and amend the first section of an Act entitled ' an Act to alter and amend the several Acts in relation to itine- . rant traders, and to prescribe the mode of obtaining license, approved, November 27th, 1845, so far as respects the county of Lee. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passage ofFee inLee this Act, the before recited section be so changed and al-|goo?ss tliali tered as to require the Justices of the Inferior Court of Lee county, to require a license tax of not less than Two Hundred Dollars from all Pedlars or itinerant traders, to 1 entitle them to trade within the limits of said county of Lee. Sec. n. And be it further enacted, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. i 510 PEDLARS—1851-2. James A. Straynge. (No. 351.) An Act to authorize James A. Straynge, an infirm man of the county of Jackson, as an itinerant trader, to vend any goods, wares or merchandize, within the Sixth Congressional Dis- trict, without obtaining license for the same. Approved, Jan- uary 19, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General As- sembly met, and it is hereby enacted by the authority of the same, That James A. Straynge, an infirm man of the county of Jackson, be and he is hereby authorized as an Jre1'withoufa intinerant trader, to vend any goods, wares or merchan- license- within the Sixth Congressional District, without the license and paying the tax as now required by virtue of the several laws of this State governing said traders ; Pro- vided, That he shall first take and subscribe an oath be- fore one of the Justices of the Inferior Court of said county, that the business that he is authorized to pursue is for the benefit of himself and family alone, and that he will'not vend any spirituous liquors, wine or cider, to any person whatever. Sec. II. And be it further enacted, That all laws and Cause.1113 parts of laws repugnant to this Act, are hereby repealed. PIIYSICIANS^1851~'2. G. L. Bird and others. 511 PHYSICIANS. TITLE XVm. No. 352. Certain Homoeopathic Doctors. No 354. W. E. Wilson. " 353. It. C. McCulloch, &c. (No. 352.) An Act to authorize George L. Bird, of the county of Talia- ferro, Frederick Shaffer, of Muscogee county, L. D. Wyat, of Gordon county, T. Battle and Henry L. Battle, of Han- cock county, William B. Richards, of Lumpkin county, Wil- liam C. Dob.bs, of Floyd county, B. H. C. Bonner, of the county of Cass, H. H. Lumpkin and Daniel B. Head, of the county of Carroll, Frederick Freeman, of Clarke county, and Leander B. Battle, to practice Physic on the Homoeopathic system, and to charge and collect compensation for their ser- vices. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, .That George L. Bird, of the county of Taliaferro, Frederick Shaffer, of Muscogee county, L. D. Wyat, ofando'tw Gordon county, T. Battle and Henry C. Battle, of Han- practice Phy- cock county, William B. Bichards, of Lumpkin county, opathi?^.03" William C. Dobbs, of Floyd county, B. H. 0. Bonner, ofi&I.lthout the county of Cass, H. H. Lumpkin and Daniel B. Head, of the county of Carroll, Frederick Freeman, pf Clark county, and Leander B. Battle, to practice physic on the Homoeopathic system, and to charge and collect compen- sation for their services, be and they are hereby authorized to practice physic in this State on the Homoeopathic sys- tem, and to charge and collect for their services such Tea- sonable compensation as licensed physi«ians may now do by law, by their paying the same tax as imposed upon licensed physicians. .Sec. II. And be it further enacted, That all laws and parts of laws militating against this Act, be and the same ciS36 are hereby repealed. 512 PHYSICIANS—1851-'2. R. 0. McCulloch, B. Kerby, W. E. Wilson. (No. 353.) An Act to authorize Robert C. McCulloch, of the city of Griffin, and county of Spalding, to practice medicine upon the Dutch and Indian system of practice, and to charge therefor ; and to allow Bailey Kerby, of Rabun county, to practice medicine, and charge for the same. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and, it is hereby enacted by the authority of the same, That from and after the passage of this Act, Dr. cuibehTau. Robert C. McCulloch, of the city of Griffin, and county of practice on Spalding, be and he is hereby authorized to practice Indian sys. medicine on the Dutch and Indian practice, and to charge tems- therefor. Sec. II. And be it further enacted by the authority afore- Ma said, That suits brought by said McCulloch for professional fees!recover services, shall be collectable at law, under the same rules , and regulations as the fees of other practicing physicians of this State, any law, usage or custom to the contrary notwithstanding. Sec. III. And be it further enacted by the authority b. kerby ai. aforesaid, That Bailey Kerby, of the county of Rabun, be lowed toprac- aRowec[ to practice medicine and charge for the same. (No. 354.) An Act to authorize William E. Wilson, of the county of De Kalb, to practice medicine, charging compensation therefor. Approved, January 17, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority aforesaid, That William E. Wilson, of the county of De- sOTaUowSoRalb, be and he is hereby authorized to practice medi- practice. cine as though he were of full, age, and to charge, receive, and collect by law, reasonable compensation for services rendered as such physician ; Provided, He shall receive a diploma from a Medical College; any law, usage or cus- torn to the contrary notwithstanding. PILOTAGE—1851-'2. Port of Darien. 513 PILOTAGE.* TITLE XIX. . (Mo. 355.) An Act to repeal an Act to authorize the citizens of Mcintosh county, to elect Commissioners of Pilotage for the Port of Da- rien, and to regulate the fees of the same, approved January 18, 1850, and for the purpose of altering the time, mode and manner of electing said Commissioners, and for other purposes therein mentioned. Approved, January 14, 1852. "Whereas, The above entitled Act, approved, January eighteen, eighteen hundred and fifty, has been found de- fective and insufficient for the purposes for which it was intended, for remedy whereof— Section I. Be it enacted by the Senate and House ofAelof lm Bepresentatives of the State of Georgia in General As-repea,eiL sembly met, and it is hereby enacted by the authority of the same, That from and- after the passage of this Act, the above entitled Act, approved January . eighteenth, eighteen hundred and- fifty, be and the same is hereby re-' pealed. Sec. II. And be it further enacted by the authority SSrlrafe" aforesaid, That on the first Monday of February next, 3^°* there shall be elected by the citizens of the Two Hundred and Seventy-First District of Mcintosh county, entitled to vote for members of the General Assembly, five persons, resident citizens of the said district, who shall be known as the Commissioners of"Pilotage for the port of Darien, and river Altamaha, and the inland rivers and barsj in- eluding St. Catharine's bar; who shall hold their offices for the term of two years, and until their successors shall be elected and qualified ; which said election shall be held in the city of Darien, on the said first Monday in February next, under the superintendence of a Judge of the Inferi- Ev«y oi* Court or a Justice of the Peacq, and two freeholders,,eais* and at the same time and place on every two years there- *The compiler had some doubts about placing this as a Local Act. He adopt- «d this as the place where it would most probably be looked for. 33 514 PILOTAGE—1851-'2. Port of Darien. after; and that the five persons having the highest num- her of votes at such election, shall he declared to he the Commissioners aforesaid. Sec. III. And be it further enacted by the authority rowew of af°resaid3 That the said Commissioners so as aforesaid Commission- elected, shall he vested with all the powers and authority vested in Commissioners of Pilotage, under the Act enti- tied an Act to regulate the pilotage of vessels to and from the several ports of this State, approved December sixth, seventeen hundred and ninety-nine and all the subse- quent Acts passed amendatory thereof, and now of force in this State, and subject to all the duties and restrictions therein contained. Sec. IY. And he it further enacted by the authority re® of Pi- aforesaid, That the fees of the pilots of the said port of lots* Darien and river Altamaha, and duly licensed and ap- pointed to act as such by the said Commissioners elected as aforesaid, shall be entitled to demand, have, receive and sue for, the same fees for pilotage and detention of vessels as are allowed to the pilots of the bar of Tybee and river Savannah, and the statutes of this State applicable to .the same. Sec. Y. And be it further enacted by the authority Noaebut citi-aforesaid, That no person shall be elected or appointed a lotef10 pi" pilot by said Commissioners who is not a resident citizen of this State. Sec. YI. And be it further enacted by the authority certain OT af°resaid5 That no owner or part owner of any steam saw sons faerie mill in the county of Mcintosh, or any owner or part own- 5oneTmls" er of any ship or vessel coming to or sailing from the port of Darien, and residing in the said county of Mcintosh, • shall be eligible to the office of Commissioner of Pilotage for the said port of Darien and river Altamaha. Sec. YII. . And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating *lanse- against this Act, be and the same are hereby repealed. RELIEF—1851-'2. 515 E. A. Anthony—E. Brown. RELIEF.* TITLE XX. No. 356. E. A. Anthony—E. " 357. J. J. B.. Crawford. " 358. E. .7. Dnnrefi. " 358. E. J. Dapree. " 359. J. Green. " 360. S. G. Foster. Brown. No. 361. J. G. Grisham's sureties. " 362. W. G. Jacobs, and others. " 363. J. Stewart. " 364. M. Young. (No. 350.) An Act for thd relief of Elizabeth Ann Anthony, wife of La- voise L. Anthony, of Richmond county; and also of Eleanor Brown, of the city of Augusta. Approved, December 16,1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly' met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act,E Antho_ Elizabeth Ann Anthony, wife of La voise L. Anthony, of the county of Richmond, be and is hereby authorized to con -feme's™™ tract and be contracted with, as a feme sole, and to carry on business on her own account, and for her own use and benefit, (notwithstanding her coverture, and that her future acquisitions of any description of property, shall not be liable for any debts or contracts, whatever, of her said hus- band. Sec. II. And be it further enacted, That Eleanor Brown, * of the city of Augusta, wife of John M. Brown, be and she lEowTto is hereby authorized to carry on business on her own ac- privilege.*5 count; to purchase, hold, and dispose of property in her own name, and for her own and sole use, and to sue and be sued, as if she were a feme sole, and that all her future acquisitions shall be exempt from liability for the debts or contracts of her said husband, and not subject to his con- trol. * For some of the Acts relieving minors from the disability of minority ,se# Title X, Executors, fyc.—Acts, Nos. 308, 309. 516 RELIEF—1851-'2. J. J. B. Crawford—E J. Dupree. (No. 357.) An Act to relieve James J. B. Crawford, of the county of Madi- son, from the disabilities and protection of minority. Approv- ed, January 22, 1852. Section I. Be it enacted by the Senate and IIov.se of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of j j b Craw. same, That James J. B. Crawford, of the county of t^om disabii'i- Madison, be and he is hereby fully relieved from all and ty of minority. every disability incident to his minority, and is hereby made capable of the transaction of all lawful business, un- der the same rules and regulations, and with all the rights, and subject to all the liabilities, which he would have and be subject to, if he were twenty-one years of age; any law, usage, or custom, to the contrary notwithstanding. (No. 358.) An Act to authorize Elijah J. Dupree, of the county of Pauld- ing, a minor, to transact his own business, in the same man- ner, and subject to the same responsibilities, as though he was of full age, and for other purposes. Approved, January 22,- 1852. ' Section I. 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 e..t. dupree the same, That from and after the passage of this Act, relieved trora .. i t- Vv * / /» -r* i • ° • i miftSyot' Elijah J. Dupree, ot the county ot 1 aul ding, a minor, be minori an(j js hereby authorized to transact his own business, and manage his own property, in the same manner, to the same extent, and subject in every respect to the same lia- bilities for any contract or act done by him, as though he was of the full age of twenty-one years. guardian^u. Sec. II. And be it further enacted j That the said guar- »eujezwitif dian may settle with his said ward, as if of the age of twenty-one years. Re ^ Sec. III. And be it further enacted by the authority «iaSw.ins aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. RELIEF—1851-'2. 51 J. Green—S G. Foster. (No. .359.) An Act for the relief and benefit of Jemima Green, of the coun- ty of Irwin. Approved, January 8, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, Jemima Green, of the county of Irwin, wife of James tii0?i/eedltoU* Green, be and she is hereby authorized to contract and be jL°"a/cwe&c" contracted with, sue and be sued, as a feme sole, notwith-soU- standing her coverture; and that all property hereafter acquired by gift, purchase, inheritance, or in any other manner, and all such property as may have hitherto de- scended to her by any of the means before specified, but not reduced to possession, shall be free from liability for the debts or contracts of her said husband; and such pro- perty acquired by her shall vest absolutely in her, and not in her said husband; and the same to dispose of by deed, grant, or will, as she may think properProvided, That in any controversy with the creditors ot her husband, the onisprobandi shall be on the part of the said Jemima. Sec. II. And be it farther enacted by the authority Repealin„ aforesaid, That all laws and parts of laws repugnant to this clause. Act, be and the same are hereby repealed. (No. 300.) An Act for the relief of Sarah G. Foster, of Butts county, and to grant her certain privileges. Approved, January 20,1852. "Whereas, Thomas Foster, husband of Sarah G. Foster, of Butts county, has committed a crime for which he has fled the country; and whereas, Sarah G. Foster does not desire J;o be divorced from her said husband— Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia iri General As- sembly met, and it is hereby enacted by the a/uthority of the same, That the said Sarah G. Foster, be, and she isg G Fogtw hereby declared and constituted, a feme sole, so far as to authorized^ authorize her to contract and be contracted with, to sue and Ssa a be sued, and to authorize her to do all things which, mh# 518 RELIEF—1851-'2. D. Hicks and others—W. G. Jacobs, A. E. Waller, Lewis C- Pearson, and S. Jackson. married women are now by law authorized.to do, except to marry. Sec. II. And be it further enacted, That all laws and Repealing parts of laws militating against this Act, be and the same clause- are hereby repealed. (No. 361.) An Act for the relief of Daniel Hicks, Edward H. Garrett, John R. Scurry, and Joseph Reeves. Approved, January 12,1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Securities of Clerk of the Superior Court of Chattooga county, and the h'ara'reiieved. Solicitor General of the Cherokee Circuits, or either of them, be and they are hereby required to enter full satis- faction on the judgment entered and the execution issued thereon, if any, by reason of the forfeiture of a bond against Daniel Ilicks, Edward II. Garrett, John R. Scurry, and Joseph Reeves, security for James M. Grisham; Pro- vided, That the said securities pay all the cost that has accrued in prosecuting said bond to 'judgment. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating against Giause. ^.g pe anq the same are hereby repealed. (No. 362.) An Act for the relief of William G. Jacobs, of the county of Gwinnett, and for the relief of Adaline E. Waller, formerly Adaline E. Flowers, of Troup county; also, for the relief of Lewis C. Pearson, and of Susan Jackson. Approved, Janu- ary 15, 1852. Whereas, At the last term of the Superior Court of the fcounty of Gwinnett, a final verdict was rendered, granting RELIEF^-1851-2. 