ACTS
OF.
THE GENERAL ASSEMBLY
OF
THE STATE OF GEORGIA,
PASSED IN
MILLEDGEVILLE,
AT AN
ANNUAL. SESSION
IN
NOVEMBER AND DECEMBER,
1861.
I*t BI.IMI1KD BV AUTHOBITV.
MILLEDGEVILLE :
BOUGHTON, NISBET & BARNES, STATE PRINTERS.
1S62.
PRINTED AT THE
SOUTHERN FEDERAL UNION OFFICE,
MILLEDGEVILLE, GEORGIA.
EXECUTIVE DEPARTMENT, >
Milledgeville, Ga., December 20th, 1861. >
Wm. H. Hunt, Esq.,
Compiler of the Laws of 1861:
Sir : In compiling and preparing for publication, the Acts passed at the
late Session of the General Assembly, you will abbreviate the enacting and
repealing clauses, as has been the custon for several years past, where the
same can be done without changing the true import of the Acts.
Respectfully, &c.,
JOSEPH E. BROWN, Governor.
TABLE OF TITLES, DIVISIONS, &C.
PART I.
PUBLIC LAWS.
Title I.—AGRICULTURE.
" II.—APPROPRIATIONS.
" III.—ATTORNEYS AT LAW.
« IV.—BANKS AND BANKING.
« V.—CODE OF GEORGIA.
" VI.—COUNTY LINES.
" VII.—COUNTY REGULATIONS.
" VIII.—ELECTIONS.
" IX.—EXRS., ADMRS., TRUSTEES, ORDINARIES, &C.
" X.—GENERAL ASSEMBLY.
« XI.—GEORGIA RELIEF & HOSPITAL ASSOCIATION.
" XII.—GREAT SEAL OF STATE.
" XIII.—INSOLVENT DEBTORS.
" XIV.—INSURANCE COMPANIES.
U XV.—JUDICIARY.
« XVI.—MILITARY.
« XVII.—MONOPOLIES, EXTORTIONS, &C.
" XVIII.—PENAL CODE.
" XIX.—SALARIES.
" XX.—SLAVES AND FREE PERSONS OF COLOR,
» XXI.—STATE HOUSE OFFICES AND OFFICERS.
» XXII.—STATE LUNATIC ASYLUM.
<< XXIII.—STATE PRINTER.
» XXIV.—TAXES.
« XXV.—WESTERN & ATLANTIC RAIL ROAD.
PART II.
PRIVATE AND LOCAL LAWS.
Title I.—APPROPRIATIONS.
" II.—CITIES AND TOWNS.
" III.—CORPORATIONS.
" IV.—COUNTIES.
" V.—COUNTY LINES.
« VI.—COUNTY REGULATIONS.
» VII.—EDUCATION.
" VIII.—EXECUTORS, ADMINISTRATORS, ORDINARIES, &C»
« IX.—INTERNAL TRANSPORTATION.
« X.—PATROLS.
" XI.—PHYSICIANS.
« XII.—RELIEF.
« XIII.—RIVERS AND DAMS.
" XIV.—ROADS.
" XV.—SLAVES AND FREE PERSONS OF COLOR.
" XVI.—TAXES.
" XVII.—TELEGRAPH COMPANIES.
STATUTES OF GEORGIA,
PASSED BY THE
GENERAL ASSEMBLY OF 1861
PART I.—PUBLIC LAWS.
TITLE I.
AGRICULTURE AND COMMERCE.'
Sec. 1. $50,000 appropriated to encourage the
manufacture of salt in Georgia.
" 2. May be advanced in parts to different
persons or Companies.
" 3. Direct Trading Company of Georgia,
incorporated.
5* 4. The Company may own real-estate,
Ware-houses, vessels, &c.
" 5. Capital stock $1,000,000, which may be
increased to $3,000,000.
Sec. 6. Location of main office and branches.
" 7. Officers of the Company—when Com-
pany may organize.
" 8. May insure cotton against fire on sea
or land, and act as agent of Foreign
Insurance Companies in Georgia.
" 9. Personal liability of the stockholders
for debts of the Company.
" 10. Duration of charter 20 years.
(No. 1.)
An Act to encourage the manufacture of Salt within the limits of the State
of Georgia, and for other purposes.
Whereas, The supply of salt, in consequence of the blockade
of the ports of this State, is exceedingly limited, and much incon-PreamWe-
venience must result to the people unless measures are afforded to
manufacturers of said article.
1. Sec. I. Be it enacted, That his Excellency the Governor of this
State, be and he is hereby authorized to draw his warrant upon
the Treasury of this State, for the sum of fifty thousand dollars -ap-
which said sum, in his discretion, shall be advanced without inter-
est, to any Company or Corporation, which has been or may here-of Salt
after be established in this State for the manufacture of salt: the
advance so made to be secured to the State by mortgage, or other-
wise, and to be refunded to the Treasury aforesaid, at such time
or times, as may be designated by the said Governor, after peace
shall have been restored between the United States and Confed-
erate States of America.
2. Sec. II. Be it further enacted, That the Governor is hereby au-
thorized to draw his warrant, or several warrants, upon the Treas-
1 propriated to
encourage the
manufacture
PUBLIC LAWS.—Agriculture and Commerce.
Direct Trade and Navigation Company.
met ad-ury of Georgia, in favor of such persons or Corporations as may be
sauts to dif- engaged, or may hereafter engage in the manufacture of salt, not to
exceed in all the sum of fifty thousand dollars; and the Governor
may draw for any part of said sum, in favor of any responsible par-
ties or corporations, in sums as may be, in each case, agreed upon ;
Provided, that in each case, before the same shall be drawn from
fVraJ* tipon ' .
advan-the Treasury, good and sufficient security shall be given by the
party or corporation in whose favor it shall be made, in bond or
mortgage; the sufficiency of the security to be judged of by the
Governor, and the time of repayment to the State to be likewise
stipulated by his Excellency; Provided, that no interest shall be
.charged on the sum or sums so advanced.
.Sec. HI. Repeals conflicting laws.
Assented to December 16,1861.
(No. 2.*)
An Act to incorporate the Direct Trading fy Navigation Company of
Georgia, and for other purposes.
3. Section I. Be it enacted, That Perino Brown, C. G. Baylor,
curators. Thomas P. Fleming, A. S. Atkinson and William J. Russell, of the
State of Georgia, their associates, successors or assigns be, and the
same are hereby incorporated and made a body politic, under the
name and style of the " Direct Trading Company of Georgia" ; and
by that name shall be capable in law, of suing and being sued, in
any of the Courts of this State ; to make, have and use a common
seal, and the same to alter, or renew, as they may deem proper ;
and also to make, ordain, and establish, alter or amend such by-
aj&ws. laws, ordinances and regulations as shall seem to them necessary
.and convenient, for the organization of said Company—the election
of its Directors—the subscription to its stock—the selection of the
officers of the Company—prescribing the duties, compensation and
responsibilities of the same; and generally to provide for the Gov-
ernment of said Company, in accordance with the forms, usages
and stipulations of corporate bodies in this State ; said by-laws and
regulations not being contrary to the Constitution of this State or
of the Confederate States, or repugnant to, or inconsistent with the
fundamental laws of this Corporation, as hereinafter set forth and
enacted by the authority aforesaid.
4. Sec. II. Be it further enacted, That the said Company shall be ca-
m?«K«ir<>aipable of holding, owning and retaining such real-estate, buildings
•SS,Wv«-and ware-houses, in the State of Georgia, as may be necessary for
^ transaction of its business; and shall have power to conduct
and carry on a general Foreign and Domestic, Mercantile and Ex-
change business, and own ships or sea going vessels propelled by
sail, or steam, or import by steam or sail.
* Another Act was passed during the late Session, incorporating the " Direct Trading Com-
pany of Georgia," which was, word for word, like this one, except the 6th Sec. as embraced in
this, which was entirely wanting; and by direction of the Governor, this one only of the two is
published.—Compiler.
PUBLIC LAWS—Agriculture and Commerce.
9
Direct Trade and Navigation Company.
5. Sec. III. Be it farther enacted, That the capital stock of said
Company shall consist of one million of dollars, which may be in- ooo^ooo. $1"'
creased by the stockholders, at a regular meeting, to a sum not ex-
ceeding three millions of dollars; -which shall be divided into shares
of one hundred dollars each.
6. Sec. IV. Be it further enacted, That said! Company shall haveLocation of
power to establish the main office of the same, in any City or Seamain office-
Port Town of Georgia, with such Branches or Agencies in any Branche8.
Town or district of the State, as it may deem necessary in conduct-
ing its commercial and exchange transactions.
7. Sec. V. For the well ordering of the affairs of said Company, ofEcersofthe
• o x v Comp&ny,
there shall be elected by the stockholders, a President and Cash-
ier, and not less than three Directors or business Managers, so soon „ru
7 o 7 when Com*
as two thousand bales of cotton, or one hundred thousand dollars may or-
in Confederate or State Bonds or current Bank notes, or specie to
a similar amonnt, shall have been subscribed to the stock of, or re-
ceived by said Company.
8. Sec. VI. And he it farther enacted, That said Company shall *^nBsJ2®gt
have power to grant policies of insurance upon Cotton, against riskfi™doiis®a or
by fire on sea or land ; and to act as Agent for European Insurance May act as
Companies within the State of Georgia, subject always to the laws eign Insu-
of this State relating to Foreign Insurance Companies. nies in ga.
9. Sec. VII. Be it further enacted, That the private property of personal ha-
stockholders of said Company, shall be liable and bound to the num- Stockholders,
ber and amount of shares or stock subscribed or held by each indi-
vidually, and no more, for the payment and discharge of the debts,
and obligations of said Company.
10. Sec. VIII. Be it further enacted by the authority aforesaid, ThatDuration of
this charter shall last, continue and pertain, to said Company in-®^®r 20
corporated as aforesaid, for and during the period of twenty years
from and after the passage of this Act.
11. Sec. IX. Repeals conflicting laws.
Assented to December 17, 1861.
10
PUBLIC LAWS.—Appropriations.
Salary of Governor—Salaries of State House officers.
TITLE II.
APPROPRIATIONS.
Sec. 1. Salary of the Governor, of Secretary of
State and Treasurer, of Comptroller
General, of Secretaries of Executive
Department. Pay of Messenger to
Executive Department. Salary of
State Librarian, of Attorney. and So-
licitor3 General,of Judges of the Su-
preme Court, of Judges of the Superi-
or Courts, of Reporter of decissons of
Supreme Court.
" 2. Appropriation to pay for puplishing
General Orders by Major and Briga-
dier Generals.
" 3. Contingent fund—Printing fund. Pay to
Chaplain of Penitentiary. Pay |for
cleaning and taking care of Senate
Chamber and House of Representa-
tives. Pay of joint committee who
visited Academy for the Blind.
" 4 Pay of State House Guard. Appropria-
tion to buy books for the State Libra-
ry in 1862. Appropriation to Clerk of
Supreme Court, to pay for stationery
advertising meetings of Court, &c
To pay for keeping in repair and wind
ing up State House Clock in 1862.
Salary of Superintendent of Georgia
Military Institute. Appropriation to
Col. A. V. Brumby, Capt.Thomas R
McConnell and Capt. R. S. Camp.
" 5. Per diem pay of President Senate and
Speaker House of Representatives
their mileage.
Per diem of Members of General As
sembly, their mileage.
" 6. Pay of Secretary of Senate, of Clerk of
House Representatives.
" 7. Contingent expenses of Secretary Sen-
ate and Clerk House Representatives.
Pay of Messengers and Door-Keepers
16.
to Senate and House Representatives.
Pay for cleaning and lighting cliande-
tiers.
State Treasurer to make advance pay-
ments to officers of Government.
Governor to pay for services rendered
where no appropriation is made.
General appropriation to pay fixed sal-
aries.
Appropriation to the G eorgia Relief and
Hospital Association.
Appropriation to pay Public Debt and
interest thereon, as they fall due.
State Bonds or Treasury Notes may be
issued to meet appropriations by this
Act, if money not in Treasury; kind to
be issued.
Appropriation to John M. Cooper & Co.
Appropriation to pay guard of State
Magazine; to pay Military Store
Keeper at Savannah: to pay Mili-
tary Store Keeper at Milledgeville.
Appropriation to pay expenses of Elec-
toral College for President and Vice
President, to pay Major J. H Steele as
Secretary to Electoral College.
. Appropriation to pay balance to Com-
missioners to other 'States, sent by
State Convention.
Certain Clerks allowed to Comptroller
General.
Appropriation for relief of sufferers by
late fire in Charleston.
Military fund of $5,000,000 for 1862.
Pay to Clerk of Judiciary Committee of
Senate.
Appropriation to Major H. J. G. Wil-
liams.
Governor authorized to draw |100,-
000 for support of State Troops.
(No 3.)
An Act to provide for raising a revenue for the political year 1862, and
to appropriate money for the support of the Government during said
year, and to make certain special appropriations, and for other pur-
poses therein named.
1. Section I. Be it enacted by the General Assembly of Georgia, That
the following sums of money be, and the same are hereby appro-
priated, to the respective persons and objects hereinafter named,
salary of got; yiz: The sum of Four Thousand Dollars to his Excellency the
Governor, as his salary for the year 1862; and the further sum of
reta^ofstate Sixteen Hundred Dollars each to the Secretary of State and Treas-
fordi862aBurer nrer, and no more > and the sum of Two Thousand Dollars to the
compy>-.0Gen. Comptroller General for the year 1862, and no more ; and the sum
salary of Sec-°f Twelve Hundred Dollars each to the Secretaries (not exceeding
Dept!^oTi862. two) employed in the Executive Department, for the year 1862,
PUBLIC LAWS.—Appropriations.
11
Salaries of Judges—Contingent Fund—Printing Fund—Chaplain of the Penitentiary—State House Guard.
and no more; and the sum of Five Hundred Dollars to pay the feay
Messenger to the Executive Department for the year 1862; andDeptfor1862-
the sum of Five Hundred Dollars to the State Librarian, as his 1^7 Libra-
salary for the year 1862, and no more ; and the sum of Two Hun-rian for 1862-
dred and Twenty-Five Dollars to each, the State's Attorney, and
Solicitors General, for the year 1862: and the sum of Thirty-Five
Hundred Dollars to each Judge of the Supreme Court, whose com-
mission bears date prior to the 29th day of November, 1861; and ^julgefof
the sum of Two Thousand Dollars to each Judge of the Supreme EXt for 1862
Court, whose commission bears date since the 29th day of Novem-
ber, 1861, for his salary for the year 1862 ; and the sum of Twen- Salaries of
ty-Five Hundred Dollars to each Judge of the Superior Courts, ^?res<^urt,
whose commission bears date prior to the 29th day of November/0118C2-
1861; and the sum of Fifteen Hundred Dollars to each Judge of
the Superior Courts, whose commission bears date since the 29th
day of November, 1861, as his salary for the year 1862; and the Salary of Re-
sum of Eight Hundred Dollars is hereby appropriated to pay the preme Court
salary of the Reporter of the Decisions of the Supreme Court forfor 1862'
the year 1862.
2. Sec. II. Be it further enacted, That the sum of One Thousand
Dollars (or so much thereof as may be necessary) be, and the same to pay for
is hereby appropriated for the purpose of defraying the expense ofp"utarynsor-
the publication of general orders by the Brigadier Generals andders-
Major Generals of the Militia of this State, of their respective Bri-
gades and Divisions.
.3 Sec. III. Be it further enacted, That the sum of Sixteen Thous-
and Dollars be, and the same is hereby appropriated, as a contin- ruTdhfim.
gent fund for the year 1862; and the sum of Thirty Thousand printing fund
Dollars be appropriated for a Printing fund for the current year;for mz
and that in case of a deficiency in this appropriation, the Gover- Provision for
nor is hereby authorized to draw his warrant upon the Treasurydeficlt
for the deficit, to be paid out of any money in the Treasury not
otherwise appropriated ; and the sum of One Hundred and Fifty chaplain of
Dollars to pay the Chaplain of the Penitentiary for the year 1862 .lemteutiary-
and the sum of Fifty Dollars to the person selected by the Gover-For cleaning
nor to keep clean, scour, air the chambers, and dust the carpets, care of Senate
&c., of the Senate Chamber and Representative Hall, for the year RepmHarnafor
1862. and the sum of Forty-Five Dollars to pay the-expenses ofT o the com-
the Committee of the two Houses, which visited the Academy for visited Acad-
the Blind. Biind?f the
4. Sec. IY. Be it further enacted, That the sum of Twelve Hun-
dred Dollars be, and the same is hereby appropriated to pay the Guard for
State House Guard, for the year 1862; and the further sum of1862'
Two Hundred and Fifty Dollars is hereby appropriated, to be used
if necessary, by his Excellency the Governor, for the increase offo? Stete Li-
• • brary in 1862*
the State Library, m selecting and purchasing such books as he
may deem advisable for the year 1862 ; and the further sum of One
Hundred Dollars be, and the same is hereby appropriated, to pay court 'for"#!
the Clerk of the Supreme Gourt for the correction of errors, for
stationery, and advertising notices of the meeting of said Court in
12
PUBLIC LAWS.—Appropriations.
Georgia Military Institute—Secretary of Senate and Clerk of House of Representatives.
For repairing the year 1862; and the sum of Fifty Dollars be, and the same is
Ho'ufeaciock hereby appropriated, to pay for repairing and keeping in order
for 1862. gfcate House clock for the year 1862 ; and the further sum of
!upFoffGa. Two Thousand Dollars is hereby appropriated to pay the salary of
fo^'i862.titute the Superintendent of the Georgia Military Institute at Marietta;
Appropriat'n. an(t the sum of Six Hundred and Eighty-nine Dollars and Eighty
BrumbyA v Cents, or so much thereof as the Governor may find to be due, be
and the same is hereby appropriated to pay arrearages due to Col.
Capt Th0e rA. V. Brumby, Captain Thomas R. McConnell, and Captain R. S.
cip^R^s Camp, for their salaries as Superintendent, and Professors, of the
camp. Georgia Military Institute, for the year 1859 ; and that the Gover-
nor do draw his warrant on the Treasury in favor of the widow of
said McConnell, for that portion of this appropriation which is due
to her deceased husband, to-wit: the sum of Two Hundred and
Twenty-five Dollars and Fifty Cents.
5. Sec. V. And be it farther enacted, That the sum of Six Dollars
ofTreiXsM^ach, per day, be paid to the President of the Senate, and Speak-
erHouSeak"er °f House of Representatives, during the present session of
the General Assembly; and the sum of Four Dollars for every
Mileage. ^-wen|.y mpeg 0f travel going to, and returning from the seat of
Government—the distance to be computed by the nearest route
Per diem of usually travelled; and that the sum of Five Dollars each, per day,
members of ^ . 7 J. ■ «/ 7
Geii'iAssem-to the Members of the General Assembly, during the present ses-
Mileage sion, and Four Dollars for every twenty miles travel going to,
and returning from the Capital, under the same rules which apply
to the President of the Senate and Speaker of the House : Pro-
vided, That no Member of the General Assembly shall receive pay
for the time he may be absent, unless his absence was caused by
the sickness of himself or family, or had leave of absence granted
by the Senate or House, for satisfactory reasons.
6. Sec. VI. And be it further enacted, That the Secretary of the
Pay of sec-y Senate be paid Eighty-Seven Dollars and Fifty Cents per day, for
p!7°f cierkpresent session; and the Clerk of the House of Representa-
Rep"6 °f fiyes be paid the sum of One Hundred Dollars per day, for the
present session : Provided, That no warrant shall be issued in fa-
Proviso. vor of either until his Excellency the Governor shall have satisfac-
tory 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 shall have carefully marked and
filed away all reports of Standing Committees, and all other papers
of importance connected with either House.
7. Sec. VII. And be it further enacted, That the sum of Fifty Dol-
Contingent^ ]ars, 0r so much thereof as may be necessary, is hereby appropri-
sec-y senateated each to the Secretary of the Senate and Clerk of the House of
and Clerk _ . . • -i/> i • « . ,
House of Repr esentatives, to defray the contingent expenses oi their respec-
tive offices at the present session of the Legislature; and the sum
pay of Mes- of six dollars per day be paid to each of the Messengers and Door-
DooSreKeeptrSKeepers of the Senate and House of Representatives, the present
HoSuTete obsession of the General Assembly ; and the sum of Fifty Dollars is
Rep8, hereby appropriated to pay for cleaning, lighting, and keeping in
PUBLIC LAWS.—Appropriations.