519 James Stewart. a divorce, a vinculo matrimonii, in favor of Martha Ann, Jacobs vs. said William G. Jacobs, npon proof of aban- donment, only; and, whereas, said William G. is an or- derly and is considered a pions citizen of of said county, and one deserving the favorable consideration of this Gen- eral Assembly, therefore— Section I. Be it enacted, by the Senate and House w g.. jacobs of Representatives of the State of Geqrgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act said William G. Jacobs be and he is hereby fully relieved from all liabilities and disabilities by him incurred in con- sequence of his intermarriage with said Martha Ann, and of the rendition of said verdict, except his liability for the support and maintainance of the female child, the issue of said marriage, any law, usage or custom, to the contrary notwithstanding. Sec. II. Be it further enacted, That Adaline E. Waller, a. e. waiier of the county of Troup, formerly Adaline E. Flowers, be maS'afi! relieved from all disabilities by reason of a divorce having been granted to her husband, Joseph T. Waller, and that she be allowed to marry again, in the same manner as if she had never been married. t. Sec. III. And be it further enacted, That Lewis C. l. c. peatso* Pearson, of Richmond county, (whose wife, Mary S. Pear- maw'alfin? son, has been divorced from him) be and he is hereby per- mitted to marry again, without incurring any legal penalty thereby. Sec. IV. Be it further enacted, That Susan Jackson, ofs. Jackson, the county of Randolph, formerly Susan Standley be enti-abo' tled'to all the privileges and benefits of this Act. (No. 363.) An Act to authorize and enable James Stewart, an alien born, resident in the county of Pike, to purchase, hold and convey real estate within this State. Approved, December 3, 1851. Be it enacted by the Senate and House of Represent- atives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That James Stevart, an alien born resident of the county re^vedlSL of Pike, be and he is hereby authorized to purchase, re^MST91" 520 RELIEF—1851-'2. Margaret Young. ceive by gift, devise, or otherwise, hold and convey any real estate, or right or nse growing out of the same, within this State. (No. 861.) An Act to allow Margaret Young, late Margaret Oliver, to marry a^ain, and for her relief. Approved, January 8, 1852. "Whereas, Margaret Young, late Margaret Oliver, was recently totally divorced from her husband, James Young, jr., by the Superior Court of Scriven county, Georgia; and, whereas, such divorce was had for absence of the "said Margaret from her husband, for more than three years — there being, however, no charge or suspicion against her of any criminal conduct whatever— Section I. Be it enacted By the Senate and House of M.Yonng a*. Representatives of the State of Georgia in General As- SSfwSb. sembly met, and it is hereby enacted by the authority of, the same, That it shall and may be lawful for the said Mar- garet to marry again, in the life-time of the said James, her late husband, free from any penalties and pains for so doing. Sec. II. And be it further* enacted by the authority Repeaiimg aforesaid, That all laws and parts of laws militating ,kESe' against this Act, be and the "same are hereby repealed. RIVERS AND DAMS—18ol-'2. C. D. Stewart and others. 521" RIYERS AND DAMS. TITLE XXI. (No. 365.) An Act to grant and secure to Charles D. Stewart, and others, • proprietors and corporators of the "Columbus Factory,'/' the Tight to erect and keep up a dam across a portion of the Chat- tahoochee river. Approved, December 2, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That Charles D. Stewart, John Fontain, Julius c. n. stewart R. Clapp, Ilenry R. Miegs, and George Stewart, Trustee twizehcuoau" of Henrietta H. Meigs, proprietors and corporators of theacrol Columbus Factory, and their successors, a company incor-hoochee" porated under the Act of eighteen hundred and forty- seven, be allowed, and they are hereby authorized, to erect, keep up and maintain a wing dam in the Chattahoochee river, irom the east bank of said river, abutting on Frac- tion Hinety-Two, and running to a small island in said river; and that they be permitted and empowered to join said dam to, and erect, keep up and maintain its wes.ern abutments at, against, and upon either or any of the 'small islands in the Chattahoochee river, opposite their present milling, manufacturing, and tanning establishment. Sec. H. And be it further enacted, That said dam shall Not more not extend more than one-third of the distance across the«haimiofUie main channel of the river. 522 EOADS, BEIDGES, AND FEEEIES—1851-'2. #Road Laws in Baldwin county. EOADS, BEIDGES AND EEEEIES .* TITLE XXII. No. 366. In Baldwin county; No. 370. In Mcintosh county; • " 367. In Chatham " " 371. Anderson's Bridge; " 368. In Columbia and Jefferson co. " 372. It. McCroane's Bridge. • " 369. Iu Mcintosh county; (No. 366.) - An Act amendatory of the General Road Laws of this State, so far as relates to "the county of Baldwin. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House control of of Representatives of the State of Georgia in General win county Assembly met, and it is hereby enacted by the authority of- rior Court. the same, That from and after the passage of this Act, the entire direction, control and supervision Of the public and other roads, in the county of Baldwin, be and the same is hereby vested exclusively in the Inferior Court of Baldwin county, with full power to levy taxes for the repair and improvement of the public roads of said county, or to adopt such other mode or means' therefor, and under such regulations as they may make in relation there'- to, as 'also to authorize by them the appointment of Com- missioners of Eoads, and Superintendents ol Eoads, for a term not exceeding two years. Sec. II. And be it further enacted by the authority uuty of rnfe-aforesaid, That for the purpose of the public roads being wiatEn'there. kept in good order, the said Justices shall first declare, by an order on their minutes, what roads are public market roads, and from the returns of white male persons and male free negroes, and male slaves liable to work on roads, under the provisions of this Act, made' to them by the Superintendents of Eoads, the said Court shall, with the assistance of the Commissioners of Eoads, if in attend- ance, proceed to allot and assign all persons, free or slave, to some particular road or roads, which allotment .shall * For Act establishing Ferry across Flint river, see Act No. 242. For other Bridges, see the same Title,-Part II. ROADS, BRIDGES, AND FERRIES—1851-'2. 523 Road Laws in Baldwin county. continue of force until altered by tlie Court, and an entry be made thereof on the minutes of the Court. Sec. III. And be it further enacted by the authority lists of hands aforesaid, That a list of all white males, from the age ofroaddu0^0 eighteen years to forty-five, as also of all male slaves and free negroes, from sixteen t,o fifty years of age, shall be made by the Superintendents of Roads, who, for this pur- pose, are hereby authorized to call upon owner, or mana- gers of slaves in the absence of the owner, for a list of the names of said negroes, which shall be rendered upon oath, in writing, to said Superintendent, who is hereby author- ized to administer the oath. Sec. IV. And be it further enacted by the authority proceedings . aforesaid, That for the purpose of enforcing a full return, Entg Roads, or Superintendent, shall be permitted to decline orserve' refuse serving, under a penalty of Twenty Dollars, to be collected by execution, issued by the said Court, therefor; Provided, That no one shall be compelled to serve for two successive periods of two years. Sec. VI. And be it further enacted by the authority slave nnabie aforesaid, That if, from any cause, any male slave liable reported!how to road duty, be in a condition which unfits them for such service, they shall be reported by the owner or manager to the Superintendent, when he warns or notifies them cf the time of working on the roads, and if falsely or untruly re- ported, the owner or manager shall be fined for the ab- sence of such slave, Two Dollars per day during the period realty for of time in which the other hands are engaged in working asereport' on the road. , . , Sec. VII. And be it further enacted by the authority compensation aforesaid, That with a view to promote the proper execu-dJy the authority of the same, That from and after the passage of this Act, Powers of whenever any Magistrate's district shall be left without a e.°.n,n,>asiM" Justice of the Peace, it shall not be necessary that one of the Road Commissioners of said district be a Justice of the Peace, but three Commissioners shall be appointed by the Justices of the Inferior Court, who shall have full au- thority to administer oaths to persons subject to road du- ties, and shall possess such other powers and be subject to such other regulations, as now provided for by law. Sec. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against aose' 1 this Act, be.and the same are hereby repealed. 520 ROADS, BRIDGES, AND FERRIES—1851-'2. Iu Mcintosh county. (No. 369.) An Act to alter and amend the Road Laws, so far as they refer to Mcintosh county, so as to relieve the hands subject to road duty who are resident wpon Sapelo Island, .from working the roads upon the main land. Approved, January 22, 1852. I Section I. 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 Hands on sa- the same, That all the hands resident upon Sapelo Island, exemptYram who are subject to road duty at the present time, and who mafniawi.9" may hereafter become subject to the same, be and they are hereby relieved from working the roads upon the main land. k5Ec. II. Be it further enacted by the authority aforesaid, Repealing That all laws and parts of laws militating against this Act, cianse. an(^ j-pg same are hereby repealed. (No. 370.) An Act to exempt certain persons, of Mcintosh county, from road duty, and for other purposes therein named. Approved, January 19, 1852. Whereas, There are a sufficient number of slaves in the county of Mcintosh to keep in good order and repair the several roads in said county; and, whereas, the white citi- zens of the eastern half of said county are already ex- empted from road duty ; and, whereas, the citizens of the west half of said county ask the same right of exemption— Section I. 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 citizen? in the same, That the citizens residing in the western half ortEerncouuty of said county be exempted from road duty, so long as by roadmdi»ty?m other labor they keep the roads in their particular districts in good order, any law, usage or custom, to the contrary not withstanding". EOADS, BRIDGES, AND FEEEIES—1851->2. 527 ' In Burke, Emanuel, and Bulloch counties. (No. 371.) . An Act to authorize Augustus H. Anderson and Moses P. Greene, to erect a bridge across the Ogechee river, on their own land, in Burke county, and on the land of Daniel Kent, in Emanuel county, for which they have obtained the perpet- ual privilege from Daniel Kent, the owner of said land, in the county of Emanuel. Approved, January 15, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately alter the passage of a. a. aruw. this Act, Augustus II. Anderson, Moses P. Greene,"and aTtiSd^ their associates, be and they are hereby authorized and acril1oSse empowered to establish and erect a toll bridge across the0l'eenver' Ogechee river, on their own land, in the Seventy-Fifth District of Burke county, and on the land of Daniel Kent, in Emanuel county, and that the said Augustus H. Ander- son and Moses P. Greene, and their associates, their heirs and assigns, be and they are hereby authorized and em- powered to demand and receive the same rates of toll as are received and established and usually charged at the several ferries and bridges below and above said bridge on said river. Sec. II. And be it enacted by the authority aforesaid, repealing That all laws or parts of laws militating against this Act,clause* be and the same are hereby repealed. (No. 372.) An Act to authorize Rhiesse McCroane, of the county of Bui- lock, him, his heirs and assigns, to build a bridge across the Great Ogechee river, on his own land, near the seventy mile station, Central Railroad, and to construct a crossway through the swamp of said river. Approved, January 20, 1852. Section I. Be it enacted by the Senate and Rouse of Representatives of the State of Georgia in' General As- sembly met, and it is hereby enacted by the authority of the same, That Bhsesse McCroane, him, his heirs or assigns, r. m0c-0aie shall have the right to build a bridge across the Greatbl-Ud Ogechee river, and construct a crossway through the^ 528 ROADS, RRIDGES, AND FERRIES—1851-'2. In Bulloch county. swamp of saicl river, on liis own land, in the counties of Bulloch, and Scriven, near the Seventy Mile Station, Cen- tral Railroad, which said bridge and crossway shall be vested in him, his heirs and assigns, and he or they shall be authorized and empowered to demand and receive, for his or their use and benefit, the same rate of toll for pass- ing said bridge and crossway as may now be lawfully de- manded for passing the bridge and crossway known on said river as Jencks' Bridge ; Provided, Nothing in this Act shall be so construed as to authorize the above named Rhsesae McCroane, him, his heirs or assigns, to construct a bridge so as to obstruct the navigation of said river. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all Acts and parts of Acts militating caase' against this Act, be and the same are hereby repealed. TAXES, TAX COLLECTORS, &o.—1851-'2. 529 Tax Collector and Receiver of Chattooga. TAXES, TAX COLLECTORS, &c* TITLE XXIIL No. 373. Receiver and Collector— No.- 379. In Lee—to build Court- Chattooga. house, &c. " 374. Receiver & Collector—Dooly. " 380. In Union—to build Jail. " 375. " " Macon. " 381. Insolvent list—Cherokee. " 376. " ■ " Rabun. " 382. In Carroll, Hall and Lee. " 377. Extra Tax—Dade. " 383. R. & Col, in Coweta, Early, &c. " 378. In Floyd—to build Jail. " 384. Receiver—Washington county. (No. 373.) An Act to repeal an Act entitled an Act to consolidate the offices • of Tax Collector and r Receiver of Tax Returns, so far as re- spects the counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jefferson, Han- cock, Cobb, Dooly, and Marion, passed the 9th day of Decern- ber, 1839, as respects Chattooga county, and to provide for the election in future of one Tax Collector and one Tax Receiver, separately, in said county of Chattooga, as provided for by the general laws of this State, in such cases. Approved, Novem- ber 24, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted By the authority of the same, .That from and after the passage of this Act, that opsonic. so much of the Act entitled an Act to consolidate the offi- JJoiwtor ces of Tax'Collector and Receiver of Tax Returns of the cEanooga!1 counties of Baldwin, Chattooga, Franklin, Gwinnett, Heard, Upson, Wilkes, Mcintosh, Thomas, Jefferson, Cobb, Hancock, Dooly, and Marion, as passed and assented to the ninth day of December, eighteen hundred and thirty- nine, so far as respects the county of Chattooga, be and the same is hereby repealed. Seo. II. And be it further enacted by the aiithority afore- said, That hereafter it shall be the duty of the proper offi-Offi^tp b® cers in the county of Chattooga, at each election of county ^coun. officers, as prescribed by law, to open and hold an election for one Tax Collector and one Tax Receiver, who shall sev- * See Title viii, " County Sites cmd Court-houses," where other Acta au- thorize extra taxes. See also Title xiii, " Jurors," Act No. 324, as to Tax Collector aud Receiver of Cherokee county. 3 4 530 TAXES, TAX COLLECTORS, &c.—1851-'2. In Dooly—In Macon county. erally take and hold their offices, as by the general laws of this State ; Provided, Any law or usage to the contra- ry, notwithstanding. . (No. 374.) An Act to separate the offices of Tax Collector and Receiver of Tax Returns, for the county of Dooly. Approved, January 12, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in Gen eral As- sembly met, and it is hereby enacted by the authority of the same, That immediately after'the passage of this Act, offices mw. the offices of Tax Collector, and Receiver of Tax Returns, rated ib Dooly # • /»-rx i i i i inn in the county of Dooly, be and the same shall be separate; and that all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 375.) An Act to repeal so much of an Act assented to the 19th day of December, 1840, consolidating the offices of Tax Collector and Receiver of Tax Returns, of the counties of Montgomery, Macon and Clark, so far as relates to the county of Macon.— Approved, November 24, 1851. Section I. Be it enacted by the Senate mid House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, so office? sera, much of the above recited Act as relates to consolidating w^coaaty1." the offices of Tax Collector and Receiver of Tax Returns of the county of Macon, be and the same is hereby re- pealed. TAXES, TAX COLLECTORS, &c.—1851-'2. 531 In Rabun—Extra Tax in Dade. (No. 376.) An Act to repeal an Act entitled an* Act to consolidate the offices of Tax Collector and Receiver of Tax Returns in the counties of Rabun, Camden, Irwin, Floyd, Scriven, Paulding, Wayne, Murray, Cherokee, Glynn, Telfair, and Laurens, so far as respects the c*ounty of Rabun. Approved, December 22,1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That the above recited Act, be and the same is serrated as hereby repealed, so far as relates to the county of Rabun. Sec. II. And be it further enacted by the authorityAn(ltore. aforesaid, That the offices ot Tax Collector and Receiver main so. of Tax Returns of the county of Rabun, be and they are hereby separated, and hereafter shall be conducted by two persons instead.of one. Sec. III. And be it enacted, That all laws and parts Repealins of laws militating against this Act, be and the same areclaufe- hereby repealed. (No. 377.) An Act to authorize the Justices of the Inferior Court of Dade county, to levy and collect an extra tax. Approved, January 22, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the tboriLda!nau' Justices of the Inferior Court of Dade county shall haveDade eounty* power to levy an extra or additional tax for each year, for county purposes; Provided, The Grand Jury of said county shall recommend the levying of such tax—said tax not to exceed one hundred per cent, upon the State tax, to be returned and collected by the Tax Collector and Re-Howcollected ceiver of Said county, to the Inferior Court, in the same manner as the State tax is returned and collected. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating againstolause- this Act, be and the same are hereby repealed. 532 TAXES, TAX COLLECTORS &c.—lS51-'2. Extra Tax in Floyd—In Lee, to build Court-liouse and Jail. (No. 378.) An Act to authorize the Justices of the Inferior Court for the county of Floyd, to levy an additional tax for county purposes. Approved, December 16, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Extra tax au. the same, That from and after the passage of this Act, the Justices of the Inferior Court for the county of Floyd, he and they are hereby authorized and empowered, to levy and collect of the citizens of the said county of Floyd, an additional extra tax of not exceeding fifty per centum on the State tax, for the purpose of building a secure and sub- stantial Jail in said county. Sec. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed. thonzed in Floyd, To build a Jail. Repealing clause. (No. 379.) An Act to authorize the Inferior Court, in Lee county, to build a Court house and Jail at Starkville, the present county site of said county, and to authorize said Court to levy and have collected an extra tax of not exceeding one hundred per cent, on the State tax for that purpose, for the years 1852 and 1853. Approved, January 22, 1852. Section I. Be it enacted "by the Senate and House of Representatives of the State of Georgia in General As- sembly met, and it is hereby enacted by the authority of Extra tax in the same, That it shall be the duty of the Inferior Court of Couii.house^ Bee county, to let out by contract or otherwise, as they or and Jaii. a majority of them may think best, the building of a Court- house and Jail, at Starkville, in said county, and they are authorized and required to levy and have collected an extra tax of not exceeding one hundred per cent, on the State tax, for that purpose, for the years eighteen' hundred and fifty-two and eighteen hundred and fifty-three ; Provided, Proviso. The Grand Jury of said county, at the next Spring term of the Superior-Court of said county, shall recommend the assessment of said tax. TAXES, TAX COLLECTORS, &c.—1851-'2. 533 In Union, to build Jail—Insolvent List, Cherokee. Sec. II. And be it farther enacted, That so soon as the Grand Jury shall have recommended the levying of an contracts"1 af extra tax, as contemplated in the first section of this Act, then the Inferior Court shall immediately proceed to let out the building of said Court-house and Jail; any law, usage or custom, to the contrary, notwithstanding. (No. 380.) An Act to authorize the levying a tax for the purpose of build- ing a Jail in Blairsville, Union county. Approved, January 22, 1852. Section I. Be it enacted By the Senate and Bouse of Representatives of the State of Georgia in General Assem- My met, and it is hereby enacted by the authority of the the same, That the Justices of the Inferior Court of Union xM0Vtoxin county, be and they are hereby authorized, to levy a taxbuild Jai'- for the purpose of building a Jail in Blairsville, in the county of Union; said tax not to exceed one hundred per cent, upon the State tax for the years eighteen hundred and fifty-two and eighteen hundred and fifty-three; said building to be let out to the lowest public bidder, under such regulations as said Inferior Court may deem best for the interest of said county of Union ; Provided, That the Proviso% Grand Jury at the next Superior Court of said county shall so recommend, but not otherwise. Sec. II. And be it further enacted by the authority Repealing aforesaid, That all laws and parts of laws militating againstclause- this Act, be and the same are hereby repealed. (No. 3S1.) An Act to authorize the Justices of the Inferior Court of Chero- kee county, to examine and allow to the Tax Collector of said county, their insolvent lists. Approved, January 22,, 1852. Section I*. Be it enacted By the Senate and House of Representatives of^ the Stctte of Georgia in General Assembly met, and it.is hereby enacted by the authority °fvffpgA the same, That from and after the passage of this Act, the ventList'ln " Justices of the Inferior Court of said county, be and tliey herokee• 534 TAXES, TAX COLLECTOES, &c.—1851-'2. Carroll,'Hall, Lee—Receivers and Collectors, Coweta, Early and Fayette. are hereby authorized and required, in each and every year, to meet and allow to the Tax Collector of said county, their insolvent lists; and all laws and parts of laws milita- ting against this Act, be and the same are hereby repealed. (No. 382.) An Ac.t to confer upon the Justices of the Inferior Court of the counties of Carroll, Hall and Lee, the powers of examining and allowing Tax Collectors, insolvent lists. Approved, Janu- uary 22, 1852. Section I. Be it enacted Tjy 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 sarnie, That irom and after the passage of this Act, all powers heretofore given to Grand Juries to examine ancf allow Tax Collectors insolvent lists, be and the same are hereby conferred upon the Justices of the Inferior Court, so far as relates to the counties of Carroll, Hall and Lee; roii,°Haiumt and that all laws now ®f force relative to the allowing and Lee- disallowing of said lists by Grand Juries, be and the same are hereby made applicable «to the allowing and disallow- ing the same by the Justices of the Inferior Court, so far as relates to said counties. Sec. II. And be it further enacted by the authority clause 1'n" aforesaid,. That all laws and parts of laws militating against this Act, be and the same are hereby repealed. (No. 383.) An Act compelling the Tax Receivers and Collectors of the counties of Coweta, Early and Fayette, to visit the house or houses of all widows in said counties, before returning them as defaulters. Approved, January 12, 1852. Section i. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- TAXES, TAX COLLECTORS, &o.—1851-'52. 535 In Washington county. terribly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be the duty of the Tax Receivers and Collectors, so far as relates to the counties of Coweta, Early and Fayette, to visit the house or houses of all widows belonging to said wfdow"*. counties, for the purpose of affording them a better oppor- tunity of giving in and paying their taxes. Sec. II. And be it further enacted by the authority of before being the same, That no widow of said county shall be returned rdeS6^ ' us a defaulter, where such obligation may have been neg- lected by the said Receivers and Collectors; any law, usage or custom, to the contrary, notwithstanding. (No. 384.) An Act for the relief of the Receiver of Tax Returns for the county of Washington. Approved, January 1*2, 1852. Section I. Be it enacted by the Senate and House ■of Representatives of the State of Georgia in General As- sembly met, and it is hereby ena&ted by the authority of the same, That from and after the passage of this Act, that Receirer re. the Receiver of Tax Returns for the county of Washington, at* shall only be required to attend twice at each of the sev-4?"^- eral places of receiving Tax Returns for said county, in- stead of three times, as now required by law. * Sec. II. Be it further enacted by the authority of the same, That all laws and parts of laws militating against «ia£2.h"s this Act, be and the same are hereby repealed, so far as the same affects the county of Washington. 536 VOLUNTEER COMPANIES—1851-'2. 1_ Battalion in Savannah. VOLUNTEER COMPANIES* TITLE XXIV. No. 385. Vol. Battalion ; Savannah; No. 387. The Guards; The Blues; " 386. Chatham Artillery and others; " 388. Vol. Companies in Pike co. (No. 385.) An Act' to organize a volunteer Battalion in the city of Savan- nah, to be called the " Independent Volunteer Battalion of Sa- vannah." Approved, January 20, 1852. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General As- sernbly met, and it is hereby enacted ~by the authority of volunteer ^ie same, That the volunteer companies now existing in sa^nnaif 0fthe city of Savannah, and belonging to the First Regiment, Site Bat- First Brigade, First Division, Georgia Militia, be and the taiion. same are hereby organized and erected into a separate Battalion, which shall be called the Independent V olun- teer Battalion of Savannah, and be no longer a part of the said First Regiment. Sec. II. And be it further enacted by the authority of When sight ^he same, That any other volunteer companies, of foot, jo?™?onbls which may hereafter be organized in the city of Savannah, g^e^toa shall be attached to said battalion until the number of companies in said battalion shall be eight (8), when the said companies shall be organized and erected into a regi- ment which shall be called the "Independent Volunteer Regiment of Savannah," and said regiment shall not con- sist of less than eight (8) or more than fourteen (14) coin- panies. Sec. III. And be it further enacted by the authority of Lieut Coi same> That the said battalion shall be commanded by How elected a Tieutenant Colonel, who shall be elected by the mem- aindcom^is. bers of the companies composing said battalion, in the sione.. manner prescribed by the Militia Laws of this State, and commissioned by the Governor, and the said Lieutenant Colonel shall be entitled to- a staff as full and complete as if the said battalion were a regiment. * As to "Baldwin Blues," see Act No. 156; as to "Augusta Guards," see Act No. 158. VOLUNTEER COMPANIES—lS51-'2. 53T Chatham Artillery—German Volunteers—De Kalb Riflemen. Sec. IY. And be it further enacted by the authority Provost Mar- of the same, That the Provost Marshal and Clerk of saidshal&clerk-' battalion shall be elected and sworn, and perform the du- ties, exercise the powers, and be- subject to the instruc- tions prescribed by the Militia Laws now governing the First Regiment, First Brigade, First Division, Georgia Militia. Sec. Y. And be it further enacted by the authority of the Attached to same, That the said battalion shall be attached to, the First Diwndelst Brigade, First Division, Georgia Militia. Sec. YI. And be it further enacted by the authority regulated by of the same, That the said battalion shall be regulated by Militia Laws' the Militia Laws of this State, so far as the said laws are compatible with the provisions of this Act; except, in ad- dition to the regular annual parade, it shall be subject to the . orders of the commanding officer at any and such „ .. . . , i , & J Subject to or- other tunes as he may deem necessary or expedient, and the said battalion shall be exempt from the effect of all «*• • such laws and parts of laws as militate against the provi- sions of this Act. (No. 386.) Ax Act to grant certain privileges to the Chatham Artillery, and certain other volunteer corps therein named. Approved, December 19, 1851. Section I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly me f and it is hereby enacted by the authority of the same, That from and after the passage of this Bill, it Honorary shall be lawful for the " Chatham Artillery," the " German ShlmAr- Yolunteers," and DeKalb Riflemen," to receive fifteenminyvo?un- honorary members, each, who shall pay the sum of twenty S Rifle.6 dollars, annually, into the treasury of said companies,raen' thereafter, so long as they continue honorary members thereof, and who shall during such time be exempt from ordinary militia duty. Sec. II. And be it further enacted, That the members Merabers of of said "Chatham Artillery" shall, whilst belonging to^"mptfrom6 vsaid company, be exempt and wholly excused from the Jquur^ta2uty" performance of jury or inquest duty, of all kinds, on the "y" 538 VOLUNTEER COMPANIES—1851~'2. Oglethorpe Infantry—Clinch Rifles. certificate of the commanding officers of said company, that the applicant is a member of said company, uni- formed and doing duty therein; Provided, That said cer- tificates shall not exceed eighty in number. Sec. III. And be it further enacted, That the active same prm. members of the " Oglethorpe Infantry,15 and of the " Clinch fee Vift'an- Eifles," two volunteer corps in the city of Augusta, be and Kite?011,1011 they are hereby exempted from all jury duty in the courts of said city, and the county of Kichmond, and that the honorary members of each of said corps be and they are hereby exempted from all ordinary militia duty. Sec. IT. And be it' further enacted, That the members of each of said corps shall be authorized to adopt and Privileges change their uniform at pleasure; also, to make and put granted. execution all such by-laws, rules and regulations as they may .deem necessary and proper, and to hold such property as may be convenient for the purposes of their organi- 'zationJ Sec. V. And be it further enacted, That for each and Additional every fifty men the said " Oglethorpe Infantry " may have officers for ev- v, , i n i j.1 • "I ^ • ery fitty pri- enrolled, they shall be authorized to organize a company, the officers of which, elected by them, shall be commis- sioned by the Governor, and that upon the formation of one or more companies, besides the present, the members of said corps shall be authorized to elect a Major and an Ad- jutant, to be commissioned by the Governor. Sec. VI. And be it further enacted, That it shall be suf- tElections haw ficient for the commanding officer, for the time being, of certified. either of said corps, to superintend and certify all elec- tions of commissioned officers to the Governor, who shall commission them accordingly. Sec. VII. And be it further enacted, That all laws mili- Repealing tating against this Act, be and the same are hereby olause' repealed. VOLUNTEER COMPANIES—1851-'2. 539 Savannah Volunteer Guards—Republican Blues. ("No. 387.) An Act to incorporate the Savannah Volunteer Guards of the city of Savannah, and Republican Blues of the city of Savan- nah. Approved, Dacember 22, 1851. Section I. 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 volunteer corps of Infanty now existing Savannah in the city of Savannah, under the name of the Savannah voijnt^ Volunteer Guards, he and the same is hereby incorporated pomel1"00*' and made a body politic and corporate, under the above name, and that by that name the said corps be and is hereby made capable in law to sue and be sued, plead and Corporal be impleaded, to have a common seal, and to hold suchffi?sw. property, real and personal, whether obtained by gift or purchase, as may be deemed necessary or convenient for the purposes of said corps, with authority to establish any and further by-laws for the regulation of said corps, which shall not be repugnant' to the laws of this State, or of the United States. ( Sec. II. And be it further enacted by the authority aforesaid, That the officers of said corporation shall be aOffioers* President, a Secretary, and a Treasurer; that the com- manding officer of said corps shall be, by virtue of his of- fice, the President of the said corporation, and that all acts performed by him in behalf of said corps, which he p?Sn°.f may lawfully perform as President of said corporation, shall be held good and valid in any court of law or equity in this State; Provided, That all contracts in writing shall, in addition to the signature of the President, be counter- signed by the Secretary of said corporation. Sec.TIL And he it further enacted, That the corps ofRepubUca® Republican Blues of Savannah, are hereby incorporated poS!0 under the provisions of this Act. Sec. IV. And be it further enacted by the authority Repealing aforesaid, That all laws a ad parts of laws militating against cSEL" the provisions of this Act, be and the same are hereby re- pealed. 540 VOLUNTEER COMPANIES—1851-'2. In Pike county. (No. 388.) An Act to exempt certain citizens of Pike county from the performance of militia duty, in certain cases and upon certain conditions; and also to encourage Volunteer Companies in said county, and for other purposes. Approved, January 22, 1852. Section I. 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 citizens of the same, That any person liable, by the existing laws of froFSia State, t) perforin militia duty in Pike county, be and duty, on con-he is hereby exempt from the same, except in case of war, riot, rebellion or insurrection, on complying with the re- cpiisitions of section the second of this Act. Sec. II. Be it further enacted by the authority afore- of paying said, Any person desiring to avail himself of the bene- comiPtynTrea. fit of this Act, shall, annually, on or before the first Mon- surer $12o- -n ]\£ay5 apply to and obtain from the Volunteer Com- pany County Treasurer, on paying him One Dollar and Twenty-Five Cents, a certificate, under his hand and offi- cial signature, specifying that the applicant is exempt from militia duty in said county, except in case of war, riot, rebellion or insurrection, for and during one year from and alter the first Monday in May of the year of the date of such certificate, which said certificate shall be conclusive evidence of such exemption. Sec. III. Be it further enacted by the authority afore- 'ion of sa^' Volunteer Company County Treasurer shall oompany ^ be elected by the members of the several Volunteer Com- county rea- pai;iies in. the county, on the third Saturday in July of each year, and shall be commissioned by the Governor, on or before the first Monday in September thereafter, Bond ' shall give bond and security in the sum of One Thousand oath. Dollars, and take ail oath faithfully to discharge all the duties of his office; said bond and oath to be executed be- fore a Justice of the Inferior Court, and filed in the Clerk's office of the Inferior Court of said county. Said election shall be superintended by any one or more judicial officers, or any commissioned officer of a Volunteer Company in said county, and two freeholders. And in case of a va- cancy in said office, or the person elected shall not be quali- . fied and commissioned as required, and also until the next July after the passage of this Act, a majority of the Justi- ces of the Inferior Court may appoint a Volunteer Com- pany County Treasurer, at any time, to act until one is VOLUNTEER COMPANIES—183.1-'2. 