13
Georgia Relief and Hospital Association.—Public Debt—Bonds and Treasury Notes.
order the chandeliers of the Senate Chamber and Representative for dean-
Hall, during the session of the General Assembly. ing Chande-
8. Sec. VIII. And be it further enacted, That the Treasurer be au-
thorized to pay from time to time, to the officers of the Govern- ter to make
ment, whose salaries are appropriated by this Act, seventy-five ments to Pffi-
per cent of the amount for which service has been actually ren-ment
dered at the date of such payment, taking receipts from said offi-
cers for the same : which receipts shall be his vouchers, and are
hereby declared offsets to the extent of said payments to Executive
warrants drawn at the end of the quarter for said officer's salary.
9. Sec. IX. And be it further enacted, That in all case, where theGovtopayfor
General Assembly directs the performance of any service or labor,
for which no provision for compensation is made, the Governor is fonawr°S~
hereby authorized to draw his warrant on the Treasury for such
sum or sums, as in his judgment, may be a just compensation.
10. Sec. X. And be it further enacted, That the various sums of the General
annual salaries of all the officers of this State, whose salaries are fixed £™prB^°gto
by law, be and the same are hereby appropriated annually, to pay
said salaries, until they are otherwise altered by law.
11. Sec. XI. And be it further enacted That the sum of Two Hun-
dred Thousand Dollars be, and the same is hereby appropriated Hospftaiiei^
for the Georgia Relief and Hospital Association ; to be drawn andsociatioa-
expended according to an act passed at the present session : and if
no money in the Treasury not otherwise appropriated shall be
available for said appropriation, then his Excellency the Governor^fota™oua^e
be, and he is hereby authorized to issue Treasury Notes or Bonds, ^LUappro-er"
not to bear exceeding eight per cent, in such sums as may bePriatse^ Gov
needed from time to time, to effect the object of said appropria-Jy;ay(ystate
tion ; said Treasury notes to be fundable in eight per cent bonds Bonda-
when the sum of five hundred dollars shall be presented at the
Treasury ; said bonds not having longer to run than ten years, and
to be redeemed at the option of the Governor, twelve months
from and after their issue.
12. Sec. XII. Be it further enacted, That the further sum of seven
hundred thousand dollars be, and the same is hereby appropriated,pbFicdebfag
to pay any portion of the public debt which may become duellm'TiLe,1^
within the present political year, and to pay the interest on such thereon.
Treasury Notes and State Bonds as may be issued under authority
of any law passed during the present session of the Legislature ;
the same to be paid out of any money in the treasury not other-
wise appropriated.
13. Sec. XIII. In case, at at any time, the money should not should not^ be
be in the treasury to meet any of the appropriations herein made, ury to meet
the Governor is authorized to have issued and used to meet any de- ,de
ficiency, bonds bearing not more than eight per cent, or treasury Gov mavissue
notes, as he may deem best; said bonds when issued, not to run or Treasury
for a longer time than thirty years, and redeemable at any time af-^£f^Js
ter five years from their date, at the option of the Governor. and Treasury
14. Sec. XIV. And be it further enacted, That the sum of seven-i«"ue<l
ty-seven dollars and seven cents, be appropriated to pay John M. Cooper & Co
14
PUBLIC LAWS.—Appropriations.
Military Store Keepers—Electoral College—Commissioners appointed by Convention—Charleston.
fprintingbdone Cooper & Co., for public printing done for the Convention of the
ItoteCoA'n-people of Georgia while sitting in Savannah.
tlon' 15. Sec. XV. And be it farther enacted, That the sum of four
of State Mag- hundred dollars, or so much thereof as may be necessary, be and
kdglviUeMl1* is hereby appropriated to pay for the Guard at the State magazine
Military store at Milledgeville, for the year 1862 ; and the further sum of five
vaennfhmSa" hundred dollars is hereby appropriated to pay the Military Store
MilitarystoSKeeper in the city of Savannah, and a like sum to pay the Milli-
kSf<^iiieMil"tary Store Keepers in Milledgeville.
16. Sec. XVI. Be it farther enacted, That His Excellency the
Governor be, and he is hereby authorized to draw his warrant on
the Treasury of this State, for such an amount of money as will
Pay0fSector-necessary to pay the expenses of the Electoral College, recent-
ai college. assembled at Milledgeville, for the election of President and
Vice-President of the Confederate States ; and the further sum of
Hay st0eei0M twenty-five dollars to pay John H. Steele for his services as Secre-
twy college?tary of the Electoral College.
17. Sec. XVII. Be it farther enacted, That the following be, and
Pay ofCommi s the same is hereby appropriated, to pay such of the Commission-
tataTtatfsers appointed by the Convention of Georgia to certain States, in
convention addition to the advancements made by the Governor at the time
in additiou fopji • j_ » j_ • ,
advancesot the appointments, to-wit:
made to them 1 L
respectively. To A. R. Wright, Commissioner to Maryland, $200 00
To D. C. Campbell
To H. L. Benning,
To Samuel Hall,
ToH. P. Bell,
To N. C. Daniel,
To D. P. Hill,
To L. J. Glenn,
To W. A. Vason,
To J. W. A. Sanford,
Delaware, 200 00
Virginia, 200 00
N. Carolina 200 00
Tennessee, 200 00
Kentucky, 200 00
Arkansas, 200 00
Missouri, 200 00
Louisianna, 200 00
Texas, 200 00
And the Governor is hereby authorized to draw his warrant upon
the Treasury in favor of such of said Commissioners for the sums
hereby appropriated.
18. Sec. XVIII. Be it farther enacted, That, to enable the Comp-
troller General to have the Bonds and Treasury Notes of the State
recorded in his office in pursuance of the acts of the General As-
cfJrkVtosembly, the Governor is hereby authorized to furnish to the Comp-
compt. een.^ro||er Qeneraj one 0r more Clerks to keep up the registering of
such Treasury Notes and Bonds ; and the Governor is hereby di-
rected to draw his warrant on the Treasury for adequate compen-
sation for such Clerk or Clerks, to be selected by the Comptroller
General.
. 19. Sec. XIX. And that the further sum of one hundred thou-
Appro ria san(^ dollars be, and the same is hereby appropriated, for the relief
twAo^reiief°f the unfortunate sufferers by the calamitous fire in Charleston,
by the late fire South Carolina ; and that the Governor be authorized to tender
areson'said amount for the above purpose, to the Governor of South Car-
PUBLIC LAWS—Appropriations.
15
Military Fund—Clerk Senate Committee on Judiciary*—H. J. G. Williams—Professors Ga. Mil. Ins*
olina, with the sincere sympathies of the General Assembly, in the
misfortune of their seaport city.
20. Sec. XX. Be it further, enacted, That the sum of five mil- Mmtar„ fund
lions of dollars* be, and the same is hereby appropriated, as a mil-f8|^00'000
itary fund lor the year eighteen hundred and sixty-two ; to be
drawn from the Treasury, on the warrants of the Governor, from
time to time as the same may be required to defray either past or
future expenses for military purposes.
21. Sec. XXI. That the sum of four dollars, per diem, be ap- cierk
propriated to pay the Clerk of the Senate Committee on the Judi-ff^enaTe
ciary for as many days as he has served said committee ; and that on Judiciary,
the Auditing Committee of the Senate shall not be authorized to
audit said Clerks account for any greater number of days than shall
be certified to by the Chairman of said Judiciary Committee.
22. Sec. XXII. Be it further enacted, That the sum of Two
Hundred Dollars be, and the same is hereby appropriated to H. J.tionto0?!!1?.
• G- Williams
G. Williams, in addition to what he has already received, as com-
pensation for his services as an Enrolling Clerk of the late State Con-
vention.
23. Sec. XXIII. Be it further enacted, That the following sums To, pay bal.
be, and the same are hereby appripriated to pay the balance due^e®gs^u0ef
to the several Professors of the Georgia Military Institute lor the^®™'^^:
year 1861, viz : to V. H. Manget five hundred and ninety-threetute-
dollars and twelve cents ; to J. C. Eve fifty-four dollars and forty M°anJt\ *j
cents ; to A. W. King five hundred and ninety-three dollars and £• ^e_Killg.
twelve cents ; to J. W. Barker seven hundred and fourteen dollars,/-vv-Baker'
making the sum of nineteen hundred and fifty-four dollars and
sixty four cents.
24. Sec. XXIV. And he it further enacted, That the sum of six
hundred and eighty-two dollars and seventy eight cents be, andT»w.A.fM.
the same is hereby appropriated to pay A. Green & Co., transferees certain furni-
/> JL «/ tui'c supplied
of W. A. M. Lanier, for household and kitchen furniture, crockery, to Georgia
&c., purchased of said Lanier for the Georgia Military Institute, stuute.
for the use of the State, on the . tenth day of August, eighteen
hundred and sixty ; Provided, the Governor, after investigation,
finds the same to be just and due.
25. Sec. XXV. Be it further enacted, That the sum of three
hunered and eighty-nine dollars and eighty-five certs be, and the s5npi£n, tJ;
same is hereby appropriated to pay A. N. Simpson, Treasurer of/a^gi%^-:
the Georgia Military Institute for his services as such Treasurertttte*
since the purchase of said Institute by the State of Georgia.
26. Sec. XXVI. And he it further enacted, That His Excellency
the Governor be, and he is hereby authorized to draw his warrant IoydVm'f oVr
upon the Treasurer for such sum of money, and as he may, upon proof ^odrgia01Mii-
thereof, find to be due and owing to William W. Boyd, former tute before
Commissary and Quartermaster of the Georgia Military Institute, chargeontk
for military goods, &c., sold by him to said Institute when the State
took charge thereof. , .
*For appropriation of $100,000 for support of State Troops, which was made for immediate
relief to the Troops till the general military appropriation should be made, see next Act.
16 PUBLIC LAWS.—Appropriations.—Attorneys at Law.
State Cadets—State Troops—Attorneys at Law who fail to pay Professional Tax.
27. Sec. XXVII. Be it further enacted, That, in addition to the
to pay state two thousand dollars appropriated for the education, board, &c.,
Georgia4 Mif- °f the ten State Cadets in the Georgia Military Institute, the
tutef Iustl"further sum of four hundred dollars be, and the same is hereby ap-
propriated for the payment of the two additional State Cadets,
one from each of the newly created Congressional Districts.
Assented to December 14, 18G1.
(No. 4.)
An Act to authorize the Governor to draw money from the Treasury for
support of the State Troops.
28. Sec. I. The General Assembly of the State of Georgia do enact
Governor an-as follows: That the Governor of the State of Georgia be, and he
draw26$ioo -i® hereby authorized to draw from the Treasury the sum of one
port of stu?e hundred thousand dollars, to be used in the support of the State
troop.. troops now employed in the defence of the State, or such as may here-
after be employed : to be drawn in such sums, and at such times
as he may think proper.
Assented to November 30th, 1861.
Note—For appropriation of $50,000, to encourage the manufacture of Salt within the State,
see Act No. 1., Title '-Agriculture and Commerce."
For appropriation of $200,000 to the "Georgia Relief and Hospital Association," see Act
No. 29, Title XI; for appropriation of $'350,000, for the manufacture and purchase of arms, see
Act No. 61, Title Military ; for appropriations on account of State Lunatic Asylum, see Acts
Nos. 70 and 71, Title State Lunatic Asylum. For Act authorizing the Treasurer to make
an advance to State Printers, see Act No. 73, Title State Printers. For appropriation of
$6,000 for support of pupils in Academy for the Blind, see Act No. 82, Title Appropriations,
Local and Private Laws ; also same title, Act No. 82, for appropriation to John H. Seals, for
extra compensation for publishing the Revised Code. For Act appropriating $504 80 for re-
lief of Mrs. Boggess, widow of late Surveyor General of this State, see Act No. 122, Title Re-
lief. For appropriation of $33 47, for relief of Mrs. Margaret Dillon, see act No. 123, same
Title. For Act appropriating $4.40 for relief of Abner Hern, see Act No. 125, same Title. For
Act appropriating $13.30 for relief of Wm. J. Rush, see same Act ; also for conditional appro-
priation for relief of W esley Shuffield, see same Act.
TITLE III.
ATTORNEYS AT LAW.
Sec. 1. Attorneys at law who fail to pay their professional tax, may be stricken from the roll
of Attorneys.
(No. 5.)
An act to prevent Attorneys at law from practicing in the Courts of this
State, who fail to pay their Professional Tax.
l^wwho"fan $EC. 1. Be it enacted, That from and after the passage of this
proSona'^ct) whenever it shall be made to appear to any Judge of the Su-
ittfiok™nyfromPer^or Courts, that any Attorney at Law practicing in said Courts,
t^roiiofAt-pag failed to pay his professional tax, or fails to pay his said tax
PUBLIC LAWS.—Banks and Banking.
17
Attorneys at Law.
levied according to the laws of this State, and execution has been
issued for the same by the Tax Collector, and returned by the
proper officer no property to be found, it shall be the duty of the
Judge presiding in the Superior Court of the county in which the
said Attorney resides, to cause to be issued a rule by the Clerk of
of said Court, requiring said Attorney to show cause by the next
term of said Court, why he should not be struck from the list of
Attorneys, and his License to practice declared of no effect, for
his failure to pay his said professional tax; which rule shall be
served by the Sheriff upon said Attorney, twenty days before the
next term of said Court; and if at said term of said Court, said
Attorney fails to show sufficient cause, said Judge shall pass an
order striking said Attorney from the list of Attorneys, and declare
his license to practice in the Courts of law and equity in this
State, null and of no effect.
Assented to December 14, 1861.
TITLE IV.
BANKS AND BANKING
Section 1. Suspension of specie payment by
the Banks, continued till 1st Dec,
1862. Banks must redeem their bills
when presented in sums of $100, in
Confederate or State Treasury Notes-
Banks must issue change bills; but
may not issue them till 1st Jan. 1862.
" 2. Gov. to issue seven per cent. State
Bonds in lieu of the six per cents, here-
tofore delivered to the Banks, and for
certain advances made by them to
the State. Bonds issued under this
act, when redeemable, &c.
'• 3. Corporators. Cotton Planters' Bank
of Georgia, incorporated. Powers
and privileges.
" 4. Capital stock not to exceed $3"000,-
000. Stock may be subscribed in
Cotton; or in Confederate or State
Bonds
" 5. Bank to be located in Thomosville;
may have agencies at Bainbridge,
Quitman, Valdosta, Blakely and San-
dersville, and elsewhere.
" 6 When Bank may commence business;
Directors ; President. If a majority
of its stockholders be non-residents ot
Ga. charter forfeited.
" 7 By-laws.
" 8 The Bank may hold certain real es-
tate; may erect ware-houses.
" 9. Stockholders taking stock by paying
in cotton, must insure the cotton; or
deposite their notes. Liability of stock-
holders. Transfer of stock.
" 10. Bank not bound to pay specie till
the other banks in the State resume.
" 11. Amount of issues allowed.
" 12. Stock Bonds to be registered. Bills
issued to form a lien on the Stock
Bonds, for their redemption. Entry
must be made on the books, of Stock
Bonds sold.
13. Bank may build, purchase or char-
ter ships. Proceeds of cotton sold, to
be used to redeem the bank bills
which were issued upon it. Overplus
to be paid to the Planters, or become
a part of the stock of the Bank.
14. Cotton paid in for stock must be
marked.
15. The Planter subscribing and paying .
in cotton,' may direct when it shall be
i sold, if it will bring more than what,
was advanced on it, with expenses.
16. Sale by Planters of cotton paid in-
Conditions and restrictions of such
sale.
17. Subscriptions in Sea Island cotton at
$45 per bale of 300 lbs.
18. None but Planters to own stock in
the Bank, nor can any cotton be paid
in except that produced by them-
selves.
19- Bank of Pulton may hold real estate-
taken bona fide, in payment of debts-
due the Bauk.
20. Any citizen of the Confederate-
States may take stock in said Bank.
21. North Western Bank of Georgia
may establish an office of discount
and deposite in Atlanta.
22. Purchase and sale of foreign ex-
change governed by the laws of trade;
all statutory restrictions removed.
23. A married woman may deposit her
or her childrens' earnings in Savings--
Bank, to am'tof $1,000, which shall not,
be subject to control of her husband;
24. Banks in Savannah may be removed;
to any point in the interior whilst S..
C. or Ga. is invaded.
25. Payment may be demanded on notes
&c., due the Banks so removing, at
the place to which they may be re-
moved.
18
PUBLIC LAWS.—Banks and Banking.
Belief of the Banks.
26. Timber Cutters' Bank.
27. Publication of semi-annual returns
as required by charter of Timber
Cutter's Bank, may be made only in
the paper in Savannah having the
largest circulation.
28. Issue of change bills by the Palace
Mills in Columbus, legalized. Those
already issued must be returned and
no more put in circulation.
29. R. L. Mott and the Palace Mills re-
lieved from all penalties incurred for
having issued such change bills.—
Provisions of this Act extended to all
other persons and companies who
have issued change bills, on certain
conditions.
30. City Council of Augusta may issue
City Treasury Notes of small denomi-
nations.
31. Amount in circulation at any one
time not to exceed $100,000.
32. Penalty for putting in circulation a
greater amount than $100,000.
33. Penalty for counterfeiting same.
34. Property pledged for redemption of
the notes so issued.
35. Supt. of W. & A. R. R. may issue
change bills; amount so issued not to
exceed $200,000.
26. How redeemed. Property of Road
and faith of State pledged for their
redemption.
37. Such change bills to be issued on
bank note paper if it can be pro-
cured.
38. These change bills receivable for
texes and dues to State or Road.
39. Penalty for counterfeiting them.
40. Penalty for a violation of any part
of this act. Proviso.
41 all such bills to be registered.
42 — authority to issue bills under
this Act, to cease on resumption of
specie payment by the Banks of the
State.
43. Supt. required to furnish $500 in such
change bills for current bank bills,
when demanded by any County Treas-
urer of this State.
(No. 6.)
An Act to re-enact and continue in force the first, second and third Sec-
tions of an Act to grant relief to the Banks and the people of this
State, &fc., passed over the Governot's veto on the 30th day of JSSovem-
her, 1860 ; and also to re-enact and continue in force the 4th Sec-
tion of an Act to add a proviso to the Fourth Section of an Act, en-
titlen an Act for the reliej of the Banks and people of this State, Sfc.,
assented to 20th December, 1860.
1. Section 1. The General Assembly of the State of Geocgia do enact
as follows : Be it enacted that the first, second and third sections
of the before recited Act passed on the 30th of November, I860,*
lpeCfelsl0pnay-be, and the same are hereby re-enacted and continued in force until
Banks, con- the first day of December, 1862, except the last proviso! of said
Dccfisez.1 l8t second section ; arid that the fourth Section! of the before recited
Act assented to on the 20th of December, 1860, be, and the same
is hereby re-enacted and continued in force until the first day of
December, 1862. Provided, That none of the Banks of this State
Banks must8hallbe entitled to the relief from the penalties imposed by exist-
bmrwhhen^n§ laws> nor shall be authorized or permitted to suspend the pay-
fumrofe$ioomen^s specie of their bills upon demand, unless such Banks
coufeder-griall, at all times, give the Treasury notes of this State or of
Hot<Sastiry^e Confederate States, at par, in exchange for their own bills or
Bank notes, when demanded in sums of one hundred dollars.
Provided also, That each of the chartered Banks of this State
*See Acts of 1860, pp. 21-2.
tTlie proviso here referred to was in these words, '' that no Bank shall ask and receive a
greater sum than one per centum on exchange, from any citizen of this State, for bills, drafts
.or checks drawn on any point beyond this State, when the bills of said Bank or Banks are
presented in payment forsaid exchange. See also Act No- 11 in this title, by which it is ex-
pressly enacted, " That the purchase and sale of foreign exchange shall hereafter be regulated
by the laws of tradethus removing all statutory restrictions on the subject.
tThis section is also re-enacted and continued in force till 1st Dec. 1862, together with the en-
tire Act passed 20 Dec. 1860, to add a proviso to the 4th Section of the Act of 30 Nov. 1860,
by a s»parate Act passed at the present Session; for which see Title Judiciary, Act No. 52.
PUBLIC LAWS.—Banks and Banking.
19
Banks which have made advances to State.
claiming the provision [provisions?] of this act, shall be, and theyBank8 must
are hereby required, upon application of any person, to issue and^® cIiau«e
keep in circulation during their suspension, small bills* in denomi-
nations of five, ten, twenty-five and fifty cents, to the extent of
one per centum upon their capital stock; which said small bills
shall be redeemed in current bank bills when presented in sums of
five dollars or more; and that the said Banks are authorized to
issue said small bills to the extent of three per centum, on their
capital stock.
Provided further, The provision for the issue of change bills con-Not
tained in the above proviso, shall not be obligatory upon said Banks ^ge tuu
dill the first day of January next. Wls
Assented to November 30th, 1861.
*See also act No 15, of this Title, by which the issue of change bills heretofore put in circu-
lation by the Palace Mills Co. of Columbus, and also of those issued by other individuals and
Corporations, is legalised, provided those already issued be redeemed and not put in circula-
tion again. By Act No. 17 the Supt, of the W. &. A.R. R. is authorized to issue $200,000 in
change bills; and by Act No. 16, the City Council of Augusta is authorized to issue $100,000
in City Treasury notes of small denominations, to be used as change bills.
(No. 7.)
An Act for the relief of the several Panics in the State of Georgia, which
have made advances to the State, upon Bonds or other Contracts, and
for other purposes.
Whereas, Several of the Banks in this State have made ad-
vances to the State of Georgia, under the Act of 1860, for the
purpose of "providing for the common defence of the State of
Georgia, and to appropriate money for the samewhich several gamMe
advances, amounting in the aggregate, to the sum of eight hun-
dred and forty-two thousand and five hundred dollars, were made
by said banks, in part in Bonds of the State, bearing six per cent.
interest per annum, and upon an agreement with His Excellency
the Governor, that he would recommend to the General Assembly
the payment of seven per cent, on said advances; and whereas, it is
eminently just and proper that the said Banks should receive the
sum of seven per cent, on said advancements.
2. Section 1. Beit therefore enacted, That his Excellency the Gov-
ernor, be and he is hereby authorized and directed, to take up andi^sJITper
cancel the Bonds of the State of Georgia, bearing six per cent, in- Bona«Sin ulu
ierest, which have been issued to the Banks of this State for their heretofore de-
-advances, and also the receipts, or other agreements which may sink* % nht
have been entered into with such banks as have made advances to vances made
the State without receiving bonds, and that he cause to be issued testate. t0
and delivered in lieu thereof, Bonds of the State of Georgia, bear-
ing seven per cent, interest per annum, with coupons for the interest
thereon, payable semi-annually ; said bonds to be redeemable at under Thfl
the expiration of twenty years from the date of said advances, deemaue
. and with the right to the State to redeem said bonds, at her op-
tion, at any time after the expiration of five years from their date,
upon the payment of principal and interest; said bonds to be de-
20 PUBLIC LAWS.—Banks and Banking.
Cotton Planters Bank of Georgia.
livered to the several banks, according to the amounts respective-
ly advanced by them ; and in all cases where the interest has been
paid, no coupons shall issue for the amount so paid.
Sec. II. Repeals conflicting laws.
Assented to December 16, 1861.
(No. 8.)
Ail Act to incorporate the Cotton Planters Panic of Georgia, to give
steadiness to the value of Cotton, to make it available as the lasis of a
sound circulating medium for the relief of the industrial interests of the
Country, and at the same time to enable the Planters to control their
own Cotton until the blockade now attempted to be enforced, is removed;
to guard the Planters against an unavoidable necessitous sale of their
Cotton at less than remunerating prices, and against sacrifices alike
detrimental to their interest consequent upon their being forced to draw
upon, and accept inadequate advancements upon their crops, paying
heavy commissions, interest, insurance and storage, ruinous to the pro-
ducers of this great Southern staple, and for other purposes.
3. Section I. Be it enacted by the General Assembly of Georgia,
That Thomas Jones, Thomas Hardee, Arthur P. Wright, William
corporators, james Seward, and Thomas J. McBain, and such others
cotton pun a8 ^hey, or a majority of them, may associate with them, shall be
ters' Bank of a body corporate, under the name of the Cotton Planters' Bank of
corporated. Georgia; and as such shall be capable of suing and being sued,
Powers and pleading and being impleaded, and to have other rights and privi-
privileges. jegeg ag are f0 the business of Banking.
4. Sec, II. And be it further enacted, That the capital stock of
nottolxoeedS3^ corporation, shall not exceed three millions of dollars ; which
stockma"'beaiay be subscribed in Cotton estimated at thirty dollars per bale,
cottoTbe^in pounds being equivalent to a bale of Cotton ; and said
eAteEstate s^och may also be subscribed in bonds of the Confederate States,
bonds. an^ 0f the State of Georgia.
Bank to be ^EC* ^nd be it further enacted, That said Bank shall be lo-
ThomasviHe11 cated in the town of Thomasville; and the said principal Bank shall
AgenciesaIt^ave Power and authority to establish agencies at Bainbridge, Quit-
Bainbridge.man, Valdosta, Blakely, and Sandersville and elsewhere, under such
Biakeiystaniru^es an<^ regulations as the Board of Directors of said Bank may
Sandersville , prescribe,
and else-XT
where. 6. Sec. IV. Be itfurther enacted by the authority aforesaid, That as soon
when bank as one thousand bales of Cotton shall be subscribed and paid in, and
may com- _ __ . JL 7
new06 bU81"Pu^m store at such places as the Board of Directors may direct—-or
thirty thousand dollars in bonds as aforesaid, shall be subscribed
Directors. and paid in, then the stockholders shall proceed to elect five Di-
rectors, from among the stockholders; which Board of Directors
President, choose a President from their number, and such other officers
other offi-as they may deem necessary for the conduct and management of
stock be own- said Bank; and that if, at any time, a majority of the stock is held
fdeynnt°s"ro8fand controlled by persons non-residents of this State, then and in
.orfeited. that event, said charter shall be forfeited.
PUBLIC LAWS.—Banks and Banking.
21
Cotton Planters Bank of Georgia.
7. Sec.-V. And be it further enacted, That the said Board of Di-
rectors shall have authority to pass all by-laws, rules and regula- By-law«-
tions as they may think proper for the successful operations of said
Bank, not inconsistent with the laws and Constitution.
8. Sec. YI. And be it further enacted, That said Cotton Planters'The Bank
Bank shall be authorized to purchase and hold such real estate as tain real es-
may be necessary for their business, and such as they may buy bonat&te'
fide, in collecting any debt or debts due said Company, and no oth-waL4ou«?es
er lands ; and shall have the right to erect Ware-houses, and such&0'
other buildings and improvements as they may think proper.
9. Sec. VII. And be it further enacted, That, for the purpose of
providing against loss to the bill holders consequent upon the losstSakfnkgholtol*
or destruction by fire, or sea, the several subscribers of stock in cotton,' must
Cotfon shall have the same insured, or deposit their notes to theoruraepoSit
amount each that each may subscribe in cotton, as security againsttheir notes'
such, loss by fire or sea; and that the stockholders shall be liable ^khofdersf
for double the amount of the stock subscribed by each; and to Pre-Transfer of
vent the stock from being transferred to irresponsible parties, each stock,
stockholder shall be liable to suit on liabilities of said Bank, for
two years after the date of such transfer.
10. Sec. VIII. And be it further enacted, That said Bank shall
not be required to pay specie for its notes, until such time as oth-^ b°nPecie°
er Banks shall be required to resume specie payments within this
State: when its notes shall be redeemed in gold or silver coin, onStateresume-
presentation within the usual business hours.
11. Sec. IX. And be it further enacted, That said Bank only have Amount of
authority to issue bills, dollar for dollar, upon such bonds as mayj^es aiiow-
be subscribed and paid in, and dollar for dollar, on the Cotton sub-
scribed, upon the estimate of thirty dollars per bale.
12. Sec. X. And be it further enacted, That the bonds that may gtn<k bondg
be subscribed and paid in, in stock, shall be registered in a book to be register-
by said Bank to be kept for that purpose; and the bills of said Bank*n]> }gsaed
shall constitute and form a lien upon such bonds, or their proceeds, to form a lien
and shall be liable for their redemption ; and if, in the course ofb°?d/foL
the business of said Bank, any of said bonds should be sold, an en- tion!redemp'
try of the time of their sale, and the particular bond, and thej>£maaemnof
amount for which it sold, shall be entered upon the books of said the books.
Bank.
13. Sec. XI. And be itfurther enacted, That said Cotton Planters' Bank may
Bank shall have authority to build, purchase, charter, or employ chaieo/chaV
ships for the purpose of shipping their Cotton, after the blockadeter Bhips-
shall have been removed; and upon the sale of said Cotton and the Proceeds 0 r
receipts of the proceeds thereof, the thirty dollars in bills issued up -tobe used to
on such Cotton, per bale, shall be redeemed, and the overplus, af-b^bm,* iB!
ter paying all expenses thereon, including freights, storage, insu- Overplus t o
ranee, wharfage, &c., shall be paid to each Planter that may have Planter'd to
subscribed, or it shall become a part of the stock of said Bank, and part of the
be placed to the credit of such Planters as may have subscribed the Bank.of the
same.
14. Sec. XII. And be it further enacted, That, as each subscrip-
22 PUBLIC LAWS—Banks and Banking.
Cotton Planters' Bank of Georgia—Bank of Fulton.
cotton paidtion of Cotton may be made and the same is stored, it shall be
xnwkedf be marked in such manner as it may be known by whom it was sub-
scribed after the sale thereof.
15. Sec. XIII. And be it further enacted, That at any time after
Scribing any planter shall subscribe stock in said Bank, in cotton, he shall
tacfttton^have the right to direct his cotton so subscribed, to be sold, when-
when nrshaiiever its market value shall rise above the sum of thirty dollars per
wiiiolbring bale, so as to meet the amount issued thereon by the Bank and the
was advanced expenses thereon; and the surplus shall be paid over to said plan-
Spens^.11 bfer» so as to allow each planter to determine.for himself as to the
market, and to exercise his own judgment, without any restriction,
as to when the cotton subscribed shall be sold, without loss to said
Bank.
16. Sec. XIV. And be it further enacted, That any person who
ton (subscri- may subscribe stock in cotton and the same has been used as the
in. basis of circulation, and thirty dollars is issued thereon, he shall be
and restric- at liberty to sell his stock, or the cotton which represents his stock,
sale.3 0 BUC subject to the liability resting upon it for the bills that may be is-
sued thereon.
17. Sec. XV. And be it further enacted, That subscriptions shall
fns'r'i'landbe received, in sea island cotton, at forty-five dollars per bale; a
perbateofloobale to be estimated at three hundred pounds, per bale, and consti-
pounds. ^u^-e sai(j Bank.
No one but a 18. Sec. XVI. And be it further enacted, That no one shall hold
teftS oPw n stock in said Bank, except he be a cotton Planter; nor shall he
payn any subscribe to the capital stock of said Bank, any other than cotton
hfrTis^c7l raised by himself.
hxmseif. gEC> xyip Repeals conflicting laws.
Assented to December 14, 1S61.
(No. 9.)
An Act to amend An Act incorporating the Banlc of Fulton.
19. Section I. The General Assembly of the State of Georgia do enact,
Bank of Fui-That the Act incorporating the Bank of Fulton, in this State be,
real e st a t e and it is hereby so amended, as to allow the said Bank to purchase
w11 fideki£real estate whenever the same shall be done bona fide, in the settle-
any debt due ment or collection of claims due and owing by note, bill, or iudg-
the bank. men^ Bank.
Any citizen 20. Sec. II. And be it further enacted, That any citizen of the Con-
f e d*e rVVe federate States may take stock in said Bank.*
tSakee3to®kain Sec. III. Repeals conflicting laws.
the Bank of
Fulton.
Assented to December 17, 1861.
* By the XVIII See. of the Act incorporating the Bank of Fulton, it is declared that " two-
thirds of the stock shall be owned by citizens of Georgia." Acts of 1855—6 p. 69.
PUBLIC LAWS.—Banks and Banking.
23
North-Western Bank—Foreign Exchange— Married women may deposit money in Savings Banks.
. (No. 10.)
An Act to amend An Act incorporating the North Western Bank of
Georgia.
21. Section T. The General Assembly of Georgia do enact as follows:
That the Directors of the North Western Bank of Georgia, shall be ^Balk6^
authorized, at any time after the passage of this Act, in their dis- Statfuh
cretion, to establish an office of Discount and Deposit in the city of?®??ta0/dde-
Atlanta, in the county of Fulton, and upon the same terms, and infanta?111 At*
the same manner as shall be practiced at said principal Bank; and
to commit the management of said office, and the making such dis-
counts, to such persons, on such terms, and under such regulations,
as said Directors shall deem proper, not being contrary to law or
the Charter of said Bank.
Sec. II. Repeals conflicting laws.
Assented to Dec. 5th, 1861.
(No. 11.)
An Act to regulate Foreign Exchange.
22. Section I. The General Assembly of the State of Georgia do Foreign ex
enact, That the purchase and sale of Foreign Exchange, shall here- change to be
after be regulated by the laws of trade.* thel'fw« of
And that all laws or parts of laws heretofore enacted, which strictions re-
place restrictions upon Foreign Exchange, be and the same aremove *
hereby repealed.
Assented to December 14, 1861.
* By the X Sec. of the Act of 1857, passed over the Executive veto, it was provided, " that
no bank or bank agency, by itself, its officers or agents, shall either directly or indirectly sell
any kind of exchange, except sight checks; nor exact, demand, ask or recieve for exchange in
or out of this State, of any citizen of this State, a greater premium than one per centum, on the
amount of exchange sold, when the bills of the bank from which the exchange is sought to be
obtained, are presented at its counter in payment of said exchange." Acts of 1857, p. 28.
See also, Supra, Act No. 6, and notes thereto.
(No. 12.)
An Act to authorize Married Women to deposit money in any Savings
Bank or Institution now chartered, or which may hereafter be chartered
by this State, and for other purposes therein mentioned.
23. Section I. The General Assembly of the State of Georgia do en-
act as follows: That it shall and may be lawful for any married wo-
man to deposit in any of the Savings Banks or Institutions for Sa-me"may X
vings, now chartered in the State of Georgia, or which may here-fingS6 BanS^
after be chartered in said State, any sum or sums of money, the ?hefre own or
proceeds of her own labor, or that of her children, less than one^nViUoV?
thousand dollars taken in the aggregate, and to control, draw for, $i,o™o™nfwe
dispose of, devise, or transfer in any way whatever, the sum oroftheTu^l
sums thus deposited, in every respect as if she were not a marriedband-
woman.
Sec. II. Repeals conflicting laws.
Assented to December 16, 1861.
PUBLIC LAWS.—Banks and Banking.
Savannah Banks may remove to the Interior—Timber Cutters' Bank
(No. 13.)
An Act to authorize the several Banks and Banking Institutions located
lit Savannah, to remove their places of business into the interior during
the invasion of the enemy.
24. Section i. Be it. enacted, That it shall be lawful for the sev-
BMk«nm*yera^ Banks and Banking Institutions located at Savannah, to re-
IPKBSOVft to ill- move their places of business to the interior of the State, that eith-
er of them may respectively select; and there to carry on their busi-
" ' ness during the invasion of the State of South Carolina or of this
State, by the forces of the army or navy of the United States.
2-5. Sec. II. And be it further enacted, That, in respect of notes or
bills, or acceptances or obligations hereafter to fall due and pay-
able in the city of Savannah, it shall be lawful for the holders of
the same, to make demand of payment at any point, or points, in
^ uftlle interior to which said Banks may remove their places of busi-
p*s*-ne8s; and upon such demand and notice to drawers of bills or en-
the Worses of notes or bills, or obligations, of non-payment of the same,
t«given or sent by mail within a reasonable time, such drawers of bills
^Lyberemo-or endorsers of notes or bills, or obligations, shall be held and
bound for the same, in the same manner as if such demand of pay-
ment had been made in Savannah.
Sec. HI. Repeals all conflicting laws.
Assented to November 22, 1861.
(No. 14.)
An Act to authorize the removal of the Timber Cutters' Bank, and for
■other purposes.
26. Section I. Be it enacted by the General Assembly of the Stato
of Georgia, That by and with the consent of the Stockholders
feSfs fuk in the Timber Cutters' Bank, located at Savannah, to be made
r^dr L" known by a vote of a majority of the shares of the Capital Stock,
the said Bank may be removed to, and permanently located at
either the city of Darien or the city of Brunswick, in this State;
Provided, that the selection of either place for its location shall pre-
elude the removal to the other.
27. Sec. II. Be itfurther enacted, That the said Bank shall not be
ynWr,5t-10i10frequired hereafter, to advertise'its semi-annual statement as set-
forth in Section fourteen of the act incorporating the same,
passed the twenty-sixth day of February, 1856,* in more than one
of the Gazetts printed in the city of Savannah having the largest
circulation.
Assented to Dec. 17, 1861.
*By this Act, such publications were required to be made "in each of the newspapers prin-
ted in Savannah." See Acts of 1855-6, p. 92.
PUBLIC LAWS—Banks and Banking.
25
Palace Mills Co. may issue change bills.—City Council of Augusta may issue Treasury Notes.
(No. 15.)
An Act to legalize the action of the Palace Mills Company of Columbus,
in issuing change hills, and to legalize the issue of change hills hy others,
on certain conditions.
Whereas, Heretofore, to-wit: on the 26th of October, 1861,
Randolph L. Mott, President of the Palace Mills Company, of the
city of Columbus, at the request and solicitation of many citizens
of said city, did issue and put in circulation change bills, for the preambia.
convenience of the citizens of Columbus, as there was a great scarci-
ty of silver change ; And Whereas, the issue of said change bills
and the circulation of the same, was contrary to the Statutes in
such case made and provided ;;
28. Sec. I. Be it enacted, That the change bills issued by thePal-^
ace Mills, of Columbus, and signed by R. L. Mott, President, and chang" mi0u
dated 26th of Oct., 1861, and put in circulation, that said issue of^nis Vco6-
change bills are hereby made legal, and the property of the said gaUzed8.'
Palace Mills and all the property of the said R. L. Mott, is and are
hereby made liable for the redemption of said change bills ; and Those issued
that the said Palace Mills and Randolph L. Mott are hereby requir- aruea
ed to redeem, on presentation, and destroy, so as not to put in cir-Si0c™OTieatio^
culation again, the said change bills.
29. Sec. II. And he it further enacted, That said Palace Mills and r. Mott
Randolph L. Mott, its President, are hereby released from any pen- ace Mills re-
alty for and on account of issuing and puting in circulation the all penalties
for liEvinj is-
said change bills dated on the 26th of October, 1861, any law to«.«ed said
the contrary notwithstandingand that the provisions of this Act Prolong Cf
be extended to all individuals and Corporations who have issued and oth-"
put in circulation change bills, upon their redeeming all such bills k7uTdh°ha£gI
as may have been issued ; Provided, that no Corporation or personSin'con ST:
shall be relieved from the pains and penalties of the existing laws,tlons-
who shall fail or refuse to redeem the change bills heretofore issued
by them, when presented; Provided further, that this act shall not
be so construed, as to authorize said Randolph L. Mott, or any
other person or corporation, to issue any other change bills, or to
re-issue those which he or they may redeem.*
Assented to December 17, 1861.
*See Notes to Act No. 6,
(No. 16.)
An Act to authorize the City Council of Augusta, to issue one hundred
thousand dollars in Treasury notes, and for other purposes.
Whereas, It is important that the circulating medium of this
State, grounded upon good and sufficient securities, should be at
this time increased to meet the demands and wants of the people:
And. Whereas, the City Council of Augusta are possessed in theirPreamble"
corporate right and name, of a large quantity of Bank Stock, Rail
Road Stock, and real estate, greatly exceeding in value the sum of
26
PUBLIC LAWS.—Banks and Banking.