541 In Pike county. duly elected aqd qualified. The Volunteer Company County Treasurer, elected or appointed as above, shall hold his office until his successor is elected and commis- sioned, unless removed by the Justices of the Inferior Removed. Court of said county, on complaint, for malpractice in office. Sec. IV. Be it'further enacted by the authority afore- said, It shall be the duty of the Volunteer Company County Treasurer, to keep a book or books in the Clerk'sHis duty- office of the Inferior Court, in which he shall, on or before the first Monday in June of each year, register the names, militia districts, and time of exemption, with date of cer- tificate of every person obtaining - the benefit of this Act, and also the names of every member of the several Vol- unteer Companies in the county. He shall, moreover, on or before the first Monday in July of each year, pay over ^iXsitiw, of to the proper officers of each Volunteer Company in the county, in proportion to the number of men in each, their pro rata share of all the funds received by him, and shall file their receipts in his office; and shall, moreover, on or before the third Saturday in July, report to the Governor Report the names of all the persons receiving the benefit of this Act, and also the names of all the members of the different Volunteer Companies in the county, together with the amounts paid out to each, under his oath. He shall be subject to be ruled for the funds in his hands, before the fulefct to Superior or Inferior Courts, in the same manner as Sheriffs and Attorneys are liable, and be subject to the same pen- alties. Sec. V. And be it further enacted by the authority afore- said, That each Volunteer Company in the county, shall. be required, annually, on or before the first Monday infiled* May, to make out and file with the Volunteer Company County Treasurer, a list of names of all the members of the respective Companies, and the Company failing so to do, to receive no part of the funds. The Companies re- ceiving the fund to have, hold, use and enjoy, as for a Company fund, for the use and benefit of the Company. The Volunteer Company County Treasurer is to receive Fees of Trea. the sum of Twenty-Eive Cents for each certificate, and thesurer" sum of One Dollar for each Company list, as, and for his fees ; and in case of neglect of his duties, to forfeit the same to the Companies. Sec. VI. And be it further enacted by the authority aforesaid, That any one remaining ten years continuously,fnegr9™3 a member of any Company, to be forever thereafter exemptexempt- from militia duty. Sec. VII. And be it further enacted by the authority 542 VOLUNTEER COMPANIES—1851-'2. * In Pike county. * aforesaid, That all executions issued from any Company, or the Courts of Inquiry of any Company, for any taxes or fines, shall be directed to all and singular the Constables Executions; °f the county ; shall bear test in the name of the command- ing officer of said Company, or presiding officer of said • Court, and be signed by the Clerk of said Company, under his hand, the Company seal, (if any,) and shall have the same force, lien and dignity, as Justices' Court executions, and be collectable in the same manner and by the same officers. And in case any of said executions shall be re- turned " no property," the said Company, through its offi- cers, may report it to the Tax Collector of said county, who shall collect it as a part of the tax- of such defaulter, and pay it over to the Company. Sec. VIII. And be it further enacted by the authority Extendsonly aforesaid, That this Act shall only extend and be in force to Pikecosnty jn the county of Pike ; and all laws and parts of laws mili- tating against this Act, be and the same are hereby re- pealed. RESOLUTIONS—1851~'2. 5i5 Pablic Resolutions to be published—Report and Resolution on Ron Interest. RESOLUTIONS WHICH ORIGINATED IN THE SENATE. No. 1. Pablic Resolutions to be pub- lished. " 2. Report and Resolutions on Iron Interest. " 3. Great Ogechee River Funds. " 4. Monument to John Forsyth. No. 5. Costs in Dean's case with Rail- road. " 6. Union County Academy Fund. " 7. Newspapers for Rev. G.White. " 8. Manuscript Volumes from Georgia Historical Society., " 9. Relief of A, M. D. King. (No. 1.) - Resolved by the Senate and House of Representatives,, That Ilis Excellency the (Governor be requested to have published with the Laws, only such Resolutions passed the^bo^®ty0t« pres*ent Session of the Legislature, as are of a public-nature. published. Assented to (No. 2.) The Select Committee, appointed to enquire into the Iron interests of this State, submitted the following Report: It was the wish and intention of your Committee to en- Roportupon- quire into the whole subject embraced in .the resolution oftheimn^nter. their appointment. They desired to present to the con/stat*. sideration of the Senate a statistical table, showing not only the quantity of Iron manufactured in the State, but likewise the amount imported and consumed by our peo- pie. But the duties imposed upon them by the many im- pOrtant measures connected with the action of the present session, has made it impossible for them to do so. Not being willing, however, to let the subject go by without action, they determined to seek such information as might * OS 546. RESOLUTIONS—1851-'2. Report and Resolution on Iron Interest. be within their re&ch, relating to the Iron interests of our own State. They knew no one so well qualified as Major Cooper, to furnish the information they desired. For many years he has been actively and energetically employed in the iron business. He carried into it his fortune, his informa- tion, his zeal and indefatigable industry, and has labored amidst difficulties and disasters, with a courage and perse- verence that must command the admiration and awaken the sympathies of every one who loves his State, and feels for her prosperity and independence. They addressed Major Cooper upon the subject, and re- ceived from him in reply the accompanying letter, which they beg leave to present as an appendage to their report. It will be seen by reference to this paper, that Major Cooper has gone into tlie history of the Iron business in Georgia. The partial success of some, and overthrow of others, who ventured to embark in its doubtful prosecution. That Georgia embraces within herself all the natural material to make her one of the first Iron States in the Union, or in the world, there is no doubt. That she will develope those natural resources, and build up for herself a solid wealth in that department, depends much, in the opinion of your Committee, upon the success of the pioneers in that hazard- ous enterprise. What will it matter that ore and coal, and stone and clay, lie in inexhaustible beds, and that the *for- est abounds in the finest and most appropriate timber, and that the best water power in the world comes, as if bidden to the very spot you would have it. If experience shows that talent and energy, and zeal, and if indefatiga- ble and indomitable courage have labored for years with all these advantages, and reaped nothing but disappoint- ment and overthrow, who will trust his only bark along that channel, though calm and placid its waters seem, when all who went before him have perished. To prosecute the Iron business with success, requires large investment of capital, and the employment of nu- merous operatives. "When the demand is good, and prices remunerative, it makes rapidly; but when reverses come, nothing but the strongest backing can withstand the shock, and one reverse tide will sweep away the labors of years. Hence it is, that in all countries, the Iron business has claimed and received the fostering hand of government to sustain it. Looking to the vast interest Georgia has in the full and proper development of this department of her natural wealth, and not losing sight of the intricate con- nection it has with the fullest success of her great line of Railroad, your Committee would be tempted, but for the RESOLUTION S—1851-2. 547 Great Ogechee Itiver Funds. precedents, to recommend the adoption of some measure for the direct and substantial aid of those who are now struggling to build up the Iron interest in Georgia. This, however, they do not ask, but simply appeal to us to give them the preference, all things being equal, over foreign competition, so far as we, as a State, have patronage to be- stow. Shall we refuse this most reasonable request? Be- lieving we will not, your Committee ask the adoption of the following: Resolved by the General Assembly of the State of Geor- gia, That the Iron interest in Georgia is one of much value Il.otl jUtere»t to the State, and deserves the habitual regard of the peo- at" pie. That the Governor be and he is hereby requested to Governor to give such direction to the operations of the State Road in »nd its transportation department, as will sustain the Iron bu-Trade, siness and the Coal trade. That the Superintendent of the Western and Atlantic Railroad is hereby authorized tofnutof'the'w. make such contracts for the supply of Iron for said Road, toi^'d^1* as he may think best calculated to advance the interests S°nYp»r- of the Road, and the prosperity of the State ; and to ne-chases- gotiate such terms as he may deem expedient therefor. Assented to January 25,1852. (No. 3.) Whereas, Complaint is made relative to the manage- ment of the Funds apppropriated to improve the naviga- tion of the Great Ogechee river, now in the hands of Com- missioners, and to ascertain the true situation and how the same has been managed: Therefore, be it Resolved by the Senate mid House of Representatives, That P. B. Connelly, of the county of ?WS£5: Jefferson, John Cameron, of the county of Scriven, Wil- d1uonofCOR" liam H. McLean, of the county of Bulloch, Milton II. &t'o^ Powers, of the county of Effingham and Jackson Bird, ofchee RiTer- the county of Bryan, be and they are hereby appointed Commissioners to examine into the condition of the said funds, and also the management heretofore, and report the same to the next General Assembly with such recommen- Aud gporu® dation as to the past and future management, as they may A«mWr. think proper. Assented to, January 22,1852. . $48 RESOLUTIONS—1851-'2. Monument to Hon. Jno. Forsyth—case of Dean. (No. 4.) Whereas, The sum of One Thousand Dollars was ap- propriated by the last Legislature to erect a monument over the remains of the late Honorable John Forsyth; and whereas, it is both desirable and appropriate that said . monument be erected within the borders of the State of Georgia. Be it therefore, Resolved by the Senate and House of Representatives of the State of Georgia in General As- Monument to sembly met, That his Excellency the Governor, be and he X.erSemor°_is hereby authorized to cause to be erected 011 the public ^bteJoSi0nw grounds near the State House, a suitable monument, to F©i*yti<. the memery of our late distinguished fellow citizen, Hon- orable John Forsyth, and pay for the same out of the money appropriated for that purpose by the Act of the Legislature, Approved, February 23, 1850. Assented to, January 4, 1852. (No. 5.) Resolved T>y the Senate and House of Representa- tives of the State of Georgia in General Assembly met, gostinthe That His Excellency the Governor, be and he is here- ^te"p.Sdaby by requested to cause to be paid out of the funds of the A* Western and Atlantic Railroad, all the cost in the case of tho State against Henry G. Dean, tried in the Superior Court of the county of DeKalb, which cause arose out of a claim for damages by said Dean, caused by the running of said Road through his land, and the using of a part of his land for said Road. Assented to, January 19,1852. . (No. 6.) Resolved by the Senate and House of Representatives of the State of Georgia i/n General Assembly met, and it is hereby Resolved by the authority of the same, That RESOLUTIONS—1858-'2. 549 Academy Funds in Union—Rev. G. White, to use papers of State and Ga. His. Society. the Justice's of the Inferior Court of Union county, be authorized to call upon the Trustees of the Blairsville unVon'c0cLtr Academy in the county of Union, for any unexpended funds remaining in their hands, being a remainder of an £^emr appropriation of Eight Hundred and Fifteen Dollars, made by the State for the purpose of building said Academy, or any School Funds remaining in the hands of any person in said county, being a remainder of funds, provided by for- mer Acts upon the subject of education of said county. And be it further Resolved, That said Justices be here- by authorized to receipt for any funds received from any £S"bran4 person as above named, and the same shall be added to tKmef18 and become a part ot the Poor School Funds of said conn- ty under the present regulations of that subject in said county. Assented to (No. 7.) Resolved hj the Senate and 'House of Representatives, That the Governor be requested to allow the Reverend Kp£ George White to take from the basement story of the whit»?eorS9 State House the old newspapers, to aid him in the com- pilation of the history of Georgia, in which he is now em- ployed, the said papers to be returned by him. Assented to, December 5, 1851. (No. 8.) Resolved By the Senate and House of Representatives, That the Reverend George White be permitted to take to permit him from the Georgia Historical Society the manuscript vol- manuscript* umes, twenty-six in number, connected with the Colonial mtnuw- History of Georgia, the property of the State, to enable him to complete his history of Georgia, with a full under- standing that the said George White take the greatest care of said manuscript volumes, and return them within two months. Assented to, December 5,1851. 550 RESOLUTIONS—1851-'2. Angus M. D. King. (No. 9.) • The committee to whom was referred the memorial of Angus M. D. Ring, ask leave to report that on enquiry m!1 Df. King", and examination they are fully satisfied that the facts set forth in said memorial are true, and that the original consideration of his note, given to the Central Bank of Georgia, in the sum of Twenty-One Hundred and Forty- Five Dollars, was bills of the Bank of Darien, received af- ter the suspension of payment by said Bank; also, that judgment has been had on said note, and that a portion of said judgment remains yet unpaid ; your Committee also state that on investigation made they find that the relief prayed by the Memorialist has, under like circumstances, been granted to other debtors of the State, and which re- lief your Committee believe to be reasonable and proper to be granted ; Whereupon, They recommend the passage of the following Resolution— Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That c>im against the officers of the Central Bank of Ge'orgia, be and they RuiX t0 are hereby authorized on a settlement of the judgment in favor of said Bank against Angus M. D. King, rendered on his note given to said Bank in the sum of Twenty-One Hundred and Forty-Five Dollars, to extend to said King the privilege of settling seven-tenths of said judgment in bills of the Bank of Darien, and the other three-tenths of said judgment in specie, or the equivalent of specie, and that in making such settlement, said officers of the Central Bank, shall be authorized to take into consideration the sums paid and the amount remaining unpaid, so as fully to meet the object and purpose of this Resolution ; Provi- ded, That the officers in charge of the settlement of the affairs of the Darien Bank, shall not receive any bills 01* claims, which in their judgment are not valid and just. Assented to, January 22, 1852. RESOLUTIONS—1851-'2. Creek claims. 551 RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES. No. 1. Memorial to Congress as to Creek claims. 2. Copies to be sent. 3. Report and Resolutions on In- tervention. 4. Report and Resolutions on In- dependence Hall, &c. 5. Report of Military Committee. 6. Report and Resolution as to Augusta Arsenal. 7. Muskets for Savannah Guards. 8. Army of disbanded volunteer corps.' 9. Report and Resolution as to Joseph Sturges. 10- Sub-Committee on Western and Atlantic Railroad. 11 Laws and Journals to mem- bers. No. 12. " 13. " 14. " 15. " 16. " 17. " 18. " 19. " 20. " 21. Books to Judges Wayne and Nichol. Distribution of Cobb's Di- gest. Distribution of Journal of Convention. Publication of Laws in news- papers. Books to Georgia Historical Society. Additional copies of Laws and Journals. Block for Washington Nation- al Monument. Counsel in Boundary Suit of Florida. Franks to Savannah. Relief of Anderson, Willis, and others. (N o.l.) To the Senate and House of Representatives of the United Slates of America, in Congress assembled. Section I. The Memorial of the State of Georgia, in be- Memorhl of half of herself and her sister State of Alabama, most re- specfcfully represents to your honorable bodies, that in the ge state of year eighteen hundred and thirty-four, the government ofb^eth5%res the United States advertized and offered for sale at^.an^riy' public outcry, that portion of the public domain in the State of Alabama, known as the Creek nation. This territory had been ceded to the United States, by treaties ratified April the twenty-second, eighteen hundred and twenty-six, and April the twelveth, eighteen hundred and andade™£ia° thirty-four, made with the Creek tribe of Indians, the (iOlfHiani whole of which was offered for sale to the highest bidderanftheulT as aforesaid in eighteen hundred and thirty-four, except the RESOLUTIONS—1851-'2. Claims ot the Creek Indiana. portion covered by Indian reservations. The treaty of eigh- teen hundred and thirty-four empowered the Creeks to sell their reservations, under the control and direction of the United States, which was mostly effected in the latter part of the year eighteen hundred and thirty-four, under the supervision of the agents of the government; it was in this way that these lands in the Creek nation were occu- pied by the whites, and thus for the first time in the his- tory of the country, the white man by the policy of the government, was settled among the Indians. Sec. II. The citizens thus domesticated with the red man exercised a forbearance in their intercourse with the In- dian, truly commendable, and had no direct instrumentali- ty in promoting the hostilities that broke out early in May, eighteen hundred and thirty-six, by which out-break, seve- ral of the most valuable citizens ot Georgia and Alabama lost their lives, and many their property ; this sudden as- sault by a lawless band of warriors upon the lives and property of the whites, was beyond the control of the set- tier, the government alone could have prevented it by tak- ing the necessary steps at an earlier period to move tlie tribe to its destined home beyond the Mississippi. Sec. III. The Creek Indians, by the policy of the go- vernment, anterior to the outbreak in May, eighteen liun- dred and thirty-six, had become landless, they had plant- ed no crops, game was destroyed, and they had no means, whatever, of subsistence. In this desperate condition they were forced to kill the cattle and other stock of the whites, for support, which, with a few exceptions was submitted to by the settler without redress or remuneration, as their condition bordered upon starvation. Mr. A. Balcb, a Go- vernment Commissioner, appointed by the President to investigate the causes that led to the Indian hostilities in eighteen hundred and thirty-six, reported that in the latter part of the year eighteen hundred and thirty-four, the Creeks suffered for want of food ; that in eighteen liun- dred and thirty-five they were reduced to a state little short of starvation, but he said it was contrary to the pol- icy of the government to supply them with food, as this act of benevolence would have retarded emigration. See Ex- ecutive doc. Second Session, Twenty-Fourth Congress, No. 154, page 15T. Sec. lY. This mistaken policy of the Government, to starve them into emigration, if such was the design, was the primary cause that led to hostilities, the loss of life and the destruction of the property of her citizens, for which your Memorialist now ask indemnity, notwithstanding the RESOLUTIONS—1851—'2. 