City Council of Augusta may issue Treasnry Notes—Supt. W. & A. R. R. may issue change bills.
one hundred thousand dollars, as well as the taxable property
owned and possessed by the citizens of said city:
30. Sec. I. The General Assembly of the State of Georgia, do there-
city council fore enact, That the City Qouncil of Augusta be, and they are here-
m^yu issue by authorized, during the suspension of specie payments by the
notet of "mafi banks of this State, to issue their Treasury notes redeemable eith-
tions.mina"er in specie or in current Banknotes, of the denominations respec-
tively, of five cents, ten cents, twenty-five cents, fifty cents, and
one dollar : which jffiall be signed by such officer or officers as said
City Council may by Ordinance direct.
Amount in 31. Sec. II. The amount of said notes in circulation at any one
aiyone°timetime, shall never exceed one hundred thousand dollars ; and said
$°ioo°ooo.°eednotes shall be taken in payment of all dues to the City Council of
Augusta ; and this provision shall appear on the face of the notes
issued by said City Council.
32. Sec. III. The General Assembly do further enact, That, if the
penalty forTreasurer of the city of Augusta, or other persons authorized by
ruiSn'sV the City Council of Augusta, to sign said notes, shall sign and
ImounUthanP11^ circulation at any one time, a greater sum than one hundred
$100,000. thousand dollars, he, or any one of them, shall be guilty of a mis-
demeanor, and on conviction, shall be fined or imprisoned ; said
fine not to exceed one thousand dollars, and said imprisonment not
to exceed six months.
33. Sec. IV. The General Assembly do further enact, That, if any
penalty forperson or persons shall be guilty of forging or counterfeiting any
^t£u-of said notes, [or shall pass any of said notes?] knowing them to
be forged or counterfeited, he, she, or they, shall be guilty of a fel-
ony; and on conviction thereof, shall be imprisoned in the Peni-
tentiary of this State, for a term of years not less than five nor
more than ten, in the discretion of the Court before whom the
conviction takes place.
34. Sec. V. The property of the City Council of Augusta, both
pledged Correal and personal, shall be liable for the redemption of said notes;
redemption of -i i • • i i jt i i c ji ^
notes issued, and a lien is hereby created upon such property lor the redemp-
tion of any notes issued under the provisions of this Act : Which
lien shall not be impaired or defeated by any transfer of such prop-
erty after the passage of this Act.*
Sec. VI. Repeals conflicting laws.
Assented to November 26th, 1861.
*See Notes to Act No. 6.
(No. 17.)
An Act to authorize the Superintendent of the Western Sf Atlantic Rail
Road of this State, to issue change Bills, and for other purposes.
35. Sec. I. The General Assembly of Georgia do enact as follows:
That the Superintendent of the Western & Atlantic Railroad of
thorized to is- this State, be and he is hereby authorized to issue and put in circu-
wu«. lation, change bills of the denomination of one dollar, fifty cents,
twenty-five cents, ten cents, and five cents, the aggregate amount
PUBLIC LAWS—Banks and Banking.
27
Supt. W. A. R. R. may issue change hills.
of which shall not exceed the sum of two hundred thousand dol-^^®*^
lars; which change bills shall be signed by the said Superintendent °ooin amount
and countersigned by the Treasurer of said Road ; Provided, that
the amount of said change bills of the denomination of one dollar,
shall not exceed the sum of fifteen thousand dollars.
36. Sec. II. Said change bills shall be redeemed by said Treasur-
er in current bank notes, whenever presented in sums of five dol-redeem"
lars or upwards ; and for the ultimate redemption of the change property of
bills which may be issued as aforesaid, the said Western & Atlan- S"thd0f"state
tic Railroad, its fixtures, property and revenues, together with the &etr redemp-
faith of the State, are hereby pledged. tion-
37. Sec. III. And be it further enacted, That the Bills so issued,,To |ie ™axieA
J . 7 7 on Bank pa-
shall be upon such paper as is now used by the banks of this State,
or the best paper that can be procured.
38. Sec. IV. All change bills issued under the provisions of this Such change
Act, shall be, and are hereby made receivable in payment of taxes,
ble for iaxes
and all other dues to the State, as well as dues to said Western &
to State or to
Atlantic Railroad. 1 itoaY& A K
39. Sec. V. Any person who shall alter, or counterfeit any Penalty for
change bill issued as aforesaid, or shall knowingly pass, or utter any ^gthfbiii*.
change bill so altered or counterfeited as aforesaid, shall be guilty &c-
of a felony ; and on indictment and on conviction thereof, the offend-
er shall be punished by confinement and labor in the Penitentiary
of this State, for a time not less than two, nor longer than ten
years, at the discretion of the Court.
40. Sec. VI. And be it further enacted, That for a violation ofPenaUy for
any part of this Act, the person or persons violating the same, °/
shall be guilty of a felony ; and on conviction shall be imprisonedoftllis aot
in the Penitentiary for a term not less than two, nor more than ten
years ; Provided, it shall not be a violation of the provisions of this Proviso.
Act, for the Agent, or Superintendent, or Treasurer, to furnish at
his discretion, change bills for current bank bills, when it is desired
for change.
41. SeC. VII. The said Superintendent shall have a register Air such bills
kept of all change bills issued under this Act; which register shall ed.beregl8ter"
contain the number and amount of each change bill issued ; and
shall at all times be subject to the inspection of the Governor, or
any committee of either branch of the Legislature.
42. Sec. VIII. Be it further enacted, Provided, the authority to^uebmlu^
issue change Bills under this Act, shall cease and determine, so ceasthoncr<^
soon as the payment of specie shall be assumed [resumed?1 by"pSpaym't
the Banks of this'State. Ktsute!
43. Sec. IX. Be it further enacted, That the Superintendent of^^^
the Western & Atlantic Railroad, be required, on demand, to furn-j£™^,]ig
ish to the Treasurer of each county in the State, as much as five
28
PUBLIC LAWS—Code of Georgia.
Revised Code of Laws.
manrtedei,y hundred dollars of change bills, in exchange for current Bank
any Co.Treas. #
of this State. OliiS.
Sec. X. Repeals conflicting laws.
Asseeted to December 17, 1861.
*See Notes to Act No. 6.
Supreme Court Decisions.—The charter of a Bank, granted by an act of the General As-
sembly of Georgia, is a public act, and Courts must take judicial cognizance of it, in all cases,
without having been specially given in evidence. 31. Ga. Repts. 69.
Where a clause in a bank charter authorizes the joining in one action of all parties to a note
or bill given to be negotiated, or actually negitiated in that bank, such joinder is proper.—Ibid.
Such a clause in a bank chartor is not unconstitutional because not expressly recited in the
title of the Act of incorporation.—Ibid.
By the 9th. Sec. of the charter of the Planters' and Mechanics' Bank of Dalton, it is declared
that "the bills obligatory and of credit, notes and other contracts whatever, in behalf of said
corporation, shall be binding upon the said company, provided the same be signed by the Presi-
dent and countersigned by the Cashier of said corporation; and the funds of said corporation
shall be in no case liable for any contract or engagement whatever, unless the same be signed
and countersigned as aforesaidHeld, that bank bills signed by a Vice-President and
countersigned by an Assistant Cashier, there being a regular President and Cashier in office at
the time, discharging their respective duties, are not binding on the corporation. 31. Ga.
Repts. 371.
TITLE V.
CODE OF GEORGIA.
Section 1. Code not to go into effect till 1st Jan-i Section 2. Each member of General Assembly
uary, 1863, j to be furnished with a copy.
(No 18.)
An Act to amend an Act to approve, adopt, and make of force, in the State
of Georgia, a revised Code of Laws, prepared under the direction and
by authority of the General Assembly thereof, andfor other purposes
therewith connected, assented to December 19, I860.*
1. Section I. The General Assembly do enact, That the provisions
Code not to^ of the aforesaid Act he, and the same are hereby so amended that
tnfi.t m the said revised Code of Laws shall go into operation the 1st day
Of January, 1863, and not before.
2. Sec. II. Be it fuither enacted, That so soon as said Code
Efach member hag been properly published and indexed, the Governoris authorized
«rai Assem- and instructed to take the necessary steps to furnish each member
Dlyfcobefurn* i i • i
ished with »oi the present General Assembly with a copy, to the end that he
may examine and prepare to decide upon the merits of the same,
previous to the next meeting of the Legislature.
Assented to 16th December, 1861.
*For this Act, see Acts of 1860, p. 24.
PUBLIC LAWS—County Officers.
29
Offices of Tax Receiver and Collector consolidated—Bond of Tax Receiver and Collector.
TITLE VI.
COUNTY OFFICERS.
Sec. 1. Offices of Receiver of Tax Returns and Sec. 3. When the Tax Receiver and Collector
Tax Collector, consolidated. resigns, or dies, after performing a
" -2. Bonds to be given by the Tax Receiver part of his duties, compensation shall
and Collector,same as those heretofore be allowed for the work done,
given by Tax Collectors.
(No. 19.)
An Act to Consolidate the Offices of Receiver of Tax Returns and of Tax
Collector in this State, and to require the duties thereof to he discharged
by one Officer, to he styled Tax Receiver and Collector.
1. Section I. The General Assembly of Georgia do enact as follows,
to-ivit: From and after the passing of this Act, the offices of Re- Receiver of
ceiver of Tax Returns and the Collector of Taxes, in the several and TaxTo*-
counties of this State8, be, and the same are hereby consolidated ; idated.C0nB0i~
and the duties thereof, shall be discharged by one officer, to be
styled Tax Receiver and Collector; who shall receive therefor the
compensation now allowed by law to the Collector : Provided, no
Collector shall recieve more than fifteen hundred dollars.
Sec. II Repeals conflicting laws.
Assented to November 30th, 1861.
(No. 20.)
An Act to prescribe the Bond of Tax Receiver and Collector, and for
other purposes.
2. Sec. I. The General Assembly of Georgia do enact, That the
bonds* to be required of the Tax Receiver and Collector, shall be gived8b^T.^
those heretofore required of the Tax Collector ; and that the laws coSot and
heretofore enacted in reference to the bonds of Tax Collectors, heretofore re-
shall apply to the bonds to be given by the Tax Receiver and Ool-<iXctor.Tax
lector.
3. Sec. II. Be it further enacted, That whenever the Tax Re- When thg
ceiver and Collector shall resign, after having discharged any por- Tax Receiver
tionofhis duties, he shall receive compensation in proportion to dies. °* r<r-°r
the labor performed ; and in case of the death of the said Tax Re- performed
ceiver and Collector, after having performed a part of his duties, duties, coin-
his representatives shall be entitled to receive compensation in pro- shall be allow-
portion to the labor performed—to be determined by the Comp- part perform-
troller General. ed"
Assented to December 16, 1861.
"For existing statutes relative to bonds of Tax Collectors, see T. R. li. Cobb's New Dj.
gest, pp. 1046, 1056,1065. See also Acts of 1860, p. 30.
30
PUBLIC LAWS.—County Regulations.
Justices of Inferior Courts authorized to issue Bonds and borrow money, in certain cases.
TITLE VII.
COUNTY REGULATIONS.
Sec. I. Justices of Inferior Courts may issue
County Bonds. In Co. of Burke only
on recommendation of Grand Jury, and
for certain purposes.
Sec. I. In county of Decatur such Bonds may
be issued only to raise means to equip
soldiers and to support families of needy
soldiers in service.
(No. 21.)
An Act to authorize the Justices of the Inferior Court of the Counties of
Floyd, Bartow,* Chattooga, Decatur, Cobb, and Burke, and any other
Counties of this State, to issue Bonds, and borrow money , in certain ca-
ses,
1. Section I. The General Assembly of Georgia do enact, That the
justices of Justices of the Inferior Court, or a majority of them, of each of the
may issue co. above named counties, or any other counties of this State, are here-
by authorized to issue Bonds of the county, and borrow money, for
the purpose of raising means to equip volunteers and support the
families of indigent volunteers, wTho are absent in the army, or who
in county of may have been killed, or died in the service, or who may have been
?ecommelfdan woun(Ied or disabled in the service, and for any other county pur-
ju?y,°aidgfor P°ses; (so far as relates to the county of Burke, as the Grand Jury
poses.11 pur" °f said county of Burke may, from time to time, recommend.)
2. Sec. II. The General Assembly do further enact, That the J us-
in Decatur co tices of the Inferior Courts of Decatur county be, and they are
"be issued "hereby authorized, to raise money from the sale of County Bonds,
solely to raise . " , . i • i i •
means to e- to meet present emergencies in equiping and supporting soldiers
and support ' from said county, and to provide means for the support of the needy
nae^dye%oid- families of soldiers in service: this Act to continue in force until
iers in service *-11 i
peace is declared.
Sec. III. Repeals conflicting laws.
Assented to December 17, 1861.
* Formerly Cass.
PUBLIC LAWS.—Elections.
31
Confederate States Senators—Volunteers may vote in certain elections.
TITLE VIII.
ELECTIONS.
Sec. i. Act of Dec. 17, 1859, made applicable
to election of Senators in Congress of
Confederate States.
'' 2. Volunteers in service allowed to vote in
certain elections.
Sec. 3. Mode of holding such elections and ma-
king returns thereof.
(No. 22.)
An Act to amend An Act, approved December 17, 1859,* entitled "An
Act to prescribe the time of holding Elections for Senators in the Con-
gress of the United States, from the State of Georgia.
1. Section I. Beit enacted by the General Assembly of Georgia, That Dec. ml7
the above mentioned Act be so amended as to apply, in ail its pro- We to election
visions, to the Confederate States of America, instead of the United rate State.'
States. _
Sec. II. Repeals conflicting laws.
Assented to December 5, 1861.
* See Acts of 1859. p. 31.
(No. 23.)
An Act to authorize all Volunteers and other Troops in the service from
this State, to vote at all Elections, without reference to the place where
they may be in service at the time of such Elections, and for other pur-
poses.
2. Section I. The General Assembly enacts, That all volunteers
and other troops, citizens of this State, who are now, bylaw, enti-Volunteergal_
tied to vote, or who may at the time of such election, be entitled ^in^er-
to vote at any election in this State,, except such elections as aretainelections-
not returnable to the Executive Department, be and they are here-
by entitled to assemble at such place as they may be stationed at,
or in service, and cast their votes as though they were in their pro-
per counties, at such elections.
3. Sec. II. That at said elections it shall be lawful for any two
commissioned officers of the company, battalion, or regiment, to Mode of hoia-
preside and hold said elections, under the same rules and regula- tions and ma-
tions that are now prescribed by law for the holding such elections, thweotetuma
and make returns of the same as though the said election had been
held in the county of the residence of the voters respectively—
sending one copy of the list of voters and one copy of the tally-
sheet to the Clerk of the Superior Court of the county where the
persons voting reside, and one copy each to the Executive Depart-
ment; and all elections thus held shall be accounted good and valid:
Provided, the returns thereof shall reafch the Executive Dapartment
within fifteen days after the day of elections.
Sec. III. Repeals conflicting laws.
Assented to 14th December, 1861.
32 PUBLIC LAWS—Executors, Administrators, &c.
Administrators, Executors, Guardians, &c., may invest in Bonds of Confederate States, &c.
EXECUTORS, ADMINISTRATORS, TRUSTEES AND GUARDIANS.
Sec. i. Exrs,, Admrs., Trustees and Guardians Sec.,3. Ordinaries may require new or sufficient
may invest trust funds in Bonds ot bonds of Guardians and Administra-
Confederate Siates, by order of Judge tors where, old bonds are insufficient,
of Supr. Court.
" 2. New assignees and Trustees maybe ap-
pointed in certain cases.
(No. 24)
An Act to authorize Guardians, Trustees, Executors and Administrators
to invest in Confederate States Bonds, and in land and negroes.
1. Section I. The General Assembly of the State of Georgia do enact,
fraste^andTha.t Guardians, Trustees, Executors and Administrators, are here-
Sayfnvest J authorized to invest any funds held by them, as such Guardians,
confedemtein Trustees' Executors and Administrators, in the Bonds issued by
states'bonds, the Confederate States of America, or in lands and negroes ;Provi-
ded, that an order to that effect be first obtained from the Judge of
the Superior Court, who is hereby authorized to consider and pass
such applications, either in term time or vacation.
Sec. II. Repeals conflicting laws.
Assented to December 16, 1861.
(No. 25.)
An Act to provide for the appointment of new Assignees and Trustees in
certain cases.
2. Section I. Be it enacted, That in all cases of assignments for
*swand"ru"-the benefit of creditors, heretofore or hereafter made, and in all ca-
aT/oSin'ses of any trust, where the sole or surviving Trustee or Assignee
certain cases, have departed this life, or removed beyond the jurisdiction of
the Courts of this State, the Superior Courts of the several coun-
ties in this State, shall have full power and authority, when sitting,
either as a Court of law or equity, upon the petition of two or
more of the parties interested in such assignment or trust, and on
such notice as the Court shall direct, in a summary manner, to ap-
point a new Trustee or Trustees, in the place and stead of such
deceased or non-resident Trustee; and such new Trustee shall have
all the authority, and be subject to all the pains and penalties of
such deceased or non-resident Trustee or Assignee ; and all laws or
enactments shall be as applicable, and in as full force, in respect to
the new, as the old Assignee or Trustee; and said Court, being
hereby authorized, in his discretien, to require bond and.security of
such Assignee or Trustee.
Sec. II. Repeals conflicting laws.
Assented to December 16,1861.
PUBLIC LAWS.—General Assembly.
Funds in the hands of Adm'rs., Guardians, &c.—Compensation of Members, &c., of Gen. Assembly.
(No. 26.)
An Act to provide for the safety of property or funds in the hands of
Guardians, Administrators or Administratrix, fyc.
3. Section I. Be it enacted, That from and after the passage of
this Act, it shall be the duty of the Ordinaries of the several coun-0rdinarie?
' . * _ .. may
ties of this State, whenever it comes to their knowledge, either by ^t°bron™®'
annual returns or otherwise, that the bond and securities of any Adm5ii;
/-nt • 7 .... .. one' lHtrators ana
Guardian, Administrator, or Administratrix, is not ot sufficient^fndi0s^3
amount, (or otherwise in his judgment insufficient) to be of double fb00unnd(l8 atrrt
the amount of the property or funds in hand of any such Guardian, insufficient.
Administrator, or Administratrix, it shall be the duty of said Ordi-
nary to give notice to said Guardian, Administrator, or Adminis-
tratrix, to come forward at the next term of the Court of said Or-
dinary, and give additional security to said Ordinary, or give a new
bond with good securities; and on failure to do so, said authority
of said Guardian, Administrator, or Administratrix, shall ceaae;
and said Ordinary shall appoint, in terms of the law, a Guardian,
Administrator, or Administratrix, ^o take the place of said default-
ing Guardian, Administrator, or Administratrix.
Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
TITLE X.
GENERAL ASSEMBLY.
Sec. I. Per diem pay of President Senate and
Speaker House Representatives, to be
each $6. Per diem pay of Members to
be $5, each. Mileage $4, for every 20
miles. Members to receive no pay for
absent time except in certain cases.
" 2. Pay of Secretary-Senate to be $3,500, for
each Session of 40 days. This to in-
elude pay of all Clerks to Senate.
" 3. Pay of Clerk House Reps, to be $4,0o0.
which includes pay of all Clerks to
House.
Sec 4. If Session continues over 40 days, Sec'y*
Senate and Cl'k. House, to be paid rn
proportion to duration of Session—if
session be shorter, to be paid in propor-
tion ; and same pro rata pay at extra
Session.
,, 5. Per diem pay of Messengers and Door-
Keepers to be $6, each.
" 6. State Treasurer to make certain advan-
ces to Members and officers of Legisla-
ture ; amounts so advanced to be de-
ducted on settlement.
" 7. General Assembly to meet on Thursdays
instead of Wednesdays as heretofore.
(No. 27.)
An Act to fx the amount of Compensation the Members and Officers of
the General Assembly shall receive for their services, and for other pur-
poses therein mentioned.
1. Section I. The General Assembly oj the State of Georgia do enact
as follows: That the President of the Senate and the Speaker of the
3
34-
PUBLIC LAWS.—General Assembly.
Secretary of Senate—Clerk of the House of Representatives.
pay of Pmsi-House of Representatives, shall each receive as full compensation
ateLdsppakfor bis services, the sum of six dollars per day ; and each member
to befe«?h $6 °f the General Assembly shall receive as full compensation for his
services, the sum of five dollars per day ; and the President of the
$5perday. Senate and Speaker of the House of Representatives, and each
member of the General Assembly, shall receive the sum of four
for every dollars for every twenty miles of travel going to and returning from
twenty miles. gea£ Government, the distance to be computed by the near-
est route usually travelled ; Provided, that no member of the Gen-
bers during "eral Assembly shall receive pay for the time he may be absent un-
their absence. |egg aksence was cause(i by the sickness of himself or family, or
unless leave of absence was granted by the Senate or House of Rep-
resentatives for satisiactory reasons.
2. Sec. II. And be it further enacted, That the Secretary of the
Sy °o/sRen-Senate shall receive as full compensation for his services, including
wotofobreIciievery service rendered, the sum of thirty-five hundred dollars for
day's.011 of 40 each regular session of forty days of the General Assembly ; and he
This to in- shall employ and pay out of said sum the Engrossing, Enrolling,
a!rcicrka3y&c[aQ^ other Clerks and Assistant Clerks necessary to discharge
promptly and properly all the duties of Secretary and Clerk in the
Senate, without any additional compensation whatever; Provided,
that no warrant shall issue in favor of said Secretary until his Ex-
cellency, the Governor, shall have satisfactory evidence that he has
made, or caused to be-made and attached to the journal of the Sen-
ate, a good and sufficient index, and shall have marked and filed
away all reports of standing and special committees, and all other
papers of importance connected with the Senate.
3. Sec. III. And be it further enacted, That the Clerk of the House
pay of cierk of Representatives shall receive as full compensation for his servi-
Representa- C6S9 including every service rendered, the sum of four thousand
eion of 40
dollars for each regular session of forty days of the General Assem-
$To'oo°be bly; and he shall employ and pay out of said sum, the Engrossing
elude pay of
and Enrolling Clerks, and all other Clerks and Assistant Clerks
ancierks. necessary to discharge promptly and properly all the duties of
Clerk and Assistant Clerks of the House of Representati ves, with-
out any additional compensation whatever ; Provided, that no war-
rant shall issue in favor of said Clerk until his Excellency, the Gov-
ernor, shall have satisfactory evidence that he has made, or caused
to be made, and attached to the journal of the House of Representa-
tives, a good and sufficient index, and shall have marked and filed
away all reports of standing and special committees, and all other
papers of importance connected with the House of Representatives,
cifttoie" 4- Sec. IV. And be it further enacted, That if any regular session
secretarydaof°f the General Assembly shall continue longer than forty days, the
fnTcierk 0fSecretary of the Senate and the Clerk of the House of Representa-
paidsinp0toe t^es, shall each receive additional compensation in proportion to
raHonnof0^fhe length of time the session of the General Assembly is in-
ifons'es8ion be creased : and if any regular session of the General Assembly shall
SCpah continue for a Shorter term than forty days, the compensation of
in proportion. secretary of the Senate and the Clerk of the House of Repre-
PUBLIC LAWS.—General Assembly.
35
Treasurer to make certain advances.
sentatives, shall be decreased in proportion to the time said sess-Th0Bame
ion is shortened ; and if there shall at any time be an extra session Proanra^trPay
of the General Assembly,- the Secretary of the Senate and the Clerk S°n' if
of the House of Representatives, shall each receive compensation
for their services at said extra session, at the same rate each re-
ceives at a regular session; and each shall employ and pay at said
extra session, all his Clerks and Assistant Clerks that may be nec-
essary, and do and perform all other things required, the same as at
a regular session.
5. Sec. V. And be it further enacted, That each Messenger a.ndPayofMes.
Door-Keeper of the Senate and House of Representatives, shall re- Door Keeper
ceiv'e as full compensation for his services, the sum of six dollars p°erbdea*6each
for each days service.
6. Sec. VI. And be it further enacted, That the Treasurer of the state Treagu.
State be, and he is hereby required to make advances to any of the certa?nmaa-e
members of the General Assembly ; but in no case to exceed the ^a0r"^sgmber8
per diem pay and mileage actually due; and to advance to the Mes- To MeeBen.
sengers and Door-Keepers of the Senate and House of Representa-f^"p"rd8 Door
tives the per diem pay for services actually performed ; and to ad- To Secretary
vance and pay the Secretary of the Senate such sum as the Presi-Senate-
dent of the Senate may certify to be due him for the service actu-
ally performed, taking into consideration the completion of all his
duties of the whole session ; and to advance and pay to the Clerk To Clk House
of the House of Representatives such portion of his salary as may
be actually due for the services repdered, as the Speaker of the House
of Representatives may certify to be due him, taking into consid-
eration the completion of all his duties for the whole session; and
the amounts so advanced and paid to the Secretary of the Senate Advances to
.and Clerk of the House of Representatives, shall be deducted from from'Execu-
the amount of the Executive warrants drawn in their favor for their on settlement
salaries.
Sec. VII. Repeals conflicting laws.
Passed in House of Representatives by a Constitutional majority
over the Executive veto, of two thirds, by a vote of yeas 109, nays
■37, November 30, 1S61.
WARREN AKIN,
Speaker of the House of Representatives.
L. Carrington,
Clerk of the House of Representatives.
Passed in the Senate over the Executive veto by a Constitution-
^al majority of two-thirds, by a vote of yeas 35, nays 3, November
-30, 1861.
JOHN BILLUPS, President of the Senate,
J as. M. Mobley, Secretary of the Senate.
36 PUBLIC LAWS.—Georgia Relief & Hospital Association.
Time of meeting of the General Assembly changed—Georgia Relief and Hospital Association.
(No. 28.)
An Act to alter and fix the time of the meeting of the General Assembly
of the State of Georgia.
Whereas, The Constitution of the State of Georgia restricts the
Preamble, session of the Legislature to forty days; And Whereas, The Legis-
lature can only remain in session thirty-nine days, in-consequence
of the fortieth day being the Sabbath.
General As ^' ^EC* General Assembly of the State of Georgia do enact,
sembly to That the meeting of the General Assembly of the State of Georgia,
Thursdavs in- shall be annually on the first Thursday in November, instead of the
nesdays. e first Wednesday,* as now required by law.
Assented to December 14, 1861.
*The third item of the 1st Sec. of the 2d Article of the New Constitution of the State, fixed
the time of the meeting of the General Assembly "on the first Wednesday of November, until
suck day of meeting shall be altered by law.'''
TITLE XI.
GEORGIA RELIEF AND HOSPITAL ASSOCIATION.
Preamble.
Sec. 1. $200,000 appropriated to the Georgia
Relief and Hospital Association. Pur-
poses for which to be used.
" 2. To be drawn in sums as needed, and
when ordered to be drawn by Execu-
tive Comm.; then Governor to draw
his warrant on Treasury.
Sec. 3. Monthly report of expenditures, &c.,to
be made to Governor. On failure of
Committee to make such report, the
Governor to withhold his warrant till
it be made. What exhibits reports
shall make. Discretion of Governor
when he thinks expenditures have
been extravagant. Ex. Com. shall
also report whether articles sent to
Hospital have been received, &c., &c.
Further items to be embraced in re-
port of Committee.
4. Application of the Fund.
5. Agents to be appointed to look after
hospital stores in transitu—to be locat-
ed at Richmond Va.—their cornpensa-
tion.
(No. 29.)
An Act to aid the Georgia Belief and Hospital Association; and lo~
cate the same, and to appropriate money therejor.
Whereas, many patriotic and humane citizens of Georgia have
organized themselves into an association, styled the Georgia Relief
and Hospital Association, for the purpose of providing medical at-
tendance, stores, and supplies, hospital rooms, accommodation and
transportation for the sick and wounded soldiers of, and in the
State of Georgia ; And whereas, said Association, which has hither-
to been conducted by voluntary contribution and service, needs,
and will need aid, in continuing its efforts of philanthropy and
benevolence ; And whereas, it is but just that the means necessary
to carry on the operation of the Association should fall equally
upon all the people for whom these Georgia soldiers fight and suffi-
PUBLIC LAWS—Georgia Relief & Hospital Association. 37
Georgia Relief and Hospital Association.
The General Assembly of Georgia do therefore enact as follows:
Section I. The sum of two hundred thousand dollars be, $200,000 ap.
and the same is hereby appropriated and set apart, for the aid and baatEeiief &
benefit of said Georgia Relief and Hospital Association ; to be ex- Stion.Ab"
pended by them in providing medical attendance, stores, and sup-
plies, hospital rooms, accommodation and transportation for the
sick and wounded soldiers of the State of Georgia, and for no
other purpose whatever; Provided, That all soldiers who may be-
come sick or wounded within the limits of the State of Georgia and
in her defence, shall be included in the benefits of this appropria-^0™0-
tion, in the discretion of the managers of the Georgia Relief and
Hospital Association ; which said Association shall be located at
Augusta, Georgia, and the Managers shall have full power to es-
tablish branch Hospitals, as they, in their discretion, may think
necessary ; the said Association in the establishing of Branch Hos-
pitals, shall so locate them as will be more convenient and accep-
table to the troops intended to be benefitted thereby, not exceed-
ing twenty miles distant from the camps, if practicable.
Sec. II. That said fund shall be drawn from the Treasury
only in such sums, and at such times, as they may be needed to
carry out the purposes of the Association ; and when any amount is how drawn,
needed, it shall be ordered by the Executive Committee to be
drawn; and their order to that effect shall be signed by their
Chairman, or in his absence, by the Vice-Chairman, and counter-
signed by the Recording or Corresponding Secretary; and upon
said order being submitted to his Excellency the Governor, andap-
proved by him, he shall draw an Executive warrant on the Treas-
ury -of this State, for the amount expressed in said order ; and then
the Treasurer shall pay the same out of the sum appropriated by
this Act.
Sec. III. The General Assembly do further enact, That the
Executive Committee shall submit to his Excellency the Governor, teetoCmXu"
a monthly statement of the expenditures of said Association, giv-port^Gov."
ing the specific items and details of such expenditures : Provided,
further, That, upon failure of said Committee to make the month-
ly exhibits to. his Excellency the Governor, as required by this Act,
then the Governor shall withhold any further warrant upon said °p0f®tiluQ0^
fund until said Committee shall have duly filed in the Executive Sf10'1
Department, said exhibits, which shall show a full, complete, and
plain statement of all receipts and disbursements by said Commit-
tee y And be it further provided, That if the Governor shall be of the
opinion, from said statements, that the disbursements have been
extravagant or wasteful, he shall be authorized to withhold said
fund, until a satisfactory explanation shall be made : And provided,
further, That in said report, the Executive Committe shall make
report to the Governor fully, whether or not the articles sent for-
ward by them during the month, for the use of the beneficiaries of
this Act, have reached their destination, and if delayed, at
what point, and in what quantities, and from what causes; and
38 PUBLIC LAWS.—Great Seal of the State.—Insolvent Debtors.
New Great Seal for the State of Georgia.—Act to abolish imprisonment for Debt, amended.
they shall likewise report specifically for what purpose or pur-
poses the money may have been expended during the month.
Sec. IV. Be it further enacted, That the above appropriation be
Application applied exclusively, and distributed pro ?ata, to the sick and wound-
un ' ed, according to their necessities, at the different permanent and
temporary Hospitals at the various military positions occupied by
troops from this State, within the State of Virginia and elsewhere.
Sec. V. That the said association shall employ a competent
Amenta to be^-§ent or ^gents, whose duty it shall be to look up and take charge
appointed to of all Hospitals and other stores in transition, intended for Geor-
look aiier . A iji • i j -i -i •
stores81 §ia trooPs> anc* to have said stores and supplies promptly forwar-
such agents destination : said Agent or Agents, to be located at
to be located Richmond, Virginia, or at such other place or places as said Asso-
at Richmond. ... i j • j 1 . 1
ciation may determine to be necessary to carry out the objects of
this act ; and the said appointee shall receive such compensation
jfeneation™" from saitl Board of Managers, out of the foregoing appropriation,
as may be reasonable, and be discontinued at any time said
Board may determine.
Assented to December 10, 1861.
TITLE XII.
GREAT SEAL OF THE STATE.
Section 1. Commissioners appointed who, in Sec. 2. When new Great Seal is agreed upon,,
co-operation with Secretary of State. it shall be used as such in lieu of the
are to prepare a new Great Seal of old one.
the State.
(No. 30.)
An Act to alter the Great Seal of the State of Georgia.
Section I. The General Assembly of Georgia do enact, That S.
polXd who"®* Stafford and G. N. Lester and B. II. Bigham be, and they are
with Sec'y. of hereby appointed Commissioners in co-operation with the Secre-
hrrePatresaedTf^ary State, to prepare a new Great Seal for the State of Geor-
the state. gia> and to make all necessary preparations and arrangements to
bring the same, as agreed on by said Commissioners, into use.
Sec. II. Be it further enacted, That so soon as the Great Seal is
when agreed agreed upon and prepared, as provided in the foregoing section,
used instead the Secretary of State shall forthwith use it instead of the Seal
now in force; and all attestations under the new Seal shall from
then thenceforth be valid.*
Assented to December-14, 1861.
*This act was passed in obedience to the requirements of the latter clause of the 9th Item
of the 2d Section of the 3d Article of the new Constitution of the State, which declares that
" the General Assembly shall, at their first session after the rising of this Convention, by law
cause the Great Seal to be altered."
For Acts heretofore passed relative to the Great Seal of the State, the devices &c. thereon,
•ee t. R. R. Cobb's new Digest, pp. 959,960,961.
PUBLIC LAWS—Insolvent Debtors.
39
Act to abolish imprisonment for Debt, amended.
TITLE XIII.
INSOLVENT DEBTORS.
Sec. 1. Act of 11 Dec. 1858, to apply to any
person arrested on any civil process ;
and notice to be given by pllff. to be
ten days.
" 2. Continuances under said act.
Sec. 3. Affidavit must be made to truth of facts
in tender of issue.
(No. 31.)
An Act to amend an Act entitled an Act to abolish imp? isonment for
debt, on certain conditions herein set forth, and for other purposes, as-
sentedto December 11, 1858.*
Section I. The General Assembly of Georgia do enact, That the Act of n Dec.
provisions of the second section of the above recited Act, be and to persons ai>
the same are hereby extended to all persons arrested under any any civil pro-
civil process whatever, mesne or final; and that the notice required^88' t
by said Act to be given to the Plaintiff, shall be ten days, which given by pl'ff.
i ii i i "ii i • must bo ton
shall be effected by personal service. days.
Sec. II. And be it further enacted, That in no event, except for
Providential cause, shall a continuance be granted to the Plaintiff continuances
,1 in i i • iin r under said act
more than one time, nor shall such continuance delay the case for
more than thirty days from the day of arrest.
Sec. III. And be it further enacted, That the Plaintiff, his Agent
or Attorney, shall be required to make affidavit that he has reason ^.th
to believe that the facts set forth in the tender of issue, are true.i11 tende*ol
' issue.
Sec. IV. Eepeals conflicting laws.
Assented to December 14, 1861.
*This Act will be found in Jhe Acts of 1858, pp. 59-60.
Supreme Court Decision.—When the term to which a ca. sa. is returnable, is adjourned to
another day, a return of the ca. sa. to the adjourned term, will be regular, and will serve as
the return required, before a sci. fa. against bail can be issued. 29 Ga. Repts, 197.
If the officer arresting a defendant in ca. sa., take bond for his appearance at the Court to
which the ca. sa. is returnable, on a certain day which is not the day appointed for the sitting
of the Court, and the defendant appear on the day designated in the bond but after the time
appointed for the holding of the Court and after its adjournment, the security is not responsi-
ble. It is the mistake of the arresting officer. 31. Ga. Repts. 421.
4:0
PUBLIC LAWS.—Insurance Companies.
Planters Insurance Trust and Loan Company.
TITLE XI.
INSURANCE COMPANIES.*
Sec. 1. Planters' Insurance,Trust and Loan Co.
incorporated.
" 2. Objects ofthe Company; its powers and
privileges.
" 3. Capital stock ; shares; organization, &c.
" 4. By-laws ; Principal office, Agencies,
&e.
" 5. Property of Co. subject to taxation as
that of other Insurance Companies in
the State.
" 6. Duration of charter 30 years.
" 7. Foreign capitalists not to control the
Co.
" 8. The Georgia Insurance Company incor
porated.
" 9. Its powers and privileges.
" 10. Organization, by-laws, <fec.
" 11. Annual meetings.
" 12. Business to be divided into Life, Fire
and Marine departments.
" 13. Careful account of ail business of Co.
to be taken annually.
" 14. Regulations as to Life department.
" 15. Personal liability of Stockholders.
'■ 10, The Great Southern Insurance Com-
pany incorporated.
" 17. Commissioners to organize the Compa
ny.
" 18. Subscriptions to stock.
■' 19. Subscribers to stock made a body cor-
porate. Corporate name. By-laws.
a< 20. When Co. may organize. Board of
Directors, President, <fec.
" 21. Eligibility to office of President, and of
Directors.
" 22. Officers, Agents, &c.
" 23. Subjects of insurance, <fec.
" 24. Liability of Corporation and its stock'
holders.
" 25, Further liability of individual stock-
. holders.
Sec. 26. Liability of Stockholders after they
transfer their stock.
" 27. Duration of charter.
" 28 Southern Insurance Company, capital
stock, &c.
29. Company incorporated ; By-Laws,
<&c.
30. Board of Directors ; President; Secre-
tary or Actuary.
31. Powers of Directors and President as
to Officers, Agents, <fec.
32. Subjects of insurance ; payment of los-
ses, &c.
33. Liability of Co. and Stockholders for
debts of Co.
34. Payment of losses.
35. Notes, <fec., payable to Co. treated as
if made payable in bank-
36. Duration of charter 30 years.
37. Repealing clause.
38. Confederate Fire and Marine Insur-
ance Company of Atlanta incorporat-
ed.
39. Directors and President ; Secretary
and Treasurer.
40. Organization of Co.; capital; shares,
&c.
: 41. When Co. may organize.
; 42. Subjects of insurance.
: 43. Company may re-inssure,
; 44. Stock notes, and payment of install-
ments.
' 45. Principal office to be in Atlanta.
1 46. Co. to have powers and privileges of
the Southern Mutual Insurance Co. of
Georgia.
' 47. Directors not to use funds of Co. Da-
ration of charter 30 years.
1 48. Act of 12 Dec. 1859, repealed, except
as to Insurance Cos. in the United
States of America.
(No. 32.)
An Act to incorporate the Planters' Insurance, Trust Sf Loam Company,
and to confer certain powets and priviledges thereon.
1. Section I. Beit enacted, That tlie owners of the shares here-
in authorized to be issued be, and are hereby made a body politic
and corporate ; and as such, under the name and style of the Plan-
Planters In-
•surauce.
IoUSincorpo° ters' Insurance, Trust & Loan Company, may purchase, hold and
acquire any property and estate, real and personal, and the same
Powers and
privileges.
may use, let, lease, mortgage, transfer and convey, and otherwise dis-
pose of; and may sue and be sued, plead and be impleaded, con-
tract and be contracted with, and use a common seal, and the same
3j-iaw». may change at pleasure ; and may make by-laws and regulations
* "Power to grant Polices of Insurance upon Cotton against risks by fire on sea or land, and
to act as Agent for European Insurance Companies within the State of Georgia," is given to
the "Direct Trading Company of Georgia," incorporated at the present session. See Act No.
2, Title "Agriculture and Commerce."
PUBLIC LAWS.—Insurance Companies.
41
Planters Insurance Trust and Loan Company.
for the management of their affairs, and have and use all the rights,
powers and privileges which may be necessary, or proper for them
to have, use and enjoy as an incorporated Company; Provided,
said company shall not hold in this State, at any time, more real
estate than may be necessary for the convenient transaction of
business, unless it be purchased bona fide, in payment of debts.