553 Claims ot the Creek Iadiaus. frequent communications of the Executive of Georgia and Alabama, besides many highly respectable citizens resi- ding in the Creek nation, to the Secretary of War, advi- sing the Government of the "Unsettled and discontented condition of the Creek tribe of Indians, and a strong pro- bability of hostilities. Their request for military aid to keep the Indians in subjection was not grauted. See Ex- ecutive Doc., Seventh Vol., S'econd Session, Twenty-Fourth Congress, No. 2TO. Sec. V. At the commencement of the outbreak, those citizens of Alabama and Georgia residing in the nation and in the vicinity of the nation, who escaped the assaults of the hostile Creeks, were compelled to nee from their homes in haste, to place their families in security out of the nation and its vicinity, leaving their property behind, which was either destroyed by the enemy or used by the United States troops and friendly Indians; the supplies thus furnished from the cribs, meat-houses, barns, cattle, and other stock of the citizens of Alabama and Georgia, residing in the Creek nation and vicinity, were absolutely necessary to support the troops .of the government and friendly Indians that rallied to the rescue until the Go- vermnent could furnish the needful provisions for the army, besides hundreds of cattle and other stock were shot down by the friendly Indians under the command of General Jessup to prevent their falling into the hands of the hostile Indians. See letter of Honorable D. IT. Lewis, the peti- tion of Jeremiah Bennett, and others ; letter and affidavit of Col. John B. IJogan, United States Emigrating Agent; letter of Gen. Thomas J. Woodward; J. B. Collins ; Col. Charles McLamore, and'other gentlemen of equal standing and respectability. Ex. Doc., Second Session, Twenty-Fifth Congress, No. 127. Sec. VI. Your Memorialist would further represent to your honorable bodies, that President Jackson in his An- nual Message, December, eighteen hundred and thirty-six, brought the subject of losses of the citizens of Georgia, Alabama and Fiorida, to the consideration of Congress, and recommended an appropriation for their indemnity. In pursuance of this Executive recommendation, Congress authorized the President to appoint a Board of Commis- sioners, to investigate and report the amount of the loss sustained by Indian depredations in said States. L. T. Pease, J. M. Smith and Mr. Gibson, constituted said Com- mission, and after the necessary investigation in Georgia and Alabama, they rendered their report to the Honorable J. R. Poinsett, Secretary of War, twenty-eighth of No- 554 RESOLUTIONS—1851-2. Claims of the Creek Indians. vember, eighteen hundred and thirty-seven. The amount claimed and proven by the sufferers in said States, they report to be One Million Two Hundred and Fifty-Seven Thousand Four Hundred and Seven Dollars and Thirty Cents, out of which amount they allowed Three Hundred and Fifty-Five Thousand Seven "Hundred and Ninety-Sev- en Dollars and Ninety-Two. Cents; this last sum was for real and actual loss. Said Commissioners refused to allow anything for consequental and resulting damage, though it seems to your Memorialist that to do so would be but an act of even handed justice, but the Government has not paid to this date either the actual loss for provisions, &c., or the resulting damage. Sec. VII. Your Memorialist has been informed and be- lieves, that Congress, by special enactment heretofore, has remunerated Generals Clinch and Hernandez, and other citizens of Florida and Georgia, not only for real, but re- suiting damage, likewise; there can be no difference in the losses sustained by these gentlemen, and the claimants of Georgia and Alabama, now knocking at the doors of Congress for justice; it was not the fault of the settler who resided on the lands purchased from the United States and the Creek Indians, in good faith, that hostilities occur- red. No act on their part could have guarded against it; if there was error it was on the part of the Government in failing to make in time,the necessary arrangements to em- igrate the Creeks—always a restless and discontented tribe —at an early period, to have supplied them with food while preparing for emigration, and to have kept in the nation a sufficient military force to have awed them into subjection. If this had been done on the part of the Government, your Memorialist, in behalf of her citizens, and those of Alabama, would not feel constrained to ask Congress to audit and settle the account of her citizens, and those of Alabama, without further delay. Sec. VIII. Your Memorialist would further most respec- fully represent to your honorable bodies, that the Legisla- ture of Alabama, at its regular session in eighteen hun- dred and thirty-six and eighteen hundred and thirty-seven, by its Memorial, asked the Government to grant indemnity for the loss sustained by her citizens during the Indian hostilities of eighteen hundred and thirty-six and eighteen hundred and thirty-seven ; this Memorial was referred to the Committee on Claims of the House of Representatives, and a report was rendered thereon, fifteenth of May, eigh- teen hundred and thirty-eight. In July, thereafter, said Committee made a second report, more in ext-enso, which BESOLUTIOX S—1851-2. 555 Claims of the Creek Indians. assumed tlie grounds that that portion of the demand of the citizens of Georgia and Alabama, for destruction of their property by the Creek aggressions, should not be paid by the United States, as it was not the policy of the Gov- ernment to pay for property lost during a state of war, un- less the demands come within the rules established by the law of the United States, approved ninth of April, eigh- teen hundred and sixteen; the other branch of the claim, asking pay for property used to supply the Government troops and friendly Indians with provisions and forage, &c., the Committee admitted, and reported a Bill for the payment of the same, and recommended its passage ; but as this occurred near the close of the session of eighteen hundred and ihirty-eight, the Bill did not become a law for the want of time. Sec. IX. The grounds assumed by the Committee on Claims, in rejecting the first branch of the account of the citizens of Georgia and Alabama, who sustained loss as aforesaid, however correct when properly applied, cannot exercise the slightest influence against the payment of the demand of the claimants in this application; the facts will not sustain the Committee in its conclusions, in the Be- port referred to. The main objection to indemnity rests on the plea that the depredations being committed, during a state of actual war, it was " not in accordance with the policy of the Government to indemnify the sufferersthe Beport of the Commissioners, as aforesaid, upon which it is presumed the Committee came to the conclusion that the losses sustained occurred during a state of actual war, is incorrect, as will appear from the following facts : Sec. X. The Indian outbreak occurred the seoond day of May, eighteen hundred and thirty-six, and resulted in the death of Flournoy, and others ; this was the commencement of hostilities in eighteen hundred and thirty-six. The Government of the United States took the census of the Creek nation, thirteenth day of May, eighteen hundred and thirty-three, which exhibits the fact that the whole number of souls of the Creek tribe, exclusive of negroes, was twenty-one thousand seven hundred and sixty-two; of this aggregate, the lower Creeks numbered only eight thousand five hundred and twenty-two, exclusive of negroes, and it was this portion of the nation that resorted to hostilities; the counties of Benton, Taladega, Bandolph, Talapoosa, and Chambers, were the homes of the upper Creeks, who did not embark in the outbreak. See statement of Elbert Harris, Com- RESOLUTIONS—1851-'2. Claims of tlie Creek Indians. missioner of Indian Affairs. Ex. Doc. Seventh Yol. First Session, Twenty-Fourth Congress, No. 276. Sec. XI. The lapse of three years, from the taking of the census to the commencement of hostilities, could not add any large number to the emuneration ; there were less than three thousand warriors in the whole nation, and the upper Creeks, the most populous part, did not engage in the outbreak ; Col. John B. Ilogan, Emigrating Agent, as aforesaid, by affidavit, declares that at the request of Gov- ernor Clay, of Alabama, and General Jessup, of the Uni- tey States Army, he raised from thirteen hundred to fifteen hundred friendly warriors, under the Chief Opcth-le-yo- hola ; that five or six hundred more were raised under Jim-Boy and placed under the command of General Thorn- as J. Woodward, these forces constituted the bulk of the warriors of the Creek nation. Sec. XII. The Creek and Cherokee delegations to Wash- ington City, in their Joint Memorial to the Congress of the United States, in eighteen hundred and fifty, in protesting against the Bill which had passed the Senate, making the annuities of the Creek nation bound for the destruction of the property of the claimants of Alabama, Georgia and Florida, in the outbreak of eighteen hundred and thirty- six, say, that " notwithstanding these outrages and wrongs, four-fifths of the nation ( Creek nation ) remained friend- ly, and united heartily with the forces of the United States, in suppressing hostilities and eontinuoMce with them, un- til the whole of those who were hostile were removed," but the muster-rolls on file in the War epartment -will give the exact number of warriors enrolled, to which your honora- ble bodies have free access, and the undersigned in behalf of the citizens of Georgia and Alabama, who sustained loss, invite the most rigid scrutiny. Your Memorialist con- curs most fully with said delegation, that not more than one- fifth of the warriors of the Creek nation were engaged in the hostilities of eighteen hundred and thirty-six, and de- ny that the contrary can be made to appear from any re- liable source ; your honorable bodies are most respectfully asked to consider these facts—they are conclusive that a majority of the Creek nation were not hostile in eighteen hundred and thirty-six, and eighteen hundred and thirty- seven, and that the damage and loss sustained by the claimants in Georgia and Alabama, in the destruction of their property, did not result from a state of actual war, as averred by the Committee, but from the aggressions of a remnant of the warriors of the nation, who acted without authority from the Council of the nation, the only compe- RESOLUTIONS—1851-2. 557 Claims of the Creek Indians. tent tribunal to declare war. If tliese are the facts, then it is obvious that the Committee on Claims in their Report act- ed from incorrect data in rejecting the claims of the sufferers in Georgia and Alabama; the law of eighteen hundred and sixteen has no just application to this demand—the property of the citizen was not destroyed by a foreign en- emy, and during a state of actual war ; but a sudden out- break, beyond the control of the citizens or the Council of Creek nation, the government alone had the power to guard against the assaults of this small, but lawless band of desperados, and having failed to do so, is alone responsible for the consequences ; a small military force would have been sufficient to have kept the nation quiet, and this force was invoked by the Executive officers of Alabama and Georgia, in vain lor years before this outbreak; the citizens of Alabama and Georgia, occupied the country as land- holders, having purchased their lands of the Government and the Indians, they were not intruders; the claimants then rely with the greatest confidence for redress, upon the intercourse Act, approved June thirtieth, eighteen hundred and thirty-four. See United States Laws, Twen- ty-Third Yol., Page 114. , Sec. IIII. At an early period after hostilities ceased, your Memorialist brought to the consideration of Congress the loss sustained by her citizens ; there has been no neg- lect on the part of the claimants—their demand has been prosecuted against the Government, with due diligence, but in vain; the claimants had no authority or power to de- maud and receive restitution, either from the Creek na- tion or the troops in the service of the United States; there was no legal tribunal in which the claimants could have coerced the payment of their demands, either against the one or the other, though they are gravely told by the Report of the Committee, that they must look to the troops in the service of the United States, and the Indians,- for pay; but the Committee did not indicate the modus ope- randi, by which this could be effected ; whether this was designed to add insult to injury, is left for the considera- tion of your honorable bodies, and further comment is un- necessary. Sec. XIV. The Government, in the removal of the Creek Indians to the country assigned them, beyond the Mississippi, with the full knowledge of all the facts and losses sustained by the claimants, demanded no indemnity in, their behalf, and having failed to do so by the inter- course law of eighteen hundred and thirty-four, must be responsible to the sufferers, or there would be a great wrong 553 RESOLUTIONS—1851-2. Claims of tlie Creek Indians. without a remedy ; a fair construction of the Act referred to, gives the claimant a legitimate and equitable demand against the Government, not only for actual, but likewise for constructive or resulting damage. Sec. XV. The amount of the claim in the aggregate due the claimants in Georgia and Alabama, cannot effect its legality and equity in the slightest degree; and if the sum total involved should be the means to illicit the most rigid investigation on the part of Congress, your Memorialist will have the most abiding confidence in its payment. Investigation must result in the full liquidation of the demand, unless Congress should depart from all the the rules of law and' equity, that have heretofore govern- ed its actions in the final adjustment of Claims against the Government. It it were even true, that the loss of the claimants occurred during a state of war with the Creek tribe of Indians, yet the rule resulting from the Act of eighteen hundred and sixteen could not, in jus- tice, be applied to the settlement of the present de- mand ; there is a vast difference between a war with Great Britain and a war with the Creek tribe of Indians ; the law of eighteen hundred and sixteen, under which the Committee on Claims rejected apart of the claim, was en- acted a short time after the close of the war with Eng- land, and was designed by Congress to govern the settle- rnent of those demands that originated during that war ; the one was a powerful foreign enemy and governing their hostilities by the usages of civilized warfare, the other a tributary people, wholly under the control and power of the United States, and governed by rules of warfare pecu- liar to the savage. This tribe,from the first treaty with the United States, in August, seventeen hundred and ninety, down to the last treaty in eighteen hundred and thirty- three, ever acknowledged its dependence upon the Go- vernment; the United States by a small military force, could and ought to have kept the tribe at peace, besides, the Creek nation was too weak at the time of the outbreak to give rise to the application of the principle, " that the Government cannot be expected to protect its citizens 'from losses resulting from an actual state of warthis re- suited from the law of eighteen hundred and sixteen, and so far as a civilized enemy is concerned, is reasonable, for it . is contrary to the usages of civilized warfare to destroy private property, unless occupied by the enemy—with the savage foe, it is otherwise—it is their habit to destroy eve- ry thing that is destructable upon which they can lay their hands, as well the property in possession of the govern- RESOLUTIONS—1851—'2. 559, Claims of the Creek Indians. ment troops, as the private cabin of the settler; indeed, the private dwelling of the citizen, unprotected by a sufficient force, is the first doomed to the torch and destruction. It this be true, then the reason of the rule can have no just application to the claim of the citizens of Alabama and Georgia, who sustained loss and damage by the aggres- sions of the Creek Indians in eighteen hundred and thirty- six ; in civilized warfare, the rule is equitable, in^savage warfare it is absurd. Sec. XYI. Your Memorialist, the State of Georgia, fur- ther represents to your honorable bodies, that it is now about fourteen years- since the Legislature of Alabama in eighteen hundred and thirty-six and eighteen hundred and thirty-seven, brought the subject matter of this claim to the consideration of Congress, and nothing but an impera- tive sense of duty to the claimants of Georgia and Ala- bama, could now induce the State again to ask the Go- vernment to render justice to her citizens ; there is no other tribunal on earth that has jurisdiction of the matter—the courts ot the land are closed to the payment of the just demands of the citizens against the Government, and Con- gress has refused, time after time, to create any legal tribu- nal, competent to adjudicate such demands and render im- partial justice. Sec. XYII. The account of the respective claimants of Georgia and Alabama are on file, and have been on file since eighteen hundred and thirty-seven, in the office of the Commissioner of Indian Affairs at Washington, and open to the inspection of your honorable bodies, and your Me- morialist most respectfully asks your honorable bodies to act upon this long deferred claim without further delay. Assented to, January 22, 1852. (No. 2.) Resolved by the Senate and House of Representatives, Copy of Me- That a copy of the Memorial of the citizens of Georgia, sent to the for indemnity.on account of losses incurred during the ourd Creek war, be sent to the President of the United StateslenPSte.d and each of our Senators and Representatives in Congress.11*68, Assented to, January 22, 1852. 560 RESOLUTIONS—1851-2. Report on Intervention. (No. 3.) It has been the policy of the American Government, Report on i«> from its earliest existence, to maintain friendly relations tervention. with all, but entangling alliances with none. Our true mission is not to propagate our opinions, or impose upoil other countries our form of government, by artifice or force, but to show by our success, moderation and justice, the blessings of self-government, and the advantages of free institutions.. Let every people choose for themselves, and make and alter their political institutions to suit their own condition and circumstances. In proclaiming and adhering to the doctrines of neutrality and non-interven- tion, the United States have not followed the lead of other civilized nations, but have taken the lead and been followed by others. These great principles, proclaimed in the days of Washington and Jefferson, are the great American principles upon which our government has ever stood. The fame and distinction to which we have attained as a people—the great blessings which we have dispensed to the world in affording an Asylum for the oppressed every where, forbid that we should for a moment cherish the idea of abandoning these principles. We sympathize with the oppressed—we tender them a home—but never will we join with the ambitious or the revengeful in a crusade against other nations, whatever may be their domestic policy. A departure from this safe and correct rule would involve our government in endless disputes and endless wars, the result of which, the wisest statesmanship cannot foresee. Our policy should be to observe good faith and justice towards all nations—cultivate peace and harmony wfith all, against the insidious wiles of foreign influence. The jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of a republican govern- ment. In extending our commercial relations, we should have as little political connection as possible with foreign nations—why, b}T interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice ? . jResolved by the Senate and House of JRepresentatrees of the State of Georgia, in General Asserrwly met, That Furnished to His Excellency the Governor, be requested to forward the foregoing declaration of principles to our Sen atom and Representatives in the Congress of the United States, with KESOLUTIOUS—1851-'2. 561 Appointment of Delegates to Philadelphia. $ie request that they may be laid before their respective houses, as the opinions of the people of* Georgia, as to the policy of our government, ana that a copy be sent also to the President of the United States. Assented to, January 22,1852. (No. 4.) The Select Committee,,to whom was referred the com- munication of His Excellency the Governor, accompanied by certain petitions of the Select and Common Councils of the city of Philadelphia, relating to the consecration of Independence Hall by the original Thirteen States, and the erection of Monuments in the' groves near the place and spot where the Declaration of Independence was framed and signed, * report: That they have had the same under consideration, and concur in saying, that no work of higher or holier interest could occupy the minds of the descendants who laid the foundation of Our liberty and national glory, than that con - pendence templated by the resolutions of the Select and Common erw1tionI1ffth8! Councils of the city of Philadelphia. That there should near the spot be a spot so sacred and dear to every American heart, asrtt^on Independence Hall, in their keeping, must be a matter ofen earnestly requested to urge upon Congress and the,Gov-c ernment the importance of a matter so deeply interesting to the whole Southern portion of the Union. Resolved, That a copy of the foregoing Preamble and ^ ^ ^ Resolutions be forwarded to our Senators and Representa- tomwded? tives in Congress. Assented to January 23,1852. 56! ' RESOLUTIONS—1851-2. Arms to Savannah Volunteer Guards—Volunteer Companies disbanded—Joseph Sturgis. (No. 7.) Resolved by the General Assembly, That the Governor PeretEred requested to obtain One Hundred stand of Percursion sauvakmahbr Muskets from the General Government, for the use ot the ' Volunteer Savannah Volunteer Guards. Assented to, January 22,1852. (No. 8.) Resolved by the Senate and House of Representatives, collection of -^at ^e Governor be and he is hereby requested to have A°™scofVoi. returned to the State Department, all arms received by paSwhTch: Volunteer Companies which have disbanded, and in the are disbanded. eve?1{. they fail to comply in whole or in part, that the Governor shall then cause to be collected the bonds given for the same. . Assented to, January 22,1852. (No. 9.) The Select Committee, to whom was referred the mes- sages of His Excellency the Governor, with the accompa- nying documents, relative to the amounts collected, and the compensation allowed Joseph Sturgis, Esq., agent for the State of Georgia, to prosecute the claims of the State against the General Government for advances made for the suppression of Indian hostilities in the years 1836, 1837, and 1838, have investigated the same, and ask leave to Report: Your Committee concur, fully, with his Excellency the Reportand ^ Governor, in his construction of the contract between Gov- re^auo°nJfjnm ernor Towns and said Joseph Sturgis, fixing the compen- *XsturB& sation of said Sturgis for prosecuting as agent for the State, the claims above mentioned, viz: That said agent was to receive as his full compensation for his services, an outfit of Five Hundred Dollars and ten per centum, upon the amount collected by him for the State. And such being RESOLUTIONS—1851-'2. 865 Claim of Joseph Sturgis. their construction of said contract, your Committee are therefore decidedly of the opinion that the account of Five Hundred and Eighty-Two Dollars and Thirty-Seven Cents, claimed by said Sturgis for expenses at the Second Session of the last Congress, and for collecting testimony, and which account has recently been paid by His Excellency the Governor, was improperly demanded, and should not have been allowed and approved by Governor Towns, but the same having been so allowed and approved, and audit- ed by the Comptroller General before Governor Cobb came into office, your Committee cannot conceive how he could avoid the payment thereof, although they are well satisfied," as before stated, that said Joseph Sturgis was not entitled to the amount claimed in said account, or to any part there of, and that he has received for his services the sum of Five Hundred and Eighty-Two Dollars and Thirty-Seven Cents, more than was stipulated to-be allowed him by the contract before referred to. It appearing from the message of His Excellency the Governor, upon this subject, that there is no evidence in the Executive Department that Mr. Sturges has ever re- ceived the Five Hundred Dollars stipulated in said con- tract as an outfit, your Committee deem it proper for the purpose of showing that he has long since received said outfit, and that the same may be of record, to insert in this report the following copy of an instrument in writing, the original of which is in the possession of Mr. A. M. Nisbet, Cashier of the Central Bank, to-wit: '"Executive Department,) November 20,1849. J "By a Joint Resolution of the Legislature, I am directed to appoint an agent to prosecute military claims of the State of Georgia at Washington City, and as it is desirable that the agent repair without delay, and before any appro- priation is made to defray the expense of said agent, this is to shew that as soon as the appropriation is made, I will pay the holder of this Five Hundred Dollars, the same being the amount stipulated to be paid to the agent ap- pointed upon the presentation of this, with the endorse- ment thereon of the Hon. Joseph Sturgis, said agent. (Signed,) ' Geo. W. Towns, Governor. ( endorsement.) , " His Excellency, Geo. W. Towns, will please draw his warrant in favor of A. M: Nisbet, Cashier of the Central Bank, for the within, and oblige *, 1 Joseph Sturgis, Agent of State. Nov. 20,1849. 566 EESOLUTIONS—1851~'2. Claim of Joseph Sturgis. It therefore appears from the writing, and the endorse- ment thereon of Mr. Sturgis, that he did on the twentieth day of November, eighteen hundred and forty-nine, receive said outfit of Five Hundred Dollars from the Central Bank, the Bank advancing the same for the State, until appro- priation was provided by the General Assembly. The fross amount thus far recovered by Mr, Sturges for the tate, as appears from* his report to Governor Towns, is Seventy-Two Thousand Nine Hundred and Fifty-Five Dollars ■ and Twenty-Four Cents, ($72,955 24,) and for the Central Bank Twenty-One Thousand and Forty-Four ^Dollars, ($21,044 00,) and has received for his services the sum of Ten Thousand Eight Hundred and Thirty-Two Dollars and Twenty-Nine CSnts, made up of the following items, to-wit: Outfit by the State in 1849, $500 00 Ten per cent, upon $72,955 24, 7,295 52 Account for expenses at Second Your Committee will close their Eeport by recommending to the Senate the passage of the following resolution, to- wit: jResolved, That the claim of Joseph Sturgis, Esq., of Five Hundred Dollars, for" services at each session of Con- gress he may attend while prosecuting the military claims of the State against the General Government, is not war- ranted by his contract with Governor Towns; and that Governor Cobb, in giving said Sturgis notice that he would hereafter allow him as a compensation nothing more than Ten per centum upon the amount he may in future recover, acted in perfect conformity with said con- tract. All of which is respectfully submitted. Assented to, January 22,1852. Session last Congress, Collecting testimony, From the Central Bank, (outfit,) Ten per cent. Commissions on $21,044 00 2,104 40 2,454 40 500 00 82 37 8,377 89 350. 00 $10,832 29 RESOLUTIONS—1851-2. 567 Committee to examine W. & A. II. R.—Disposition of the Jonrnals and Acts. (No* 100 Resolved by, the Senate and House of Representatives sub-commit- of the State of Georgia in General Assembly met, That the wlIS Connpaittee on Internal. Improvements, of the two Houses, respectively, are hereby authorized to; appoint: a sub-corn- mittee from each, to consist of two from the. Senate's , com,- mittee, and three from the House committee, who shaljL form a Joint, Committee, whose duty it shall be to proceed to the Western; and. Atlantic Railroad, and to make a thorough examination of the said,Railroad, its, equipment, finances, management, and all other matters relating:to' the road, of interest to,the State*,; and that the said com- mittee may discharge their "duties efficiently, they are hereby empowered to procure such advice and assistance as they may deem necessary, to examine all books and pa- pers connected with the business and operations of the road, to compel the attendance of all persons whose testi- mony they may desire, and the production of books and papers, and to call upon the Chief Engineer, and all other officers and agents of said road, for such information and assistance in the discharge of their: duties, as they may deem necessary, after making the examination herein pro- vided for. It shall be the duty of said sub-committee to report through then respective committees upon the sub- ject committed, to them^ together with their estimate.of the sum necessary to refit and equip the road, so as to place. the same in, complete and successful operation. Assented to, November 15,.1851. (No. 11.) Resolved by the'Senate and House of Representatives, Acts & j 15 25 To George Jones, for over-payment of taxes, IB 26 ■ To Jared Tomlinson, for services as Senator 1849,. 16 27 To Messrs. Baynes and Williams, as members of H. of R. 10 28 To repair Arsenal at Savannah, .16 29 To Military Store-Keeper at Milledgeville, 16 30 For the increase of State Library, 16 31 Salary of State Librarian—his duties, 17 32 To James R. Butts, late Surveyor General, 17 33 To pay existing debts of Penitentiary, 1 17 34 To repair Penitentiary buildings, fence, &c. 17 35 To B. F. Dense, for lighting chandeliers, &c, 17 36 To B. B. Moore, for advertisements, &c. , 17 37 To John Cutchen, Drum Major, &c. , 13 38 For expenses of taking census, 13 39 To Committee making Educational Report, ig 40 For Deaf and Dumb,. 80 41 To Joseph Marshall and Uriah Smith, 343 37 578 index. APPROPRIATION S—Continued. 42 Levi S. DeLyon and Asher Ayers, *' 344 43. Reuben S. Willingham, Tax Collector, 345 44 To Lewis F. Harris, Administrator, &c. 346 . 45 To Ira Sanburn, 347 46 To J. J. Tooke and Thos. H. Polhill, 247 47 To persons arresting James Williams, • 348 48 To estate of James Mapp—To James T. Hemphill, 348 49 To X. G. McFarland, . , 349 50 To William C. Dun, Tax Collector, &c. 350 51 To James Gibson—loss of negro, 351 52 To Seaborn Jones—loss of land, 352 See Rivers. . ■ ATLANTA, CITY OF 1 Charter amended—Election of Marshal, . 386 2 Extra Tax, > 387 ATLANTA BANK. 1 Incorporated—charter, 39 •ATTACHMENT. 1 Authorized against Joint Contractors and Copartners « in certain cases, where one or more is liable to the process individually, 19 3 Mode of proceeding in such cases, 19 ATTORNEY. 1 John W. Duncan and A. F. Braham, authorized to plead and practice, 353 See Ordma/ry, 24. AUGUSTA. 1 Acts amended as to Police Court, . 416 2 Election of Mayor and Council, 417 3 Qualification and oath of voters, 417 4 Donation to Orphan Asylum authorized, 436 AUGUSTA INSURANCE & BANKING COMPANY. 1. Charter extended, . 28 BAINBRIDGE, TOWN OF 1 Charter amended, 417 BALDWIN COUNTY. 1 Fees of Magistrates and Constables raised, 438 2 Painters to have the same lien as masons, 447 3 Road laws amended, 522 BANKS AND BANKING. 1 Specie paying Banks may issue Change Bills to 20 per1 cent, of capital, 21, 26 2 Receivers hereafter appointed to give bond, in discre- tion of Governor, 22 3 Receiver to wind up Ocmulgee Bank—Appointment, &c. 23 4 Change Bills—Issuing prohibited except by Banks— Penalty, 25* index. 579 BANKS AND BANKING—Continued. 5 Central Bank—Commission to examine and wind up, 27 6 Augusta Insurance & Banking Co.—charter extended, . * 28 7 Bank of the State of Georgia—charter extended and amended, 29 8 Manufacturers and Mechanics Bank of Columbus— incorporated, 30 9 The LaGrange Bank—incorporated, ■ 35 10 The Atlanta Bank 39 11 The People's Saving Bank of Augusta—incorporated, 212 12 Special tax on Banks, 292 BANK OF THE STATE OF GEORGIA. Charter extended and amended, ' 29 BIBB COUNTY. 1 Jurisdiction of Magistrates in Macon increased, 439 2 Fees of Magistrates and Constables regulated, ♦ 443 ■ 3 Painters to have the same lien as Masons, 447 BILLS OF REVIEW. 1. To be brought in three years, 240 BISHOP, BRINKLY Pardon of 505 BLIND, GEORGIA ACADEMY FOR Incorporated—appropriation, Ac. 4 BOONE, KINCHEN P. * Pardon of . 5Q5 BRIDGES. 1 Oglethorpe Bridge and Turnpike Co.—Act relative to 19Q 2 Albany Bridge Company—incorporated, 283 3 Nathaniel Smith's Bridge—tolls allowed, 284 4 Terhune and Tumlin's Bridge " 284 See Roads, Bridges and Ferries. BROWN, ELEANOR • Relief of 515 BRUNSWICK, CITY OF Proprietors incorporated, 427 BRYAN COUNTY. See Sheriffs 4. BULLOCH COUNTY. 1 Ordinaries Office at his residence, 466 2 License of Pedlers in 508 CALHOUN, TOWN OF Incorporated, 419 CAMDEN COUNTY. 1 Line of 959th district changed, 448* 2 Act to compensate Petit Jurors repealed, 482 CAMPBELL COUNTY. 1 Act of 1847 concerning the pay of Jurors, amended, 483 2 Extra tax authorized, 483 580 INDEX. CAMP GROUNDS AND CHURCHES. . 1 Presbyterian Church at Marietta—incorporated, 305 2 Jewish Congregation of Savannah—charter amended, 359 3 " Concord Church'* changed to " Anderson Meeting House," ' 359 4 Marietta Baptist church—incorporated, 360 5 Pisgah Baptist church " 360 <3 Baptist church of Christ " 360 7 Hopeful Baptist church " 362 S Aramatheon Methodist church " 364 9 Haw-Hammuck Baptist church " 365 10 Broom Town Camp Ground " 366 11 Antioch M. E. Church " 368 12 New Providence church—Trustees appointed, 373 13 St. Paul's Parish (Albany) incorporated, 374 14 Bethlehem camp ground " 374 15 Ball Hill camp ground " 375 16 Baptist church at cedar creek " 375 , 17 Ebenezer church and camp ground—incorporated, 376 18 Union Baptist church " 376 . 19 Lexington Baptist church " 377 20 Euharlee church " 377 21 Baptist church in Washington—charter renewed, 380. 22 Baptist church at Antioch—incorporated, 381 CANALS. See Steamboats am,d Canals. CARROLL COUNTY. 1 Deer killing regulated,, 448 2 Insolvent Tax List to be allowed by Inferior court, 534 CAYE SPRING. 1 Incorporated, 420 CENSUS. 1 Appropriation for 18 2 Mode of taking and making returns, 45 3 Census takers—appointment of, &c. 46, 47 4 Effect of failure in any county to make returns, 46 5 Penalty for false returns, 47 CENTRAL BANK. Commission to wind up—Governor's duty, 27 CHANGE BILLS. 