2. Sec. II. The purpose of this act, is to organize an incorpo-
rated company, whose capital, or such part thereof as they may
deem expedient, may be invested in Railroad Company Bonds and objects of the
shares, and other public and private securities, which being placed<orporat1011"
in Europe or elsewhere, may be sold, or else become the basis
of a credit, enabling such Company to obtain money or credit up-
on such time and upon such terms, as to enable them to use the
same in loans and advances to Railroad Companies, Planters, Man-
nfacturers and others, at a less rate of interest, and for a longer
period, than such loans and advances are usually made by banks ; subjects of
and also to authorize, them to insure houses, goods, and all spe-lllsurauoe'
cies of property, against damage or loss by fire or water, or any
other casualty ; and also to make Insurance of lives, and to guar-
antee the payment of notes and bonds, ahd the performance of
the contracts of companies, corporations, and individuals ; and to
authorize them as a Company, to make all requisite contracts, andCompaIiy
especially to receive and-hold on deposit and in trust, any estate Suites
or property, real and personal, including notes, bonds and accounts, a°ddKite'
and the same to purchase, collect, adjust and settle, and to sell and&°^Le0.sel1
dispose thereof, in any market in the Confederate States or else-May advance
where, for such price, and upon such terms, as may'be agreed on ™aieiLs a°.d
between them and the parties contracting with them ; and also tochan®e-
make advances of money and of credit, and to deal in exchange,
foreign and domestic.
3. Sec. III. That the capital of the Company shall consist of $iop,eatch;be
shares of one hundred dollars each; and that fifty per cent, thereof used and in-
shall be appropriated for, and used as the active capital; and that™"'
fifty per cent, thereof shall be invested by the Directors, in good
securities, and held as a fund reserved and pledged for the payment
of any contingent liability which may be created in the course
of the business of said Company; and should any part of the re-
served fund be, at any time, used in payment of such liability, it
shall be the duty of the directors to reinstate the sum thus taken
for tlfat use, by appropriating thereto, so much of the current in-
come of the Company as may be requisite therefor; and no distri-
bution of profits shall, at any time be made, so long as there may
be any deficiency whatsoever in the fund reserved as aforesaid :
and Duff Green, William Moughon, Augustus Seaborn Jones, Wil-^^,^
liam B. Johnson and John L. Jones, are hereby appointed Com- open books
missioners ; and they or a majority of them may, in person or by tiona to stock,
proxy, at such times and places as they may deem expedient, open Co may or-
books of subscribtiqn; and when four thousand shares shall have four thousand
be6n paid in, or satisfactorily secured, the subscribers may proceed subscribed
to organize the company, by the election of four or more Directors ; secured!"1 or
42
PUBLIC LAWS.—Insurance Companies.
Planters Insurance Trust and Loan Company.
?ectors.of Di"and the directors, (three fourths of whom shall be citizens of the
Confederate States,) are hereby authorized and empowered, in the
name and behalf of said Company, to have ar:d exercise all the
co-80maes Powers and privileges which are intended to be herein giv-
fromath£ toen > and may, from time to time, increase the resources of the Com-
toe. pany, by borrowing money on the pledge of their property, or
who may without such pledge, or by new subscriptions ; and any citizen or
^coharesinsubject, company or Corporation, of any State, Government or
country, may subscribe for, purchase, own and hold shares, in the
said Company ; and the owners of such shares shall each be lia-
fci^a tadngble for, and bound to pay the said Company the sums due. or to be-
Stockholders come due upon such shares ; and which sum or sums being paid,
fu0rtherbpea^orsuch owner shall not be liable for any further payment on account
New sub thereof; and when new subscriptions are made, the shares may
scnptions. issuec[ par? or for.the benefit of the owners of the shares
By-laws; and previously issued.
may'provide 4. Sec. IY. The by-laws may priscribe the number of, and the
for- manner in which the Directors and Officers and Agents of the Com-
Principal of.pany shall be appointed, and designate their terms of service, pow-
Maco°nbeat ers, duties and compensation : the principal office shall be at Ma-
?itaeba8h maycon in this State; but the Directors, under such rules and regula-
agendeTin^tions as they may approve, may establish branches and agencies
eisewhered in Europe and elsewhere ; and the said Directors may require all
Office™ may the officers and agents of the said Company, to take an oath that
takeeqauiro£b! they wiB- faithfully and honestly, to the best of their ability, dis-
misconduct charge their duties as such ; and any such officer or agent misap-
agentir™ or propriating the assets of said Company or of any creditor thereof,
with fraudulent intent, shall be personally liable, and all the prop-
erty and estate of such officer or agent, shall be subject to, and
officer or a?t. bound for the payment of any damage or loss which the said Com-
misappropri- t i n rv* r i •
conggfuuty ofPany or cre(!itor thereof, may sutler on account of such misappro-
felony. priation ; and such officer or agent, upon conviction of such mis-
appropriation, shall be held to be guilty of felony, and may be
fined in a sum not exceeding one thousand dollars, and imprisoned
in the Penitentiary of this State, for a term not exceeding ten years,
at the discretion of the Court before whom such conviction is
Capital used had.
5. Sec. V. So much of the capital of the said Company as may
otheerthau8u- be used within the limits of this State, shall be assessed in the
tbisCstate.' insame manner, and there shall be paid thereon, the same tax as is
assessed and paid on the capital of other Insurance Companies
5ausa.lmg in this State; and all acts and parts of acts conflicting with the
provisions of this act, are hereby repealed.
^arter03o°yfrs. 6. Sec. VI. That this act shall take effect and be in force, for
thirty years from and after its passage, and until the same be modi-
fied or repealed.
faiuts^not^to Sec. VII. Be it further enacted, That nothing contained in
oorporatimi. this act, shall be so construed as to give to Foreign Capitalists a
controlling influence in this corporation ; but the same shall al-
ways be under direction and control of the share-holders of the
PUBLIC LAWS.—Insurance Companies.
43
Georgia Mutual Insurance Company.
Confederate States of America, or a majority of the Stock owned
by them ; Provided, that they shall publish once a year, duringp^isah^darin
the time that they shall continue in business, a list of the Stock-
holders in some newspaper published in this State.
Assented to December 12, 1861.
(No. 33.)
An Act to incorporate the Georgia Mutual Insurance Company.
8. Sec. I. The General Assembly of Georgia do enact, That Wil-CorporatorB.
liam King of Charleston, A. J. Brady of Fulton, J. J. Gresham of
Macon, E. P. Clayton of Richmond, J. W. Wheatley of Sumter,
and R. McLeod of Cobb, be Commissioners to receive subscrip-The Georgia
tions to the stock of a Company to be known as the "Georgiara^e coU8u"
Mutual Insurance Company the capital stock shall consist of two Capital stock
thousand shares of one hundred dollars each. $100 shares.
9. Sec. II. When all the stock shall have been subscribed, the
Commissioners shall give notice to the subscribers, who shall, with p™'.<?r8Emd
* i • • it privileges.
their successors, constitute a body corporate, with all the powers
and privileges usually belonging to a corporation, and with the
right to make any and every kind ot insurance not inconsistent Si£e*ofin"
with the laws of this State or the Confederate States.
10. Sec. III. The Commissioners shall call the Stockholders to-°rthTcoMn
gether, as soon as may be convenient, to elect twelve Directors, who Sscers0.18
shall elect officers, adopt by-laws, and organize and manage all the No insurance
business of the Company ; but no insurance shall be made until tmt|i1oo,ooo
one hundred thousand dollars of the capital stock shall be paid up.paidink be
11. Sec. IV. The annual meeting of the Company shall be on i4gnofalcTeto
the first Tuesday in February in every year, when new Directors day in Feb'^.;
shall be elected, who shall remain in office until their successors rectors shall
shall be chosen. wectea.
12. Sec. V. The business of the Company shall be divided intoco"tobein
three departments, Life, Fire, and Marine ; and the receipts and merits, Life,
investments and profits of each, shall be kept entirely separate. rine; and pro-
13. Sec. VI. During the month of January in every year, a kept separate,
careful and exact calculation shall be made of the earnings of the SmntVof
capital stock, and of each of the three departments of the Cornpa-dTPaSrtmentto
ny's business, after making an ample allowance for claims, bad jfim oTdch
debts, risks not yet terminated, and every other liability; one-fourthyear-
of the insurance earnings, with all those of the capital stock, shall
belong to'the Stockholders, and be disposed of as the Directors
may determine ; the other three-fourths shall belong to the insur-
ed, and shall be divided among the insurers in each department, in
scrip, (after paying interest on scrip already insued,) in proportion Other regula-
to the profits in each department, and to the premiums on risks ter- comply.11"5
minated or renewed during the preceding year, without loss ; this
scrip shall not be issued for fractions of a dollar ; it shall be re-
tained by the Company as security when any insurer is in its debt;
and when all the scrip i$ any department, excepting the oldest,
shall amount to two hundred thousand dollars, then, the oldest
shall be paid off; if there shall be in any year no insurance earn-
44
PUBLIC LAWS.—Insurance Companies.
Great Southern Insurance Company.
ings in any one of the departments, a portion of its scrip issued in
previous years shall be cancelled, equal to the deficiency of the
year beginning with the last, and then with the preceding years,
Investments and so on to the first.
^artment to 14. Sec. VII. The investments in the Life JDepartment, shall be
Confederate only in State or Confederate States Bonds, or in bond and mort-
and in mort- gage on real estate, with twice the amount of the bond.
fstate°n real 15. Sec. VIII. The Stockholders shall be individually responsi-
wHty of1 ha" ble for all the liabilities of the Company.
Stockholders. -^7- *pv -« • . • -■
Sec. IX. Kepeais conflicting laws.
Assented to December 17, 1861.
(No. 34.)
An Act to incorporate, in the State of Georgia, an Insurance Company,
to he called The Great Southern Insurance Company.
Whereas, The wants of the Southern States greatly demand in-
Preamble, creased facilities for the insurance of properties of all kind, to take
the place of the Northern Companies which have heretofore occu-
pied this field for the employment of capital, and many of said
Northern Companies being unknown to the people of the South,
and some of them wholly irresponsible ; And whereas, the policy
of our State should be directed to the encouragement of capital
into this desired channel, and to the building up of sound and re-
sponsible Insurance Companies in this State:
16. Section I. Be it therefore enacted, That there shall be es-
$2Paw o«r tablished in the State of Georgia, an Insurance Company, the cap-
shares'to be ital stock of which shall be two and one-half millions of dollars, to
lhe°Gmat be divided into shares of one hundred dollars each ; the same to be
^^^""uamed The Great Southern Insurance Company.
17. Sec. II. Be it further enacted, That Robert Habersham,
Charles Green, Gazaway B. Lamar, William Battersby, Andrew
Low, John W. Anderson, of the county of Chatham, and John
Bones, Thomas S. Metcalf, B. H. Warren, Edward Thomas, John
Davison, E. W. Dougherty, B. S. Dunbar, William J. Owens, Rob-
ere to organ- ert H. May, Jesse A. Ansley, and William A. Ramsay, of the coun-
lze the Co. 0f Richmond, and James Ormond, S. Root, W. F. Herring, and
F. R. Shackelford, of the county of Fulton, and John L. Jones,
Isaac Scott, J. B. Ross, B. F. Ross, Asher Ayres, James A. Ral-
ston, Elam Alexander, Pulaski Holt, James A. Nesbit, and Wil-
liam B. Johnson, of the county of Bibb, and Robert M. Gunby,
Daniel Griffin, David Adams, VV. H. Hughs, L. T. Downing, W.
J. McAlister, J. G. Strupper, James F. Bozeman, J. P. Illges, Jas.
Ennis, W. II. Young, of the county of Muscogee, shall be appoint-
ed commissioners for the purpose of organizing said Company, ac-
cording to the provisions hereinafter made.
Book. maybe 18. Sec. III. Be it further enacted, That any three of the com-
Bub^friptlous missioners in their respective counties aforesaid, may open books
to stock. 0f subscription, after thirty days previous advertisement of the
PUBLIC LAWS—Insurance Companies.
45
Great Southern Insurance Company.
fact, in the cities of Savannah, Columbus, Augusta, Macon, and
Atlanta, to receive subscriptions of the capital stock of said C om-
pany, until the sum of one million of dollars is subscribed for, andNo per8onai-
no person shall be allowed to subscribe for more than 250 shares ^befor8"15"
of said stock; but this shall not prevent any person, after the or-
ganization of said Company, from owning more than 250 shares, ™^e^rir0er.
by purchase or otherwise. ganization of
19. Sec. IV. Be it further enacted, That those who shall be-Subscr;berg
come subscribers for said stock, as above mentioned, their succes- to stock and
sors and assigns, shall be, and they are hereby created and made, ^ sors,iucorpor-
body politic, by the name and style of The Great Southern Insur- Under name
ance Company: and by that name shall be, and are hereby made Southern In-
i -i • -i . , ^ i • • i surance Co.
capable, m law, to have, purchase, receive, possess, enjoy, and re-Powerg ^
tain, and sell property of all kinds; to sue, and be sued ; to make privileges,
and use a common seal, and break, alter, and renew the same
at pleasure; to ordain, establish, and put into exucution
such by-laws, rules, and regulations as shall seem necessary By-lawe-
and convenient for the government of said corporation, not con-
trary to the laws and Constitution of this State, or of the Confed-
federate States ; and generally to do all acts and things as shall
appertain to, or be necessary for the carrying into effect the ob-
ject and purposes of said corporation.
20. Sec. V. Be it further enacted, That the said commissioners
'shall immediately after as much as one million of dollars of the of Company,
stock of said corporation shall have been subscribed for, and twen- rectors.0' Dl"
ty dollars per share paid to them, call a meeting of the stockhold-
ers, to be held in the city of Macon; they, the stockholders, shall
proceed to organize said corporation, by the election of not less
than fifteen, nOr more than thirty-one Directors, a majority of
whom sball constitute a quorum ; and the said Directors shall President
elect one of their number as President; after which, the said com- and Board of
missioners shall turn over said books of subscription and money t0
paid in, to said President and Directors; and said President and
Ditectors shall annually, on the 1st of July in each succeeding Mother
stockholders at such point as they may direct, first giving thirty t3?j
year, or such other day as they may appoint, call a meeting of the appoint'
ays no-
_ . ~ of meet*
days notice thereof in the city papers; at which time the stock-t0be«iv-
holders shall elect Directors for the ensuing year; and the Direc-
tors shall elect a President, whose duty it shall be to locate and to'b,?-ucjiato
establish the principal office of said Company in the city of Ma-cou-
con.
21. Sec. VI. Be itjurther enacted, That the Directors and Pres-
ident shall be elected from the stockholders of said Company ; and
that no person shall be eligible as a Director, except he own in ?acLh°aree;for
his own right, 50 shares of the stock of said Company ; and fur- proxy!"'0 by
ther, that there shall be one vote for each share, and that absent Prest and Di-
stockholders may vote by proxy. appoint and
22. Sec. VII. Be it further enacted, That said President and Di-ficei8VandU^f
rectors, shall have power to appoint and remove at pleasure, all prescribe0
officers or agents of said corporation; to prescribe their duties, tc.irdutie8'
Principal of-
Eligibility to
office of Prest.
and Directors.
46
PUBLIC LAWS—Insurance Companies.
Great Southern Insurance Company,
offioerbsTndofta^e from them bonds for the faithful performance thereof, to fill
Fiifvacancies any vacancies that may occur in their Board, and appoint a Presi-
recto™ and'* dent Pr0 temin absence of the President; and further, that
ISdent prosa^ President and Directors shall have power, from time to time,
May caiifor ca^ I°r ^ie Payment of the unpaid stock, in such sums as they
unp-ddnstock may deem proper; and said stock shall be considered and held as
considered6 Personal property ; and upon the neglect or refusal of any stock-
pert°nal pr0" holder to pay the installments on his stock, as called for by the
|u8Ut^ib?^ President and Directors, then, upon ten days notice being given in
stauments, 0ne or more of the city papers, said Board may sell such stock, at
stock to be -1 • -i -i 1 • i i i i in .
forfeited and pUbl]C outcry ; and said delinquent stockholder shall still remain
Delinquent liable for any balance due, or which may become due by him to
Stockholders J. ' i i p • , •
baiincebdue°r sai corporation, and may be sued theretor, m any court having
be «uei jurisdiction ; and said President and Directors shall also have the
Prest. and dp power to give the holders of the policies of said corporation, the
rectors may *■. • • • •
allow ^holders right toparticipate in the net profits of the corporation, to such ex-
participate in tent, and in such manner, and upon such terms as they may deem
^Transfer of i proper; and no stockholder shall have power to transfer his stock
in said corporation, so long as he is a .debtor to said corporation for
money borrowed, premiums due, or installments unpaid.
23. Sec. VIII. Be it further enacted, That said corporation shall
have anthority to insure against losses by fire, on all kinds of prop-
subjects of erty, either real, personal, or mixed, or choses in action; also,
against the hazards of ocean or inland navigation, and transporta-
tion of every kind ; and also upon the duration of human life, for
such premiums as it may determine; and said corporation shall be
liable to make good and pay to the several persons who may insure
in said corporation, for the losses they may sustain, or for life insu-'
ranee, in accordance only with the terms of the contract or policy
How policies issued by said corporation; and no policy, or other contract of said
unci contracts • • • ^
must be corporation shall be binding, except it be signed by the President
binding on Co and Secretary of said corporation - and said corporation shall have
Other powers power to receive money on deposit, to loan and borrow money, to
o company.'take and give such securities therefor as may be considered best, to
invest its moneys and transfer its properties at pleasure, to pur-
chase and discount notes and bills of exchange, and do all other
acts it may deem advisable for the safe keeping and secure invest-
Hot to issue ment °f its funds; Provided, That nothing herein contained shall
bills for circu- be construed to authorize said corporation to make any note or bill
ney. to circulate as a bank bill, or to issue any security to be circulated
as money ; And it is further enacted, That said corporation shall have
M«yre-insurep0wer and authority to make re-insurance of any risks that may
be taken by them.
Liability of ®EC- IX. Be itfurther enacted, That said corporation shall be
anToTindi- responsible to its creditors, to the extent of its property; and the
vidnai stock-stockholders shall be liable to its creditors, to the extent of the
holders. # 7
amount 01 their respective stock not paid up.
bmtbeof1!to- 25. Sec. X. Be it further enacted, That the stockholders shall be in-
stockholders filvidually liable for the debts of said corporation, in proportion to
PUBLIC LAWS.—Insurance Companies.
47
Southern Insurance Company.
the number of shares owned or held by each, to the extent oftf£rece0btsof
double the amount of stock so owned or held by them.
26. Sec. XI. And be it, further enacted, That no stockholder in said
Insurance Company shall be allowed to transfer his stock in said stockholders
Company, at any time, by means of which he shall be relieved from ofstock?*6*
any liability incurred by said Company, or existing at the time of
said transfer; but said stockholder shall continue to be liable for
all liabilities or indebtedness of said Company, existing at the time
of said transfer.
27. Sec. XII. Be it further enacted, This* charter and all its Duration of
privileges and powers herein granted, shall continue in force for thecharter50yr*
term of fifty years from the 25th day of December, (1861) eighteen
hundred and sixty-one.
Sec. XIII. Repeals conflicting laws.
Assented to December 17th, 1861.
(No. 35.)
An Act to incorporate an Insurance Company in the City of Savannah,
to be called the Southern Insurance Company.
28. Section I. Be it enacted, That there shall be established in Southern In-
the city of Savannah, an Insurance Company, the capital stock of cap^afstock
which shall be three hundred thousand dollars, but which may be May be in-
increased to one million dollars should the interest of the Company $4oo%oto
require it, to be divided into shares of twenty dollars each; but each68 $10°
said Company may proceed to organize when one hundred thousand ganize when
dollars have been subscribed, and five per cent paid thereon. subscribed &,
29. Sec. II. Be it further enacted, That George Patten, E. H. Ba-5pr'ct pd'in'
con, William Cox, George W. Garmany, S. S. Miller, E. E. Hertz, CorP°ratorg-
J. W. Gaut, V. W. Skiff*, Aaron Wilbur, J. H. Graybill, or any five
of them, citizens of the city of Savannah, their associates and sue-
cessors, are hereby created a body corporate, under the name and Southern In-
style of the Southern Insurance Company; by which name they incorporated,
may have, purchase, receive, possess, enjoy and retain, and sell pro- Power* and
perty of all kinds; sue and be sued, have and use a common seal 1 es<*'
which they may break, alter and renew at pleasure, elect its own
officers, and make such by-laws, rules and regulations as may be By-iaw*.
deemed necessary to carry into effect the objects of this corpora-
tion.
30. Sec. III. Be it further enacted, That said Corporation shall be
managod by not less than seven Directors, a majority of whom rector*.of Di"
shall constitute o quorum for the transaction of business; each of
which Directors shall be a stockholder to the amount of one hun- Directors^
dred shares, who shall be elected at such time and place as the cor- Election of
porators and their successors may designate ; and hold their office
for one year, or until their successors are elected ; the Directors
aforesaid shall, out of their number, elect a President, who shall President,
serve for twelve months, or until a successor be elected, and fill any
48
PUBLIC LAWS.—Insurance Companies.
Southern Insurance Company.
vacancy by death or otherwise, in the office of President, and with
secretary or the advice and consent of the President, elect a Secretary, Actua-
office«'and ry> or any other officers or Agents, whose services may be needed
agents. in carrying out the objects of this Corporation; a vacancy in the
Bd?aof%irec-S°ar^ of Directors can only be filled by the stockholders, at a meet-
tow, how en-jng held after notice of the time and place of meeting ; and further,
Sch si£re.forthafc there shall be one vote for each share, and that absent stock-
Proxy. holders may vote by proxy, provided, the party so voting by [as ?]
proxy, is himself a stockholder.
31. Sec. IV. Be it*further enacted, That said President and Di-
p^t.r&°Bd.rectors shall have power to appoint, and remove at pleasure, all
of Directors. 0f£cers or ^gents of said Corporation; they shall have power to ap-
Agencies. point Agents and locate offices, in such places, and at such times,
as they shall deem best for the interest of said Company; to pre-
Bonds may be scribe the duties of Agents and officers, to take from them bonds
indeoffiierf8'for the faithful performance thereof, to apppoint a President pro
Pwsidenf pro tem. }n the absence of the President; and further, that said Presi-
dent and Directors shall have power and authority, from time to
un^idenstock.time, to call for the payment of the unpaid stock, in such sums as
Stock to be „ they may deem proper; and said stock shall be considered and held
personafpro- as personal property ; and upon the neglect or refusal of any stock-
perty' holder to pay the installments as called for by the President and
Directors, thereupon, ten days notice being given in one or more
Delinquent of the city papers, said Board may sell such stock, at public out-
stockholders. cry.. an(j ga|^ (3e]jnqUen^ stockholders shall still remain liable for
any balance due, or which may become due by him to said Corpo-
ration, and may be sued therefor, in any Court having jurisdiction;
and said President and Directors shall have further power to make
Dividends, dividends, and fix the place and define the manner of paying the
Transfer of dividends, paying interest and transferring stock ; and said Presi-
Holders of denf and Directors shall also have the power to give the holders of
wiowed1to the policies of said Company, the right to participate in the net
^profittin profits of the Company, to such an extent, in such manner, and up-
on such terms, as they shall deem proper.
32. Sec. V. Be it further enacted, That said Corporation shall
insurance. have authority to insure against losses by fire, in all kinds of prop-
erty, either real, personal or mixed ; also against all the hazards of
ocean or inland navigation and transportation of every kind, also to
make insurance on lives, ahd all and every insurance appertaining
to the duration of life, for such premiums as it may determine; and
Payrnent of said Company shall be liable to make good, and pay to the several
persons who may insure in said Company, for the losses they may
sustain, or for life insurance, in accordance only with the terms
Policies and of the contract or policy issued by said Company ; and no policy
c°atoabebind?or other contract of said Company, shall be binding except it be
sbfned'by e signed by the President or Vice President, and Secretary or Actu-
sJc'yOTActu-ar'y of said Company ; and said Company shall have power to re-
co.'may re- ceive money on deposit, to loan and borrow money, to take and
ondepds?t?y give such securities therefor as maybe considered best, to invest its
row money- "monies upon such terms as may be best, and transfer its property
PUBLIC LAWS—Insurance Companies.
49
Southern Insurance Company.—Confederate Fire & Marine Insurance Company.
at pleasure, to purchase and discount notes and bills of Exchange, Other powers
and do all other acts it may deem advisable for the safe keeping and
secure investments of its funds ; and said Company shall have pow- P°- m«yre*
f /■» insure.
er and authority to make re-insurances of any risks that may be
taken by them.
33. Sec. VI. Be it further enacted, That the said Company shall L;aMity of
be responsible to its creditors to the extent of its property, andgt%^d1(j£s
the stockholders shall be liable to the extent of double the amount'™; det>tsof
of their respective stock, for the debts of the Company, in propor-
tion to the number of shares held by each.
34. Sdc. VII. Be it further enacted, That all claims for losses
against said Company shall be due and payable in sixty days afterof
proof of the loss has been furnished at the office of said company ;i°sseS.
and in disputed cases, in ten days after final decision of the proper
tribunal; and in each case named, the sum ascertained to be due,
shall bear interest from the time made due and payable.
35. Sec. VIII. Be it further enacted, That all bills, bonds, and bui*, wn
promisory notes made payable at the office of said Company, shall payable to Co.
have the same legal effect, and may be subject to all legal remedies, same reme-
the same as if they were made payable at any Bank in this State. Sau pay"
36. Sec. IX. Be it further enacted, That this charter shall con- Do ration of
tinue and be in full force and effect, for the term of thirty years. IsuyeLV0 be
37. Sec. X. Be it further enacted, That all laws and parts of laws RepeaU
containing anything contrary to this charter be, and the same- areclause-
hereby repealed.
Assented to December 17. 1861.
(No. 36.)
An Act to incorporate the Confederate Fire Marine Insura nce Com-
pany of Atlanta, and to confer certain powers and privileges.
38. Section I. The General Assembly do enact, That William Ez-
zard, William Markham, James Clark, John Collier, S. Root, j; corporators,
Calhoun, A. Sloan, Albon Chase and A. Merrill, citizens of the Oonftaerlltf,
State of Georgia, and their associates and successors, are hereby
created a body corporate, under the name and style of the Confed-™^(ip^*;
erate Fire & Marine Insurance Company, of Atlanta; by which
name they may sue and be sued, plead and be impleaded, have and^£®esand
use a common seal, elect its own officers, and make such by-laws By-laws.'
as may be deemed necessary to carry into effect the object of this
corporation.
39. Sec. II. The General Assembly do further enact, That said Cor-Eoard orD.
poration shall be governed and managed by seven Directors, eachrector8'
of whom shall be a stockholder, who shall be elected at such time
and place as the corporators and their successors may direct, and
hold their office for one year, and until their successors are elected;
one of said Directors shall be elected President, and hold his office fresideEt-
for the same length of time ; said Directors shall fill all vacancies
O 7 . • office - Fres-
which may occur in the office of President by death, resignation oridtEt-
4
.50
PUBLIC LAWS—Insurance Companies.
Confederate Fire & Marine Insurance Company.
otherwise ; a majority of said Directors shall constitute a quorum
for the transaction of business ; and with the advice and consent of
secretary and Bresi<leilt, elect a Secretary and . Treasurer, and any other offi-
'awurer. cer whose services may be necessary to carry out the legitimate
objects of said incorporation ; a vacancy in the Board of Directors
shall only be filled by the stockholders, at a meeting held after no-
Each share tice of the time and place of such meeting, in person or by proxy;
■ oae vote, each stockholder having as many votes as he has shares.
40. Sec. III. The General Assembly do further enact, That a ma-
oremnzatwn jority of said Corporators be, and they are hereby authorized to call
of company.a meetjng 0f Corporators, and may proceed in pursuance with
said call, to arrange [organize?] said Company; and proceed to open
Hription,eub" books for subscription for stock, at such time as they may desig-
ww open- natej jn the cjties 0f Atlanta, Griffin, and Rome, in said State ; the
capital stock of said Corpoiation shall be two hundred and fifty
thousand dollars, divided into shares of one hundred dollars each;
**** 'and said Corporators and their successors, shall have power, in their
capita stock discretion, to increase said capital stock to the sum of five hundred
.creased*to*1" thousand dollars; and no one shall be allowed to subscribe for more
$500,000. than tw0 hundred shares of said stock.
41. Sec. IV. The General Assembly do further enact,, That said cor-
when Co poration may use and exercise the privileges and franchises herein
may com- granted, when the sum of fifty thousand dollars is subscribed and
vneace bus- ° J
««*»• each stockholder has paid in cash, to the proper officer, twenty
per centum on the amount' of his stock, and has made and deliver-
ed to the proper officer, a note secured by mortgage on real estate,
or otherwise to the entire satisfaction of said Corporators or their
successors, for a sum corresponding in amount to his stock less the
sum paid in cash; the notes and cash paid in, constituting the capi-
vtal stock of said Company.
42. Sec. V. The General Assembly do further enact, That said
cfmsurance. Company be authorized to make insurance on dwelling houses,
store houses, and buildings, household furniture, merchandize and
all other property, against loss or damage by fire; to make marine
insurance upon vessels, freight, goods, wares and merchandize, and
all and every insurance appertaining [to ?] or connected with ma-
rine or inland transportation or navigation risk.
43. Sec. VI. The General Assembly do further enact, That said
0ompany may'cause itself to be insured against risks it has taken,
take on real property, take mortgages on any description of property to
merges, &cgecure investments of its funds, or re-invest its funds in Railroad,
Bank or other stocks.
44. Sec. VII. The General Assembly do further enact, That the
stock notes. Directors shall have power to call in any portion of said stock notes,
provided it is necessary to pay off any losses sustained by said com-
.stwk of de- pany; and if any stockholder shall fail or neglect to pay in such
installments as may be thus called in, within such time as said Di-
^j.ec|-org may jn their by-laws prescribe, his stock shall be forfeited;
and every stockholder shall be liable to the creditors of said Com-
PUBLIC LAWS.—Insurance Companies.
51
Agencies of Foreign Insurance Companies.
pany, upon all the debts and contracts of said Company, to the stockade™
amount of his or her stock. company.of
45. Sec. VIII. The General Assembly do further enact, That the principal of-
principal office shall be located in the city of Atlanta, where the beVitkrta!
President and Directors may declare half yearly devidends of such Divideildg.
profits as may have been ascertained, on the first Monday in Janu-
ary and July, in each and every year.
46. Sec. IX. The General Assembly do further enact, That all the
privileges, rights and immunities of the Southern Mutual Insurance ere and priv-
Company,* of said State, be, and the same are hereby conferred up - i'erred on Co.
on the Company.
47. Sec. X. The General Assembly do further enact, That the Di- Thp Dirftctorp
rectors shall not be allowed to use the funds of said Company.—allowed
mi i i -*1 r i • • • i • to use 'undR
This charter and the privileges, franchises and immunities herein of
granted, shall continue for the term of thirty years from the pass-garter to be
age thereof.
Assented to December 17,1861.
* For the Act incorporating the Southern Mutual Insurance Company, see Acts of 1847, p.
(No. 37.)
An Act to repeal An Act to regulate the Agencies of Foreign Insurance
Companies, and to provide for the appointment of an Insurance Commis-
sioner, assented to the 12th of December, 1859.*
48. Section I. Be it enacted by the General Assembly, That the Act Act of 12
referred to in the caption of this Act, be and the same is hereby re- pealed, ex-
pealed; Provided, That the provisions of this Act, shall not extend surance Cos.
to Insurance Companies located within the United States of Ameri-111 the u's'
oa.
Assented to December 16, 1861.
"* See Acts of 1869, p. 28.
52 PUBLIC LAWS—Judiciary.
Judges of the Supreme Court.
TITLE XV.
JUDICIARY.
I. SUPREME COURTS.
ART. i. TERM OF OFFICE OF JUDGES.
II. SUPERIOR AND INFERIOR COURTS AND COURTS
OF ORDINARY.
ART. I. SESSIONS OF COURTS.
" II. ACTION, PROCEEDINGS, &C.
" III. EVIDENCE.
" IV. JUDGMENTS AND EXECUTIONS.
" V. STATUTES OF LIMITATION.
III. COURTS OF SPECIAL JURISDICTION.
ART. i. CITY COURT OF AUGUSTA.
" II. JUSTICES COURTS.
I. SUPREME COURTS.
ART. i. TERM OF OFFICE OF JUDGES.
Sec. i. Term of office 6 years.
(No 38.)
An Act to preec?'ibc the term of office of the Judges of the Supreme Court
of this State.
Section I. The General Assembly enacts, That the Judges of the
Term of of- Supreme Court of this State shall hold their office for the term of
of supremf8 six years,* and until their successors are appointed and qualified,
court e years. gEC# r Repeals conflicting laws.
Assented to December 14, 1861.
* The Judges of the gupreme Court heretofore held their office six years ; (T. R. R. Cobb's
New Digest, p. 447;) but the above Act was passed according to the requirements of the New
Constitution of the State; which declares that the Judges shall hold their office " for such term,
of years as shall be prescribed by law. See IV. Article, I. Sec., 2d item, of the New Const!
tution.
PUBLIC LAWS—Judiciary.
53
Certain Superior Courts in the Northern Circuit.
II. SUPERIOR AND INFERIOR COURTS.
art. i. sessions of courts.*
Sec. 1. Adjournment of SuperiorCourtsinNor-
thern Circuit legalized.
" 2. Superior Courts when held in Columbia,
Washington, Johnson, Emanuel, Rich-
mond, Screven, Jefferson and Burke.
" 3. Superior Courts when held in Putnam.
" 4. Processes, &c.,
" 5. Superior Courts when held in Lumpkin,
and Cobb.
•' 6 Superior Courts when held in Towns.
Sec. 8. Suitors, writs, recognizances, &c.
" 9. Superior Courts when held in White,
Rabun, Habersham, Franklin and
Banks.
" 10 Adjournment of Superior Courts in Ha-
bersham and Banks.
" 11 Holding of adjourned terms of Superior
Courts to be at discretion of Judge.
" 12 Juries for adjourned terms.
13. Adjournment of Inferior Courts and
7. Superior and Inferior Courts when held Courts of Ordinaries, in certain cases
in Milton. |
(No. 39.)
An Act to legalize the adjournment of certain Superior Courts in the
Northern Circuit.
Whereas, *On account of the absence of the Honorable Thomas
W, Thomas, Judge of the Superior Courts for the Northern Circuit,
in the military service of the country, the Superior Courts of certain
counties in that Circuit were not held at the regular time in the
months of August, September and October in the present year;
And Whereas, By an order passed by said Judge and dated the thir-
tieth day of July, in the year 1861, the said Courts were adjourned ^ ^
to the times hereinafter stated ; And Whereas, the legality of said
order is doubted:
1. section I. The General Assembly of the State of Georgia do en-
act, That the adjournment of said Courts by viHue of said order,
to-wit: The Superior Court of Taliaferro county to the third Mon-
day of November, 1861, of Elbert county to the fourth Monday of
November, 1861, of Hart county to the first Monday of December,
1861, of Madison county to the second Monday/ of December, 1861 , of Superior
of Lincoln county to the third Monday of December, 186,1, ofNorthem
Oglethorpe county to the first Monday of January, 1862, of Warren£edmt'legaI"
county to the second Monday of January, 1862, and of Glasscock
county to the third Monday of January, 1862, are hereby made le-
gal; and the proceedings of said Courts at the said adjourned terms,
shall be as valid as if had at a regular Term under existing laws.
Assented to December 3, 1861.
(No. 40.) .
An Act to alter and fix the times for holding the Superior Courts in the
several counties composing the Middle District, and for other purposes
connected therewith.
2. Section I. It is enacted by the General Assembly of the State of
Georgia, That from and after the passage of this Act, the times for
•For Act legalizing the official Acts of Augustus B. Raiford and Sterling Glover, Deputy
Sheriffs of Samuel Dawson, late Sheriff of Sumpter county. The same Act also legalizes the
Session of the Courts in Sumter connty, at which said Deputies officiated.
54
PUBLIC LAWS.—Judiciary.
Superior Courts in the Middle District.—Superior Courts in Putnam County.
|"p^orwhenholding the Superior Courts in the several counties that compose
Middle clr- Middle District, shall be as follows, namely: In Columbia, the
Co"first Mondays of March and September ; in Washington, the second
jSSoif011'Mondays of March and September; in Johnson, the fourth Mon-
Emanuei days of March and September; in Emanuel, the first Mondays of
Richmond April and October; in Richmond, the second Mondays of April and
screren, ' October; in Scriven, the first Mondays of May and November; in
Jefferson and Jefferson, the second Mondays of May and November; in Burke,
Burke. jr(j Mon(]ayS in JVIay and November; and that all bills, writs,
Processes, precepts, processes and summonses heretofore issued, returnable to
&c' the several Courts in the counties named at the times now fixed by
law, be held to be returnable at the first Term to be held in pur-
suance of this Act; and that all suitors, jurors, witnesses, and oth-
er persons who may be bound to attend said Courts, be required to
attend them at the times now fixed, without other or further notice.
Sec. II. Repeals conflicting laws.
Assented to December 3, 1861.
(No. 41.)
An Act to change the time of holding the Superior Courts of the County of
Putnam.
3. Section I. Be it enacted by the General Assembly, That from and
superior after this enactment, the sessions of the Superior Courts of Put-
heidiu p5-n nam county, shall be on the fourth Mondays of March and Septem-
nam. Dcr, in each and every year.
4. Sec. II. And be it further enacted, That all processes, subpoe-
processes. summons, &c., issued or to be issued, shall be made to conform
to the above alterations in the sessions of said Court.
Assented to December 12, 1861.
(No. 42.)
An Act concerning the Superior Courts of the counties of Lumpkin and
Cobb; and changing the existing law in relation thereto ; and to change
the time of holding the Superior Courts of the county of Towns; and
also to change the time of holding the Superior and Inferior Courts of
the county of Milton, and to change the times of holding certain other
Courts herein mentioned, and to legalize processes returnable to said
Courts.
Whereas, By existing law, the Judge of the Superior Courts of
the Blue Ridge Circuit, is required to draw Grand and Petit jurors
Preamble ^or ^w0 wee^8 seY^e in the Superior Courts of said county of
Cbbb; And Whereas also, by existing law, the Criminal Docket of
said Court is not to be called for the trial of cases thereon, until
Monday of the second week of said Court; And Whereas, under ex-
isting circumstances, it is believed that one week will suffice for
PUBLIC LAWS.—Judiciary.
Change of time of holding the Superior Courts in certain counties.
the trial of all the business civil and criminal cases, pending in the
Superior Courts of said county of Cobb, and also Lumpkin.
5. Section I. The General Assembly do enact, That the Superior
Courts of said county of Lumpkin, be held on the first Monday in Lumpkin c».
February and August, in each year ; and in said county of Cobb, onInCobb
the third Monday in March and September, of each year; that the.Jiirore
Judge of said Court shall not be required to draw jurors for twoGourt to be
weeks of either of'said Courts as heretofore, for the county of Cobb ;heid, bKt om
. 7 . * . . weex in a
and that it shall not be obligatory on the Judge of said Circuit totfcrm-
hold two weeks Court in eit her of said counties.
6. Sec. II. That the Superior Courts of said county of Towns,lnTowrs.
beheld on Thursday after the third Mondays of May and October,
in each year.
7. Sec. III. That the Superior Courts of said county of Milton, InMiito»-
be held on the fourth Mondays in March and September, of each inferior
year; and that the Inferior Courts of said county of Milton, be held
on the fourth Mondays of June and December, of each year.
8. Sec. IV. That it shall be the duty of all persons who have
entered into bonds or recognizances to answer criminal prosecutions
to appear and answer the same as though said bonds and recogni-™snizaW,
zances had been taken in conformity to the aforesaid alterations;,
and that all writs, processes, subpoenas and recognizances returna-
ble to any of the aforesaid Courts, shall be deemed and held as
though made returnable to the days, and in conformity to the afore-
said changes and alterations.
9. Sec. V. That the time of holding the Superior Courts of the EXS°wiien
counties of White, Rabun, Habersham, Franklin and Banks, be HeLdo^m^"'
changed as follows, to-wit: The Superior Court of the county of^jS HabI
White, shall be hereafter held on Thursdays after the third Mon-
days in March and September; the Superior Courts of the county InWhite>
of Rabun, shall be held on the fourth Mondays in March and Sep-Ia
tember; the Superior Courts of the county of Habersham, shall -be in Hater-
held on Thursdays after the fourth Mondays in March and Septem- am'
ber; the Superior Courts of the county of Franklin, shall be held In Franilin
on the first Mondays in April and October; and the Superior Courts
of the county of Banks, shall be held on Thursday after the first and Bants.