1 Banks may issue to 20 per cent, of capital, 21, 26 2 All others prohibited—Penalty, 25 3 One-half of fine to informer, 25 4 Nevertheless collectable and subject to taxation, 2( 5 Penalties incurred under former Acts remitted, 26 CHARITABLE INSTITUTIONS. 1 The " Preachers' Aid Society" &c., incorporated, 35' 2 The " Hebrew Benevolent Society" " 35( INDEX, 281 CHARITABLE INSTITUTIONS—Continued. 3 " Muscogee Asylum for Poor"—charter amended, 357 4: Savannah Female Asylum, " " 357 5 " Savannah Mutual Loan Association"—incorporated, 368 6 Augusta Orphan Asylum 436 7 The Franklin Building and Loan Association—The r Oglethorpe Infantry Loan Association, 212 CHATHAM COUNTY. 1 Election of constables' in Savannah regulated, - 438 2 Act of 1850 as to lumber measurers, &c., repealed, 449 3 Act to preserve the purity of elections, 449 4 Road' commissioners empowered to shut up a certain creek, 524 5 Payment of petit jurors, 483 CHATHAM ARTILLERY. Privileges granted to 537 CHATTOOGA COUNTY. 1 Act consolidating the offices of Tax Receiver and Col- lector—repealed, . 529 CHEROKEE COUNTY. 1 Jurors to be paid, and how, 485 2 Extra tax authorized, ■ 485 3 Act consolidating the offices of Tax Receiver and Col- lector—repealed, 485 4 Insolvent tax list to be allowed by Inferior court, 533 CHURCHES. See Camp Grounds and Churches. CLERKS OF SUPERIOR & INFERIOR COURTS. 1 Shall procure official seals, 77 2 Failure to procure a misdemeanor, 77 3 May advertise in any newspaper having a general ,cir- culation in the county or district, 78 4 Acts of deputies authorized and legalized, 79, 234 5 Proceedings on failure to send record to Supreme Ct. 215 CLERK OF SUPREME COURT. See Supreme Court. CLINCH COUNTY. See Sheriff, 5. 1 County site—named Magnolia, CLINCH RIFLES. Privileges granted to COBB COUNTY. 1 Provision for building new court-house, 2 Certain papers to be transmitted to Paulding,, COLLEGES. See Academies and Colleges•. , COLOR OF TITLE. See Limitation of Actions. . 455 538 458 493 582 INDEX. COLUMBIA. COUNTY. 1 Amendment of road laws, 525 COLUMBUS. 1 Loan to Bailroad authorized, 387 2 Watcfi—retail licenses—taxes, &c. 430 COLUMBUS FACTORY COMPANY. Authorized to build a dam partly across the Chattahoochee, 521 CONGRESSIONAL DISTRICTS. Laid off, 88 CONSTABLES. 1 Fees for following property with attachment, 20 See. Baldwin cov/nty, 1 / Bibb county, 2 / Chatham county, 1 / Effingham county, 1; Lee county, 1 / Monroe county, 1; Bichmond county, 1. - 1 Amendment to 3d section 1st article, (Senator to each county,) 48 2 Amendment to 7th section 1st article, (Apportionment of representatives,) 49 3 Amendment to 6th section 3d article, (Ordinary,) 49, 50 CONTINUANCE. 1 Of causes that have been to Supreme Court, 216 CORNETT, G. D. Pardon, of, 506 CORONERS. 1 Fees in certain cases on attachments, 20 COUNTIES AND COUNTY LINES AND SITES. 1 Laws changing residence, without altering boundary lines, repealed, 52 2 Polk county—laid out, 52 3 Provisions relative thereto, 52 4 New county site in Paulding, 55 5 Whitfield county—laid out, 56 6 Provisions relative thereto, 50 7 Spalding county—laid out, .58 8 Provisions relative thereto, 58 9 Taylor county—laid out, 61 10 Provisions relative thereto, 61 11 Since changed between Paulding and Cobb, 55 12 Telfair and Appling, 63 13 Pulaski and Telfair, 64 14 Baker and Thomas, 04 15 Lowndes and Thomas, 04 16 Meriwether and Coweta, 04 17 Hall and Gwinnett, - 65 18 Baker and Randolph, 05,72 19 Hall and Lumpkin, 05 20 Telfair and Irwin, 05 INDEX. ,883 COUNTIES & COUNTY LINES & SITES.—CONT'D. , 21 Lee and Sumter, 65 22 Cobb and Cherokee, 65 23 Floyd and Cass,^ 65 21 Jasper and Newton, 66 25 Gordon and Floyd, 66, 74: 26 Wilkes and Lincoln, 66 27 Paulding and Polk, ' 67 28 Jasper and Jones, 67 29 Cass and Floyd, 68, 30 Paulding ana Cobb, 68 31 Paulding and Polk, 68 32 Thomas and Baker, ' 69 33 Walker and Gordon, 69 34: Cass and Paulding, 69 35 Murray and Gordon, 69,74: 36 Polk and Floyd, 69 37 Ware and Wayne, 69,70 38 Campbell and Fayette. 70 39 Ware and Telfair, 71 40 Madison and Jackson, 71 41 Madison and Clark, 72 42 Macon and Crawford, 73 43 Pike and Spalding, 73 44 Randolph and Stewart, 75 45 Cass and Polk, 75 46 Twiggs and Bibb, 75 47 Marion and Macon, 76 COUNTY OFFICERS. 1 Shall procure seals, 77 2 May advertise in any newspapers having a general circulation, 78 3 File of papers to be kept, 78 4 Acts of deputy clerks, legalized, 79 5 In contested elections—Governor to commission the one having highest legal vote, -79 COURT OF ORDINARY. See Ordinary. COURTS. 1 Common Pleas of Augusta—sessions changed, ' 222 See Supreme Cowrt, Superior and Inferior Courts, Jus- tices of the Peace. COYINGTON, TOWN OF 1 Corporate powers extended. COWETA COUNTY. 1 Petit Jurors—how paid, 485 2 Extra tax authorized, 485 3 Duty imposed on Tax Receivers and Collectors, ' 535 INDEX. CRAWFORD, JAMES J. B. Relief of 518 CUTHBERT, TOW OF Charter amended, 459 DADE COUNTY. I Extra tax authorized, 531 DALTON. 1 Act of 1847 repealed, 388 DEADLY WEAPONS. 1 Mode of carrying prescribed, 269 DEAF AND DUMB. Appropriations for 80 DECATUR COUNTY. 1 Mode of paying witnesses prescribed, 269 DEKALB COUNTY. 1 Jurors—how paid, 486 2 Extra tax authorized, 486 DEKALB RIFLEMEN. Privileges granted to 537 DESOTO, TOWN OF Incorporated, 422 DOOLY COUNTY. Act consolidating offices of Tax Receiver and Collector, repealed, 530 DUPREE, E. J. Relief of 516 EARLY COUNTY. 1 Books to be sent to it, 451 2 Duty imposed on Tax Receiver and Collector, 535 EATONTON. 1 Charter amended, 424 EDUCATION. 1 Fund set apart for education of the poor, 1 2 Balance of Convention appropriation to be invested, 1 3 Scrip to be under control of Treasurer, 2 4 Annual distribution of income, 2 5 Ordinary—School commissioner.^ officio, 2 6 Lumpkin and Rabun, Chatham and Union counties, excepted from this Act, 24 7 Duties of school commissioner—assistants, &c. 3 8 Payment of accounts—disposition of surplus, &c. 3 9 Judges to give this Act in charge, 4 10 Georgia Academy for the Blind—appropriation, &c. 4 II Cadets educated in Georgia Military Institute, • , 6 12 Provisions to carry out this Act, 7, 8 13 Provisions for a poor school fund in Chatham county, 331 14 Appropriation of school fund in Laurens, .334 15 Provisions for education in Twiggs county, 335 index. S85 EDUCATION—Continued. • 16 Act of 1850, as to Walker county, repealed, 336, ' 17 Provisions for certain teachers in.DeKalb, 337 18 " • " " in Early, 338 19 " " " in Hall, 338 20 * " " in Jasper, *339 21 « " " in Laurens, 339 . 22 " " " • in Newtoii, 340 • 23 " " in Pike and UpsOn, 341 24 " " " in Walton and Henry, -.342 EFFINGHAM COUNTY. 1 Jurisdiction and fees of magistrates and constables, 440 ELBERT COUNTY. 1 Officers in Elbert may advertise in any newspaper, 445 ELECTION. 1 Of Ordinary, 50 2 Duty of Governor in contested elections, 79 3 Oath of Superintendents, 82 4 List of voters for Grand Jury, 83 5 Challenged voters marked, 83 6 Duty of Grand Jury in relation thereto, t 83 7 Duty of Grand Jury if no list is returned, 83 8 Ballots to be numbered, l ( 84 9 How disposed of in contested elections, ( 84 10 Otherwise to be burned, 84 11 Judges of Superior courts—election, i 85 12 Provisions relative thereto, 1 85, 88 13 Yacancies—how filled, 87 14 Congressional Districts—laid off, 88 See Chatham comity, 1,3. 1 ELECTION PRECINCTS ESTABLISHED. 1 At all Justices' court grounds in Bulloch, Cass, Clinch, Crawford, Emanuel, Eorsyth, Gordon, Gwinnett, - Murray, Pike, Polk, Scriven and Spalding counties, 461 At Burns' Mill, in Scriven, , > 462 " Marshallville, in Macon, 462 " Justices' court in 687th district, in Lee, i 462 " . " " in 454th district, Walton', 462 " " "in 48 th district, Bulloch, 462 " H. Patterson's, 382d district, Madison, 462 " Santa Fe, Jackson, 462 " Kirkland, Jackson, • 462 " Justices' court, Mossy creek district, Habersham, 463 " Alexander, Burke, 463 " White Plains, Greene, 463 " Indian Springs, Butts, 463 " Glade Precinct, Oglethorpe, 463 " all Justices' court grounds in Murray and Whitfield, 463 586 INDEX. ELECTION PRECINCTS—Contihtjed. . " Daniel Yaughn's, Twiggs, • 463 " Justices' court, 21st district, Stewart, 464 " " " 1046th district, Decatur, 464 "'Bermuda, "Warren, 464 " Justices' courts in 992 and 742d districts, Coweta, 465 PRECINCTS ABOLISHED. 1 At all places not Justices' court grounds, in Murray ' and "Whitfield, 463 ,2 At Higgsville and Tarversville, in Twiggs county, 463 3 At Wiley Law, Sumter, . 464 4 At "W. Mobley's, Randolph, 464 At Justices' court, 5th district, Randolph, 464 PRECINCTS CHANGED. In 982d district of Irwin county, ' 461 In 586th district of Clinch, 461 Erom Wm. Felton's to "Winchester, Macon, 462 " Hamburg to Oglethorpe, Macon, 462 " Snatchville to Opepilko, Laurens, 462 " Porter's to Morgan's, in Penfield, 463 " Ram ah to Gordon, "Wilkinson, 463 " Bloodworth's to Spann's, Wilkinson, 463 In 61st, 64th and 65th districts of Burke, to Justices' court grounds, ' 463 In 985th district of Gilmer, 463 Erom N. Duncan to N. Rumsey, Elbert, 463 " T. King to Jackson's Spring, Houston, 463 " Prattsville to Colaparchee, Monroe, 463 In 5th district Carroll, to Justices' court, 468 Erom B. B. Rutland's to W. Posey; Dooly, 464 " Sylvan Hill Precinct to S. Evans', Hancock, 464 " D. Goode's to Justices' court, Campbell, 465 " Buckner's Preeinct to Justices' court, Talbot, 465 EUHARLEYYILLE. 1 Incorporated, 424 EVIDENCE. 1 Interrogatories for a sole witness, 90 2 In case of steamboat injuring a raft, burden of proof on owner of boat, 163 EXECUTORS, &c. See Administrators, Executors, dec. EAYETTE COUNTY. 1 Duty imposed on Tax Receivers and Collectors, 535 FEES. . 1 Of Sheriffs, &c., for following property, with attachment, 20 2 Of Ordinary, 97 3 Of Jailor, for keeping insane slaves, &c. 287 m>e,x. 587 FEES—Continued. 4 Of Justices of the Peace and Constables in Baldwin county j raised, 438 5 The same in Effingham, 440 PERRIES. 1 Bennington's Ferry on Flint river authorized, 380 FLOYD COUNTY. ' 1 Provisions as to distempered cattle, 453 2 Extra tax authorized, 532 3 Three panels of Jurors for Superior court, 492 FORCIBLE ENTRY AND DETAINER. . 1 Service of notice on non-residents, 261 FOREIGN GUARDIAN. See Administrators, cfee., 19. FORFEITED LOTS. See Zand Laws. FOSTER, SARAH G. Relief of, 517 FRANKLIN COUNTY. 1 Payment of jurors, 488 ' 2 Extra tax authorized, 488 3 Pedlers' licenses—provisions as to, 508 FRAUDS. See /Statute of Fromds. FREE PERSONS OF COLOR. See Slaves, dec. GEORGIA ACADEMY FOR THE BLIND, 1 Incorporated, &c., 4 GEORGIA MILITARY INSTITUTE. 1 Education, &c., of State cadets, 6 GERMAN YOLUNTEERS. Privileges granted to, 537 GOYERNOR. 1 Duties and powers in relation to Georgia Military In- stitute, 7, 8 2 Powers and duty as to receivers' bonds, 22 3 Duty as to winding up Central Bank, 27 4 Duty as to commissioning, in contested elections, *79 GRANTS. 1 Authorized to issue to W. P. Hightower, for fraction in Coweta, 471 Jeff. Alford, for fraction in Meriwether, 471 Inferior Court of Early county, for educational purpo- ses, , 472 Z. Bonner, for fraction in Carroll, 472 H. S. Roberts, for lot in Muscogee, 473 Thomas A. Jones, for lot in Carroll, 474 See Lamd Laws. 588 ' INDEX, GREENt JEMIMA. Relief of, 517 GREENVILLE. 1 Charter amended, 425 GUARDIANS. See Administrators, c&?., HABEAS CORPUS. • 1 Notice of application to prosecutor or attorney, HABERSHAM COUNTY. ceedings thereupon, COUNTY. ,236 1 Books to be sent to, 451 2 Vote to be taken on compensation of jurors, and pro- 490 HALL ~~~ ' 5 1 Pay of jurors suspended, 494 2 Insolvent tax lists allowed by Inferior Court, 534 HANCOCK COUNTY. 1 Act for payment of iury,*on trial of slaves, repealed, 489 HARRIS COUNTY. 1 Petit jurors—how paid, 489 HEARD COUNTY. 1 Adjourned term of Supreme Court for Nov., 1851—- legalized, 493 HICKS, DANIEL, AND OTHERS. Relief of, v "518 HUSBAND AND WIFE. 1 Husband deserting, the wife's earnings vest in herself, 237 INCORPORATIONS. , * Augusta, Atlanta, and Nashville Magnetic Telegraph Company—incorporated, 193 Rome Branch Magnetic Telegraph Company—incorpo- rated, . 197 ~ Curtright Manufacturing Company—incorporated, 201 Hancock Manufacturing Company, Augusta Gas Light Company, and Macon Gas Light Company—incor- porated, 203 Sweet Water Manufacturing Company—incorporated, 206 La Grange Steam Mill Company— " 208 Lawrenceville Manufacturing Company— u 208 Savannah Patent Steam Brick Company— " 209 Rock Island Factory Gompany—Augusta Machine Works—incorporated, » 210 Howard Factory—Coweta Falls Manufacturing Compa- ny—incorporated, 210 The Peoples's Saving Bank, of Augusta, 212 The Republican Blues' Building and Loan Association— incorporated, 212 The Chatham Mutual Loan Association—incorporated, 212 INDE£. 589 The Franklin Building and Loan Association—incorpo- rated, 212 The Oglethorpe Infantry Loan Association—incorpora- ted, « 212 Warsaw Navigation company, 276 Georgia Mechanical and Manufactural Institute, 475 Southern Hydropathic Institute, ' § 476 Lanier House company, " 477 Sparta Hotel company, 479* Oostanaula Fire company, No. 1, 479 Washington Fire company, > • . 481 VOLUNTEER COMPANIES—INCORPORATED. Baldwin Blues, Augusta Guards, ' Savannah Volunteer Guards, Republican Blues, SONS OF TEMPER AN CE—INCORPORATED. * Grand Division, and all subordinates, , Chattahoochee and Muscogee Divisions, • Trustees of Temperance Hall, (Columbus,) Baldwin Raiford Division, Yemassee Division, Greensboro' Division, MASONIC LODGES—INCORPORATED. Eureka Lodge—Cohutta Lodge—Alleghany Lodge, 363 Hunter Lodge—Coosa Lodge—McKay Lodge, 371 Harmony Lodge, 380 Caledonia Lodge — Georgetown Lodge-—Washington 4 Lodge, 381, McDonough chapter, 381 Fraternal Lodge — Pinton Lodge — Generous Warren Lodge, 382 Carrollton chapter, 383 Atlanta Lodge—Perry chapter—Houston Lodge, 384 Thurmond Lodge—Lincoln Lodge—Thomaston chapter, 384 Morning Star Lodge—Ringgold Lodge, 385 INDEPENDENT ORDER OF ODD FELLOWS—INCOR- . PORATED. Rome Lodge, 372, Wildy Lodge, 372 See the following Titles for Acts of Incorporation of each class. * Academies and Colleges, Banks, Bridges, Charitable Institutions, Camp Grounds and Churches, Rail- * roads, Steamboats, dec.; Turnpike and Plank Roads. INDEPENDENT VOLUNTEER BATTALION. OF SA- VANNAII. See Volunteer Companies. 256 258 539 539 367,368 362 362 368 370 385 590 INDEX. INFERIOR COURTS. See Ordinary, Superior, and Inferior Courts. * INSOLVENT DEBTORS. ; - 1 Oxen and cart exempt, if debtor owns no horse, * 106 INTERROGATORIES. 1 For sole witness, 90 I. O. O. F. See Incorporations. JACKSON, SUSAN. Relief of, • 519 JACOBS, W. G. Relief of, 518- JEFFERSON COUNTY. 1 Road laws amended, 525 JEFFERSON, TOWN OF. 1 Incorporated, 427 JOHNSON, JAMES. Pardon of, 506 JOINT CONTRACTORS. 1 Attachment against them in certain cases, 19 JUDGES OF SUPERIOR COURTS. 1 Shall give in charge Education Act, 4 2 Election of, vacancies, &c., 85, 88 3 Qualification of, ' 87 4 Those in office to serve out the term, 87 5 May alternate, 87 JUDICIARY. 1 Process by deputy clerk legalized, 234 2 Sci.fa.—how directed and served, 234 3 Suits on bonds of executors, administrators, and guar- dians, 235 4 Notice of application for Habeas Corpus, 236 5 Wife's earnings—where husband deserted, 237 6 Bills of review—to be brought in 3 years, 240 7 Traverse of return to mandamus, 241 8 Order of argument by counsel in criminal cases, 242 9 Public sales may be continued from day to day, 243 10 Consideration of promise to pay another's debt need not be in writing, 243 JURORS. See the following Counties:: Camden, Campbell, Ghat- ham, Cherokee, Coweta, DeKalb, Floyd, Frank- tin, Habersham, Hall, Hancock, Harris, Lump- km, Macon, Madison, Murray, Pcmlding, Rich- mond, Sumter, Union, Walton, Warren, Wash- * ington. JURY—GRAND. 1 Duty as to list of voters returned, 83 I INDEX. 591 J J__ See Baldwin County, 1, Bibb County, 1, 2, Effingham . Countnk 1, Lee, 1, Monroe 1, Bichmond, 1, Ware, 1. JUSTICES OF THE PEACE. 1 Qffice papers, when lost, may be established immedi- ately, ' '215 2 If lost by any person other than the justice, may be established, on affidavit, 215 LA FAYETTE, TOWN OF. 1 Act of 1835 revived-i-limits prescribed, 160 LA GRANGE, TOWN tXf. 1 Charter amended, 1 131 LA GRANGE BANK. | 1 Incorporated—charter, , 35 LAND LAWS. 1 1 Errors in copying grants in Secretary of State's office —how corrected, \ 217 2 Time extended for grafts on head-rights, . 218 3 Grants on transferred warrants to issue to purchaser, 219 1 Certain surveys in Columbia county declared valid, 219 5 Time granted to informers to take out grants, 250 6 After that time, to be granted to any one, on paying fees, T '250 7 Time given to purchasers of fractions, &c., 251 8 Lot No. 60, in Gwinnett, to be sold, 252 9 Grant's fees prescribed for lands in Ware, , 252 LAWS. - 1 Mode of publication prescribed, 253 LEU COUNTY. 1 Fees of magistrates and constables, 113 2 County site made permanent, 157 3 Pedlers licensed—provisions as to, 509 • 1 Extra tax authorized, , 532 * 5 Insolvent tax list to be allowed by Inferior Court, 531 LEGITIMATING ACTS. \ , . See. names—cham,ge,of. 1 < LIBRARIAN, (STATE,) 1 Salary, duties, &c., 17' 2 Appropriation for salary, 16 LIEN. / \' See lien of Actions, 1, Baldwin, 3, Bibb, 3. 1 Lien extended to all machinists' on mills, boats, &c., 237 LIMITATION OF ACTIONS. . 1 Bona fide purchasers protected from lien of judg- ments, after four years' possession»of realty, and two years of personalty, 238 2 Fraudulent or forged deed no color of title, 239 3 Possession alone—not color of title, 239 ,592 INDEX. 4 Statute does not run in favor of persons absconding or removing, » 239 5 Bills of review—three years, 240 6 Exception in favor of minors, &c., » -240 ^LOST PAPERS. . 1 How established in justices' courts, 245 LOTTERIES. 1 Greene and Pulaski Monument Lottery Act amended, 504 LUMPKIN COUNTY. J | 1 Yote of the people to be .taken on the compensation I of jurors, 490 2 Proceedings thereupon, ' 490 LUNATICS. ' See Slcwes\ dkc., 5 to 8. | lUNATIC ASYLUM. I ' 1 Appropriations, ' - 254 ' 2 Mode of letting contracts, ' t 254 3 Payment of debts,. / 254 4 Convicts in Penitentiary may be used ©n this work, 254 McINTOSH COUNTY. ■. / - 1 Road laws amended, . 526 2 Certain persons exempted from road duty, 526 3 Provisions for appointment and fees of pilots, , 513 MACON COUNTY. ' . . 1 Jurors for Superior Court—two panels to be drawn, 492 2 Act consolidating the offices of Tax Receiver and Col- 1 lector, repealed, • . 1 530 MACON, CITY OF. * 1 Various Acts amended, ' 1 389 MADISON COUNTY. t 1 Provisions for pay of jurors, and extra tax, 487 f See Sheriffs 6. • * MANDAMUS. 1 Answer under oath, ' 241 2 Traverse proceedings thereon, ' 241 MANUFACTURERS' AND MECHANICS' BANK, OF COLUMBUS. ' 1 Incorporated—charter, , . 30 MARIETTA. v 1 Incorporated, I, , 390 MARRIAGE LICENSES. 1 Granted by Ordinary, 50 MASONIC LODGES. See Incorporations. MILITIA LAWS. 1 Exemptions- and Privileges to Cavalry Corps, 255 2 Organization of Squadrons and Regiment of Cavalry, 255 3 Organization of 1st Reg. 1st Brig. 1st Div. 1 257 INDEX. 593 4 Law amended as to 18th Eegiment, 258 MILLEDGEVILLE. 1 Extra Tax to pay sale to E. E. . 397 2 Elections—how regulated, 1 430 MONEOE COUNTY. 1 Fees of magistrates and constables, 443 MONTGOMEEY COUNTY. ; 1 Ordinary's office, at his residence, 46$ MONTICELLO, TOWN OF. 1 Charter amended, * 432 MOUCHET, JAMES. Pardon of 507 MUEEAY COUNTY. 1 Provision for taking a vote of the people on compensation of Jurors, 491 2 Proceedings thereupon, 492 MUSCOGEE COUNTY. See Sheriff, 7, 8. NAMES, CHANGE OF. Acts for changing names of, and legitimating various persons therein named, 496 to 503 NEWNAN, TOWN OF. 1 Charter amended, 433 OCMULGEE BANK. . 1 Eeceiver—Appointment—Duty, &c 23, 24 2 Eeceiver, ad Utem—Distribution of Money collected, 24 OGLETHOEPE CITY. 1 Incorporated, 398 OGLETHOEPE INFANTEY. See Volunteer Companies. OEDINAEY. 1 School Commissioner, ex-officio—Duties, &c. 2, 3 .2 Appeal from decisions to Supreme court, - 50 3 Lx-offieio clerk—may appoint a deputy, 50 4 May issue citations and grant temporary letters, 50, 5 May grant Marriage Licenses, 50 6 Election—Term of office—Commission—Yacancy, 50, 95 % Clerk of Superior court to be C. C. O.pro tern, 50 i 8 Ordinary shall procure an official seal, 77 ( ' 9 To be paid for by county treasurer—penalty for failure, 77 10 Acts of Deputies authorized and legalized, 79 11 Name and style of court and incumbent:, 91 ' 12 Existing laws continued in force, 92 13 Duty as to estates in hands of Clerks C. O. 92 14 Executors, &c., elected ordinary—proceedings in such case, 93 15 Disqualified from being executor, administ'r or guardian,' 93 16 Proceedings in Inferior court on refusal to deliver books, 94 17 Office, where kept—always open, 94 18 Certain orders to be granted only at a regular Term, . 94 19 Terms of the court, 94 20 Deputy—Bond—Bond of Ordinary, 96 21 'Oath of Ordinary and Deputy, \96 22 Fees of Ordinary, : 97 23 Appeals to Superior court, < ' 97 24 Ordinary and partner prohibited from practising in his court on cases originating there, , 97 25 Violation—a Misdemeanor, 97 26 Eeturns of Ordinary—where he .has been Adminis- trator, &c. * > ' 93 INDEX. 27 Certain acts of inferior courts legalized, 98 28 Ordinary of Upson county authorized to grant letters on Estate of Allen McWalker and Jas. Hightower, 466-7 See Bulloch County, 1; Montgomery, 1; Wayne, 1. OXFORD, TOWN" OF. 1 Charter amended, 435 PARDON. 1 Of Brinkley Bishop. 2 K. P. Boon, 505 3 G. D. Cornett. 4 James Johnson. 5 James Mouchet, 506,507 PARTNERS. 1. Attachment against in certain cases, 19 PAULDING COUNTY. 1 Petit Jurors for Sup. court, 2 panels to be drawn, 494 2 Certain papers to be transmitted from Cobb, 493 PEARSON, L. 0. Relief of 519 PKDLERS. 1 Foreigners prohibited, 260, 508 2 Violation—Misdemeanor—Proof, 260 3 Regulation of Tax on—in the counties of Bulloch, Franklin, Pike, Sumter and Stewart, 508 Do. do. Lee, 509 , 4 Jas. A. Straynge authorised to peddle, 510 PENAL LAWS. 1 County officers failing to procure a seal guilty of mis- demeanor, 77 2 Service of notice on non-residents, in cases of forcible entry and detainer, 261 3 Adultery or fornication with a negro, 262 4 Selling or buying with false Weights or Measures, 263 5 Laws in relation to importation of slaves revived, 263 6 Cruel treatment of slaves^—Misdemeanor, 268 7 Deadly weapons to be carried openly, „ 1269 8 Interfering with Religious Worship, , 270 PENITENTIARY. 1 Appropriations therefor, 17 2 Convicts may be worked on Lunatic Asylum, 254 PHYSICIANS. * i 1 Board may meet anywhere they appoint, 271 2 Sundry persons authorized to practice and charge, 511, 512 PIKE COUNTY. See Volunteer Companies. PILOTAGE. 1 Act regulating the appointment of Commissioners of Pilotage, and their Fees, in Mcintosh county, 513 PLANK ROADS. See Turnpikes and Plank Poads. POOR SCHOOL FUND. See Education. POOR SCHOOL TEACHERS. See Education. PRACTICE. 1 Argument of counsel in criminal cases to be in same order as in civil, 242 PROCESS. Signed by Deputy Clerk valid, 234 PUBLIC SALES. 1. May continue from day to day, 242 RABUN COUNTY. 1 Survey of part of 452, 453 2 Provisions as to distempered cattle, • 453 INDEX. m ■ 3 Act consolidating offices of Tax Eeceiver and Col- lector repealed, 531 RAFTS. See Steamboat, cfec., 1, RAILROADS. 1 Two or more companies may establish through rates, 107 * 2 Publication of Rates—Joint Liabilities of companies, 108 3 "Western and Atlantic Railroad may be a party,, ' 108 4 Sign Boards at Road Crossings, •, 108 5 Duty of Engine Runner and Directors, 109 6 Company liable nevertheless for damages, 109 7 Hands exempt from Road Duty—conditionally, 283 West'n and Atlantic Railroad—Acts relative thereto, 110,118 Central Railroad and Bank. co. " " "' 119 Georgia Railroad and Banking co., and Washington t Railroad, consolidated, - 120 South-W estern Railroad company—Act relative thereto, 121, 3 Cherokee Railroad company, , " " " 121 Atlanta and La Grange Railroad co. " " " .121 Milledgeville and Gordon Railroad co." " " 126 Barnesville Railroad company, " " " 127 Brunswick and Florida Railroad co. " " " 128 Brunswick Canal and Railroad co. " . " " 129 Gainestille Railroad company, " " " 130 Carroll ton Railroad company, " " " 131 Savannah and Albany Railroad co.> " " " 132,189 Columbus and W. Point Railroad and P. R. co. " 133 Zebulon Br. Railroad, " " " 137 Coosa and Chattooga River Railroad Co. " " 140 Lawrenceville. Railroad company, " " " 148 Talbotton Railroad company, " " " 149 The Clarksville and Tugalo Railroad or P. R. " 150 Georgia and Florida Railroad,, " " " 151 Indian Spring Railroad company, " . " 152 Culloden Railroad, " " " 154 Blue Ridge Railroad company, " " " 158 RECEIVERS. See Banks and Banking. RELIEF. 1 Granted to R. H. Dixon, admr. of A. Bedell, 468 2 Jno. Everitt, a minor. 3 The adm'r Susan B.Langston, 468,469 4 Thos. D. Prather, a minor. 5 E. A. Anthony, 469, 515 6 Eleanor Brown. 7 Jas. J. B. Crawford,. 515,516 8 E. J. Dupree. 9 Jemima Green, 516, 517 10 Sarah G. Foster. 11 Daniel Hicks and others, 517,518 12 W. G. Jacobs. 13 Adaline E. Waller, 518, 519 14 L. C. Pearson. 15 Susan Jackson, 519 16 James Stewart. 17James A. Straynge, 510,519 18 Marg't. Young. 10 Tax Receiver of Washington co. 520,535 RELIGIOUS WORSHIP. 1 Interference with Punishment, 270 REPUBLICAN BLUES. See Volunteer Companies. 596 INDEX. RICHMOND COUNTY. 1 Fees of magistrates and constables, 443 2 Act as to Deer Killing amended, 448 3 Petit Jurors to be paid, and bow—Extra Tax, 484 RIVERS AND DAMS. 1 Appropriation for Improvement of Altamaba, Oconee * and Ocmulgee, 272 2 Opening of Cypress Creek—Privileges granted to Jobn B. Coffee and others, 273 3 Commissioners and provisions in relation to Canochee River, 274 4 "Warsaw Navigation co.—to clear out Chattahoochee River—Privileges, * 276 5 Appropriation, &e., for Coosa River, 278 6 Keeping ope.n of Hiwassee River, 27 9 7 Columbus Factory company authorised to build a Dam, partly across the Chattahoochee, 521 8 Road Commissioners of Chatham authorized to close up a certain creek, 524 See Roads, Bridges and Ferries. BO ADS, BRIDGES AND FEEBIES. 1 A. H. Anderson and Moses P. Greene, authorised to build a Bridge across the Ogeechee River, 527 2 R. McCroane, do. do. 527 See Rivers and Dams, Roads and Road Laws. ROADS AND ROAD LAWS. 1 Compensation for passing through unenclosed lands, 280 2 Mode of obtaining private ways, 281 3 Ordained Preachers exempt from road duty, - 282 4 Railroad Hands exempt, conditionally, 283 5 Road Laws amended as to Baldwin co. 522 6 " " " " Columbia and Jefferson, 525 7 " " " " Mcintosh, 526 ROME. 1 Extra Tax authorized. 2 Charter amended, 387, 406 SAVANNAH. 1. Appeal from Freeholder's decision, 408 2 Qualification and Registry of Voters, . 408 3 Elections, how conducted, &c., 409 4 Mode of electing constables prescribed, 438 SAVANNAH VOLUNTEER GUARDS. See Volunteer Comp's. SCIRE FICIAS. How directed and served, 235 SEAL. 1 County officers to procure official seals. 77 SHERIFF, 1 Fees for following property with attachment, 20 2 May advertise in any public newspaper, and keep a file, 78 3 Sales may continue from day to day, 242 4 Bond in Bryan co. reduced, 440 5 Bond in Clinch co. reduced, 441 INDEX. 6 Bond in Madison co. reduced, 441 7 Bond in Muscogee co. reduced, 442 , 8 Allowed the same fees as in Chatham, 442 SLATES AND FREE PERSONS. OF COLOR. 1 Sales of realty of free persons of color—how, and by whom made, 102 2 Adultery or fornication with—Misdemeanor, 262 3 Cruel Treatment of—Misdemeanor, 268 *4 Laws revived as to importation, 268 5 Arrest and committal ot insane slave or free person of color, - 286 6 Trial, Costs—how paid, 286 7 Fees of Jailoiv—Execution therefor, 287 8 The owner may take possession on giving bond, 287 9 Tax on free persons of color, 289 10 Tax on certain slaves, 292 11 Sale of Betsy Kelly and Robt. Harper's real estate, authorized, • 469 SONS OF TEMPERANCE. See Incorporations. SPARTA, TOWN OF. 1 Charter'amended, 436 STARKEYILLE, TOWN OF. 1 Incorporated, 457 STATE OFFICERS. 1 May advertise in any newspaper they may select, 78 2 Shall keep a file of these newspapers, 78 3 Their duty as to taxes, 291, 293 STATUTE OF FRAUDS. 1. Consideration of promise to pay another's debt— need not be in writing, 243 STEAMBOATS AND CANALS. 1 In cases of injuries to Rafts by steamboats, the bur- den of proof is on the owner of boat, 163 N. Y. and Savannah Steam Nav. co.—Acts relative thereto, 164 Savannah and Ogeechee Canal co. " " " vl65 Union Steamboat company, " " " 165 Magnolia Steam Packet company, " " " 168 STEWART COUNTY. Tax on Pedlers not less than 500 dollars, 508 STEWART JAMES. Relief of, - 519 SUMTER COUNTY. 1 Petit Jurors to be paid,—and how: Extra Tax, 484 2 Pedlers' Licenses not less than 500 dollars, 508 SUPERIOR AND INFRIOR COURTS: 1 Blue Ridge and Macon circuits laid out, 219 2 Times of holding courts, and other provisions as to Blue Ridge circuit, 220 3 Times of holding courts in Cherokee circuit, 222 4 " " " in Macon circuit, 224 5 Superior—in Richmond county changed, 222 598 INDEX. 6 Superior—in Marion county changed, . 223 7 " " Clark " " 227 8 " " Taliaferro, Madison and Elbert changed, 229 9 " " Stewart county (full term), 226 , 10 Times of holding in South-Western circuit, , 226 11 " " in Flint and Coweta circuit, 230 12 Superior court of Baker to sit as long as necessary, 223 13 " " " Marion to sit two weeks, &c. 223 14 « " " # Sumter and Lee to sit two weeks, . 226 15 « " " Decatur, Early and Baker—adjourn- ment legalized, 226 15 « " " Henry, Upson and Spalding, to sit two weeks, x 231 17 u " " Merriwether, Cowetta, Fayette and Heard, to sit two weeks, 231 18 « " " Troup and DeKalb, to sit three weeks, 231 19 Inferior court—in Bibb county changed, 224: 20 " " " Sumter and Lee " 226 21 . k ' " " Floyd, Forsyth, Chattooga and Ap- pling changed, 227 22 " " " Heard changed, 229 23 " " ' " Upson, Pike and Spalding changed, 230 • 24 " " " Early " 232 Q5 " " " DeKalb and Carroll " 233 26 " " " Harris, , " 233 27 Adjourned term, Nov. 1851, of Sup. courts of Troup and Coweta legalized, 493 See Jurors. SUPREME COURT. 1 1st and 2d sections Act of 23d Feb., 1850, repealed, 214 2 Amendments—instanter, 215 3 Original bill of exceptions to be sent up, 4 215 - 4 Clerk to record opinions, , 215 5 Proceedings against clerks failing to send up record, 215 6 Exceptions tendered to Judge out of office, 216 7 Proceedings on removal or death of Judge, 216 8 Position of causes in Superior court after reversal, , 216 9 Act to take effect from 1st May, 1852, . 216 10 Cases in Twiggs, Dooly and Marion—how returned, 217 11 Changes in 1st and 5th Judicial districts, 217 12 Time of session at Americus changed, 217 13 Session in 2d district at Columbus, 217 SURETIES. 1 Suits vs. on Executors, Admin'tors and Guardians'bonds, 235 TAX. 1 All real and personal estate taxed, * 288 2 "Realty," "personalty" defined, 288 3 Property exempt, 289 4 Lands surveyed arid not granted taxed, 289 INDEX. •599 5 Monied corporations—free persons of color, 289 6 Professional men-*—Dentists and Daguerrean artists, 289 7 Poll tax, 289 8 Returns to receivers—their duty, 290 9 Assessments, • 290 10 Deceiver's returns and digest, 290 11 Tax payer's oath, , 291 12 Duty of Comptroller General, ' 291 ' 13 Rate of taxation—how assessed, 291, 293 14 Maximum of taxation, 291, 294 15 Receiver's and collector's fees, 292 16 Taxes paid in specie funds, 292 17 Taxes on certain slaves—continued, 292 18 Special tax on banks, 292 19 Taxji.fas.—how issued and levied, 294 20 Tax on Macon and Western railroad, 295 21 Tax on Rome branch railroad, 1 295 22 Persons owning 5,000 acres of land in Clinch, Dectur or Rabun, to give in and pay in sdch county, 296 23 Provision for levying extra tax in the following counties: Campbell, Richmond, Sumter, 483, 484 . Cherokee, Coweta, KeKalb, Walton, 4S5, 486 Madison, Washington, Franklin, 487, 488 - Habersham, Lumpkin, Murray, Union, 490, 494, 533 Dade, Floyd, &c. 531, 532 TAX COLLECTORS AND RECEIYERS OF TAX RETURNS. 1 Act consolidating the offices, repealed as to the coun- ties of Chattooga, Macon, Dooly, Rabun, 529, 530, 531 2 Insolvent list to be allowed by Inferior court in the counties of Cherokee, Carroll, Hall, Lee, 533, 534 3 Duty imposed in the counties of Coweta, Early. Fayette, 534 4 Receiver of Washington co.—relief of 535 TREASURER (COUNTY). See Troup go., 1. 1 Shall pay for official seals of clerks, &c., 78 TREASURER (STATE.) 1 May pay 75 per cent, of salaries pending the quarter, 14 TROUP COUNTY. 1 Act of 1849 as to treasurer—repealed, 445 2 Adjourned term of Sup. court for Nov. 1851, legalized, 493 TURNPIKES AND PLANK ROADS CO. 1 Collection of tolls—when evaded, 170 Macon, Perry and Albany P. R. co.—Acts relative thereto, 171 Colum. and Greenville P. and T. R. co. " " " 172 Colum. and Lannahasse P. and T. R. co. " ^ 172 Atl'c and Sweet Water P. and T. R. co. ■" " " 172 600 INDEX. Hend'n & Marthas v'le P. & T. R. co.—Acts relative thereto, 176 Ogechee Plank Road co. " " " 180 Satilla Plank Road co. " t" " 183 Dade county Turnpike co. " " " 187 Oglethorpe Bridge and Turnpike co. " " " 190 UNISN COUNTS! 1 Provisions as to distempered cattle, 453 2 " for payment of Jurors, 494 3 " Extra tax, 494, 533 VOLUNTEER COMPANIES. 1 Independent Volunteer Battalion of Savannah, or- ganized, 536 2 Privileges granted to Chatham Artillery, German Guards, and DeKalb Riflemen, 537 3 Privileges granted to Oglethorpe Infantry and Clinch Rifles, 538 4 Act to encourage Vol. Companies in county of Pike, 540 See Incorporations. ■ "WALKER COUNTY. Act of 1835 as to county site—revived, 460 WALLER, ADELINE E. Relief of 518 WALTON COUNTY. 1 Grand Jurors to be paid, and how—extra tax, 486 WARE COUNTY. 1 Justices courts in 1030 district— ' place of holding prescribed, 446 WARREN COUNTY. 1 Provision for payment of Jurors, 484 .WASHINGTON COUNTY. 1 Petit Jurors, how paid—extra tax, 487 WASHINGTON FIRE CO. OF SAVANNAH. Charter amended, 481 WAYNE COUNTY. Ordinary's office at his residence, 466 WEIGHTS AND MEASURES. 1 Selling or buying by ialse—Misdemeanor, -263 WESTERN AND ATLANTIC RAILROAD." 1 Future organization—officers, &c. 110 2 Superintendent—duties and powers, 111 3 Treasurer—duties, Ac. 112 4 Auditor—duties, &c. 113 5 Freights, cash, tickets, &c. 113 6 Act of 1850—continued. 113 7 Election of superintendent, 114 8 Appropriations for repair, &c. 114 9 Contracts for iron—ratification, &c. 116 10 Route through Cassville, 117 WILLS. 1 Of personalty—how extended and attested, 104 2 How revoked and proven, ' 104 3 Nuncupative wills excepted, 104 YOUNG MAKGAKET. Belief of 520 INDEX TO RESOLUTION^ 1 Anderson Willis and others—Relief of, ' , " 571 2 Augusta Arsenal, 1 563 3 Boundary between Georgia and Florida—suit as to, 571 4 Cobb's Digest—distribution of, 1 568 5 Convention, State, Journal of—to be distributed, 569 6 Creek claims—Memorial to Congress, 551 7 Copies of the above—to whom to be sent, 559 8 Dean's case with W. and A. Railroad—costs in, 548 9 Georgia Hist. Society—documents to be furiished, 569 104 Independence Hall—report and resolutions, - 561 11* Intervention—report and resolutions, 560 12 Iron interest—report and resolutions, , | 545 13 Judges Wayne and Hicols—books to be furnished to, 568 14 King, A. M. D.—relief of, ( . 550 15 Laws and Journals—to be furnished to members, 567 16 Laws and Journals—additional copies of, ( 1 570 it Laws, portion of—to be published in newspaper, 569 18 Millitary committee—report of, ' 562 19 Monument to John Forsyth, 548 20 Ogeechee River—funds, ^ 547 21 Resolutions—which to be published, , 545 22 Savannah—vote of thanks to, , 571 23 Savannah Volunteer Guards—muskets for, 564 24 Sturgis, Joseph—his claims, • 564 25 Union county academy fund, 548 26 Volunteer corps—arms of, disbanded, 564 27 Washington monument—block for, 570 28 W. and A. Railroad—sub-committee appointed, 567 29 White, Rev. Geo.—newspapers to be furnished, 549 30 " " Manuscripts " •' 549 Errata.—On page 15, marginal note, for John J. Wood, read John J. Word. On page 551 caption, Resolution 8, for Army, read Arms. On page 551 caption, Resolution 20, ior Franks, read Thanks.