Monday in April and October; and that all writs and processes pend- Writs, pro-
ing therein, or returnable to any of said Courts, shall be held valid,
as if made returnable to the time of holding said Courts respective-
ly as fixed by this Act.
Sec. IV. Repeals conflicting laws.
Assented to December 17, 1861.
(No. 43.)
An Act to legalize the adjournment of the Superior Courts in the counties
of Habersham and Banks, and for other purposes.
Whereas, From providential causes the Superior Courts in the
counties of Habersham and Banks, were not held at the October pre,unW*-
Term of the present year, 1861:
56
PUBLIC LAWS.—Judiciaby.
Judges of the Superior Courts—Justices of the Inferior Courts and Ordinaries.
10. Section I. The General Assembly do enact, That the adjourn-
melTo?su- ment of said Superior Courts of the counties of Habersham and
in rHiibCT-u rts Ban ks, by the Clerks thereof, to the next April Term of said Courts,
Banksffsgai-be made legal and valid ; and that parties to suits in said Courts be
Parties to ap-authorized to enter their pleas and file their answers to suits in said
dingiy?c"r" Courts; and that said suits stand for trial at the next April term of
said courts, as though the Dockets of said Courts had been called
and pleas and answers filed at the regular Terms of said Courts, in
October last.
Sec. II. Repeals conflicting laws.
Assented to December 14, 1S61.
(No. 44.)
An Act to amend the Act approved 11 th December, 1858,* to compel the
Judges of the Superior Courts of each Circuit in the State, to hold ad-
jowned terms in every County within their Circuit where the business
requires, until the docket is cleared, and for other purposes.
hoiking ad- 1L Section I. Be it enacted, That the holding of adjourned
tertrnfof Su- t or ins of the Superior Courts, for the disposition of the business
S^ieW-upon its dockets, shall rest in the sound discretion of the presiding
discretion of
Judge. 0 O
12. Sec. II. Beit further enacted, That when an adjourned Court
Jui. f shall become necessary in the opinion of the presiding Judge, he
jourued shall, in the exercise of a sound dircretion, cause new Juries to be
drawn for the same, or order the Juries drawn for the regular term
to give their attendance at such adjourned term.
Sec. III. Repeals conflicting laws.
Assented to December 17th, 1861.
* Acts of 1858, p. 85.
(No. 45.)
An Act to authorize the Justices of the Inferior Courts and Ordinaries of
the several Counties, to appoint some ft and proper person to open and
adjourn said Courts in the absence of an officer to do so.
13. Section I. Be it enacted, That from, and immediately after
Adjoum- the passage of this Act, it shall be lawful for the Justices of the
ferior courts Inferior Courts and Ordinaries of the several Counties, to appoint
ordinary!8 i°nsome ^ and proper person to open and adjourn said Courts in the
certain cases. abgenCe 0f" an officer tO do SO.
Sec. II. Repeals conflicting laws.
Assented to December 14, 1861.
Note.—For Acts relative to adjournment of Inferior Courts, see T. R. R. Cobb's new Di-
gest, p. 461; and see for adjournment of Courts of Ordinary, ibid. 284-5. There being no
provision in the Act of January 21, 1852, reorganizing the Court of Ordinary under the amen-
ded Constitution of that year, in relation to the mode of adjournment of the new Court, or by
whaf officer it should be adjourned, the old law obtained, which governed in that respect when
the Probate Court was held by the Justices of the Inferior Court, "sitting as a Court of Or-
dinary."
PUBLIC LAWS.—Judiciary.
57
Act to empower Justices of Inferior Courts to discharge criminals, &c. amended.—Claims of alien enemies.
ART. II.—ACTION, PROCEEDINGS, &c.
Sec. 1. Inferior Conrts may discharge crimi-
nals from jail, in certain cases.
" 2. Collection of sequestrated claims in this
State.
" 3. Costs in such cases.
" 4. Costs to be paid out of funds raised from
sequestrated claims.
" 5. Attachments on such claims.
Sec. 6. Suits against Insurance Companies.
" 7. Service how perfected.
" 8. Continuance of causes in the Courts
where parties are in military service.
" 9. Also where a material witness is in mil-
tary service and his testimony can-
not be had.
(No. 46.)
An Act to amend an act to authorize and empowei the Justices of the life-
rior Courts of this State, to discharge criminals or offenders against the
law, from Jail, in certain cases, and also to discharge Defendants in cer-
tain civil cases, approved December 29th, 1847.*
I. Section I. The General Assembly do enact, That the first sec-
tion of the above recited Act be so amended as to read as follows,
to-wit: That from and after the passage of this Act, when any
criminal or offender against the law of this State shall be confined Courts may
in any of the jails thereof, under a sentence of imprisonment for a criminals
definite period and until all costs and fines are paid, and the said certain cases,
criminal or offender, after the time of his imprisonment shall have
expired, shall be unable to pay [such ?] fines and costs, or either, it
shall and may be lawful for the Justices of the Inferior Court, in
their discretion, (the whole Court therein concurring) when such
criminal or offender against the law may be confined, to discharge
him from such confinement.
Assented to December 14,1861.
* For this Act see T. R. R. Cobb's new Digest, p. 863.
(No. 47.)
An Act to authorize the Receiver or Receivers appointed under tfie Se-
questration Act of the Confederate States, to bring suit on all claims of
Alien enemies, sequestrated in any of the Courts of this State, and to
maintain all suits which are now pending in any of the Courts, and for
other purposes.
2. Section I. Be it enacted, That from and after the passage of
this Act, the Receiver or Receivers appointed under and by virtue questrated
of the ^Sequestration Act passed by the Congress of the Confeder- bla™ou™htyin
ate States, be and they are hereby authorized to sue all sequestra- state Gourtt"
ted claims which are not in suit, and maintain and prosecute all ca-
ses which are now pending in any of the Courts, and to proceed to
collect all judgments, fi fas issued from any of the said Courts in
favor of said Alien enemies, that have or shall hereafter be seques- juagments
trated, in the same manner as the original plaintiffs would have tedcS»tra~
been entitled to have done, provided they had not have become ^tyed^e co1"
Alien enemies; and in all such cases, the Receiver or Recievers
shall be made a party plaintiff, on motion before the Court, and
the name of the Alien enemies shall be stricken out and the name
58
PUBLIC LAWS.—Judiciaky.
Suits against Iusurance Companies,
of the Receiver or Receivers inserted, in all cases now pending,
and in all fi fas ; and that all suits shall be commenced by petition
on all sequestrated claims, in the name of the.receiver, for the use
of the Confederate States, according to the law of this State regu-
costs &c. lating actions at law or in equity, [and they?] shall be the same as
in all other cases in said Court; [and ?] the Court in which the
judgment may be rendered shall have discretionary power as to
taxing the costs, according to the equity of each case.
3. Sec. II. Be it further enacted, That in all cases where the said
ReceiveTfausReceiver or Receivers shall fail to recover judgments in any cause,
meltjudg" judgments may be signed against such Receiver in his official capa-
city ; but no personal liability shall attach to said Receiver, but
such cost accruing shall be paid out of the first money raised in
said Court out of the sequestration funds.
4. Sec. III. That all costs due to the officers of Court, on any
Costa to be of said sequestrated cases, shall be the first money paid out of the
Funds°u raLa sequestrated fund arising in said Court; And he it further enacted,
trated proper- That said Receiver or Receivers may prosecute such claims through
fTe'ceiYermayany attorney at law whom he may appoint or employ for such
sue by Attor-purp0se>
Sec. IV". Andteit further enacted, That said Receiver or Receiv-
ers, or any attorney at law, may sue out attachment in the name
onsauchment8 of the Receiver, for the use* of the Canfederate States, by making
6Uns' the affidavit as now required by the laws of this State in case of at-
tachment; and the proceedings shall be the same as in all other ca-
ses of attachment.
Sec. V. Repeals conflicting laws.
Assented to December 16, 1861.
(No. 48.)
An Act to define and. fix the manner in which suits may he instituted
against Insurance Companies in this State, and to prescribe the manner
in which service shall be effected upon them.
6. Section I. The General Assembly do enact, That whenever
any person may have any claim or demand upon any Insurance
Company having agencies, or more than one place of doing busi-
f^9ra^inBtness, it shall be lawful for such person or persons, to institute suit
companies, against said Insurance Company, within the county where the prin-
cipal office of such Company is located, or in any county where
such Insurance Company may have an agency, or place of doing
business, [which] was located at the time the cause of action ac-
crued, or the contract was made out of which said cause of action
arose.
Sec. II. In all such suits, service shall be effected upon such In-
tob£pe^09 surance Company, by leaving a copy of the bill or writ, with the
fecw against agen£ 0f Company, if any ; if no agent should be in the coun-
ty, then at the agency or place of doing business, or where the
PUBLIC LAWS.—Judiciaey.
59
Continuances.—Open Accounts.
same was located at the time such cause of action accrued, or the
contract was made out of which the same arose.
Sec. III. Repeals conflicting laws.
Assented to Dec. 16, 1861.
(No. 49.)
An Act to authorize Continuances of Cases pending in the Superior and
Inferior Courts and City Courts of this State, during the War, in cer-
tain cases.
8. Sec. I. The General Assembly of the State of Georgia do enact,
That the Judges of the Superior and Inferior Courts and City rfct™
Courts of this State, are hereby authorized to grant a general con- the war when
tinuance, and from Term to Term, of all causes in behalf of Plain- the servic#.'
tiffs and Defendants when they are in the military service of the
Confederate States or of the State of Georgia, as also where the
Attorney of either Plaintiffs or Defendants is in the military service,
and who was employed as Counsel before entering said military ser-
vice.
9. Sec. II. And be it further enacted, That when it shall be made n
to appear that either party has a material witness absent, or who is material wit-
i, •i«i • i> -ii i ,i i nessiB in the
in the military service as aforesaid, who alone can prove the mate- service,^ and
rial facts in the case, and that it has not been in the power of the cannot'be
party to procure the testimony of said absent witness by interro-
gatories since the passing of this-Act, then, in such case, the Court,
being satisfied from the circumstances, that the showing for a con-
tinuance was not made for delay only, may enter the case continu-
ed generally.
Sec. III. Repeals conflicting laws.
Assented to December 14, 1861.
ART. III.—EVIDENCE.
Sec. 1. Proof of open accounts. I Sec. 2. Eules of evidence to be relaxed by
I Judges, in certain cases.
(No. 50.)
An Act to prescribe the proof in certain cases of open Accounts in the
several Courts of this State.
1. Sec. I. Be it enacted, That in all cases of suits on open ac-
counts in the several Courts of this State, where the writ or pro-
cess has been served personally as the law now directs, on the de-
fendant, and there is no defence made by the party sued, either in r™o0unuopca
person or attorney, at the time the case is submitted for trial,
the case shall be considered in default ; and the plaintiff or plain-
tiffs shall be permitted to take verdict, as if each and every item
has [been ?] proved by testimony.
Sec. II. Repeals conflicting laws.
Assented to December 13, 1861.
60
PUBLIC LAWS.—Judiciary.
Copy Wills, Deeds, &c.—Stay Law.
(No. 51.)
An Act to allow Secondary proof and Testimony in cases where Copy
Wills, Deeds, and other 'papers cannot he procured, and for other pur-
poses.
Whereas, In sonsequence of the Secession of the State of Geor-
gia from the late United States, and the impossibility of com muni-
cation with the States now composing said Government of the
United States, by reason of the existing war, it is not practicable
to procure certified copies of Wills, Deeds, Contracts, and other pa-
pers, under the rules of Law, nor the testimony of witnesses resid-
ing therein, by reason whereof much wrong and injury is likely to
hapen to citizens of this State,—for remedy whereof.
2. Section I. The General Assembly do enact, That in all suits or
other legal proceedings, whether at law or in equity, and whether
the same are now pending, or shall be hereafter instituted, it shall
iJwdruie8t0ofe" and may be lawful for the presiding Judge in the trial of all such
wrt£nCo'asin cases or proceedings, so to relax and change the rules of evidence,
as to him may seem best and most to promote the ends of Justice ;
and to admit and allow such proof and testimony as the nature of
each case may require.
Sec. II. All conflicting laws are hereby repealed.
Assented to December 16, 1861.
ART. IV.—JUDGMENTS AND EXECUTIONS.
Sec. 1. Stay law re-enacted. Sec. 4. Certain judgments and orders of Or-
" 2. Stay of executions on judgments ob- dinaries while in service legalized,
tained against soldiers while in ser- Proviso,
vice. _ "2. Effect of judgment of divorce.
" 3. Such judgments may be opened.
(No. 52.)
An Act to continue in force the kth Section of an act passed over the
Governor's veto on the 30 th day of November, I860,* entitled "An
Act to provide against the foifeiture of the several bank charters of
this State on account of non-specie payments for a given time, and for
other purposes, passed in the year 1857 ;f and to suspend the pains
and penalties imposed upon the several banks and their officers in this
State, for non-payment of specie, and other purposes," and also " An
Act to add a proviso to the 4:th Section of An Act entitled An Act
for the relief of the people and banks of this State, and for other
purposes, passed on the 30th of November, 1860 ; and to add an
additional Section to said Act," assented to 20th December, 1860.|
1. Section 1. Be it enacted, That the before recited part of An
stftyLawre_Act, anc^ also the before recited Act, be, and the same are here-
enacted. by re-enacted and continued in force until the first day of De-
cember, 1862.
Assented to November 30th, 1861.
*Acts of I860, p. 21, 22,23.
tActs of 1857, p. 26, 27, 28, 29.
JActs of 1860, p. 23.
See also notes of Act No. 6, to continue Bank suspension, Title Banks and Banking.
PUBLIC LAWS.—Judiciary.
61
Stay of execution on judgments against soldiers in service—Orders and Judgments of Ordinaries.
(No. 53.)
An Act for the Protection of Soldiers in the service, against judgments,
in certain cases.
2 Section I. The General Assembly of Georgia do enact gta of ^
as follows: That no judgment which has been obtained, orF°tion8
rt ^ l iidcinciits ob»
which may hereafter be obtained in any of the Courts of this State, tained against
ii» -t'-i-i n i . n . soldiers while
against any soldier, during his absence irom home m the service in service,
of this State or of the Confederate States, shall be enforced by
execution until three months shall have expired from such time of
such soldier's discharge from service.
3. Sec. II. That in all cases where any judgment has been or
may hereafter be obtained against any soldier whilst he is absent
from home in the service of the State or Confederate States as
aforesaid, such soldier shall have the right at any time within three
months after his discharge, to open such judgment, by making an°Pened-
affidavit that he was not personally served with process in the case
in which the judgment was obtained, and that he has a good and
subsisting defence against such judgment; which defence shall be
stated in the affidavit; and the issue thus made shall be tried as in
cases of illegality.
Sec. III. Repeals conflicting laws.
Assented to 14th December, 1861.
(No 54.)
An Act to legalize the Orders and Judgments of Ordinaries of this
State, where the same may be passed by them beyond the limits of the
same.
4. Section I. The General Assembly do enact, That all orders or
judgments heretofore passed or pronounced in granting leave to
sell land or other property of deceased persons, by the Ordinary certain jUdg-
of any county while he is absent in the service of the State or der^ rendered
Confederate States, where all the legal notices required by law while
have been, or may be given of such intended application, and allSedllegal"
legal requirements have been, or may be complied with, and
where no objections have been, or shall be filed, shall be deemed,
held aiid taken, as binding and effectual to all intents and pur-
pokes; as if the same were pronounced in open Court by the Or-
dinary at the proper time. Provided, nevertheless, that any person
who may have an interest in the property ordered to be sold, his
agent, attorney or next friend, shall have the right to enter a caveat
against the sale of said property, at any time before the sale there-
of; which caveat shall suspend such judgment or order, until all Proviso,
the parties can be heard before the Ordinary in the county, in the
regular mode of such proceeding; and any person aggrieved by
said order, may attack it for fraud, in any Court where it may be
sought to be used for the protection of the party procuring the
same.
Assented to December 13,1861.
62
PUBLIC LAWS.—Judiciary.
Divorce.—Statutes cf Limitations.
(No. 55.)
An Act to relieve certain persons from the pains and disabilities of a
judgment of Divorce.
A person a-
aajadgm"ntof 5. Section I. The Gcueral Assembly of Georgia do hereby enact,
wTendered That all persons who have had a judgment Divorce rendered against
Sarria°getract them, shall have the right and privilege of contracting marriage
XT™ froma again, after the lapse of one year from the time of the rendering
judgm°entuoh of the final judgment in the Divorce case.
Sec. II. Repeals conflicting laws.
Assented to December 12th, 1861.
Note.—The third Section of the act of 5thDec. 1860, was in these words, viz.- ' ' In all
cases where the verdict shall be for an absolute divorce, the party whose improper or criminal
conduct shall authorize such divorce, shall not be permitted to marry again during the life of
the other party, and in case of such second marriage, the party so offending shall be subject
to the pains and penalties enacted against bigamy. Provided always, that where the mar-
riage is declared void for such causes existing before such intermarriage as are recognized by
the Ecclesiastical Courts, the said parties may marry again, any thing herein contained to the
contrary notwithstanding." See T. R. R. Cobb's New Digest, p. 225.
ART. V.—STATUTES OP LIMITATIONS.
Sec. 1. Statutes of limitations suspended. iSec. 2. Shall commence to run again when
[ peace shall be declared.
(No. 56.)
An Act to suspend the Statutes of Limitation, and for other purposes.
1. Section I. The General Assembly of the State of Georgia do
fimitaumf enact, That from and after the passage of this Act, the Statutes of
,upended, imitation now in force, be and the same are hereby suspended
during the present war.
shah com- 2. Sec. II. Be it, further enacted, That in all cases where the
mence to run gtatute 0f limitation has commenced to run, the same shall be sus-
jig&in when u
liTredis de"pended until peace is declared by the Proclamation of the Presi-
dent of the Confederate States; at which time it shall commence,
computing the time it had already run at the time of the passage
of this Act, in favor of any person or persons, or corporation rely-
ing on the same.
Sec. III. Repeals conflicting laws.
Assented to December 14, 1861.
Note,—The Statutes relating to limitation of actions are too numerous to be referred to
separately in a note. See, generally, T. R. R. Cobb's New Digest, Title "Limitation of Ac-
tionsfrom page 559 to 570. See also Acts of 1851 '52, p. 238 to 240: Acts of 1855 '56, p.
233; Acts of 1859, p. 50.
PUBLIC LAWS.—Judiciary.
63
Justices Courts.
III. COURTS OF SPECIAL JURISDICTION.
Art. I. City Courts.
[For Act authorizing the City Council of Augusta to fix the salary of the Judge of the
City Court of said City, see Act No. 87, Title " Cities and Towns," Private and Local Laws.]
Art. II. Justices Courts.
Sec. 1. Cases of trespass upon personal prop-lSec. 2. When J. P. dies before answering a
erty may be tried in Justices Courts.! certiorari pending, Judge to order a
I new trial in the Court below.
(No. 57.)
An Act to give to the several Justices Courts of this State, jurisdiction in
cases sounding in damages* in certain cases.
1. Section 1. Be it enacted, That the Justices Courts of this
State, shall have power to try all cases of trespass upon personal Cages oftre8.
property, where the amount claimed does not exceed the juris-f^9a"^°°Peer:
diction of the Court, and give judgment for plaintiffs for theg.f™aLbju8.
amount of damages that may be proven, under the same rules andtices Courts-
regulations in such cases, as in the Superior Courts. Provided,
That either party being dissatisfied with, the judgment of the
Court, shall have the right of an appeal to a jury; and the same
shall be tried as other appeals in said Court.
Sec. II. Repeals conflicting laws.
Assented to December 9, 1861.
*By act of 1799, it was declared that " no Justice of the Peace shall sustain or try any sat-
isfaclion in damages for any trespass on the person or property of such plaintiff." T. r. r.
Cobb's New Digest, p. 638.
(No. 58.)
An Act to amend the Certiorari laws of this State.
2. Section I. The General Assembly of the State of Georgia do
enact, That in all cases now pending, or which may be hereafter When the j
pending in the'Superior Courts of this State, upon certiorari, from
any Justices Court, and the Justice or Justices before whom theCertj?raJ
• *i _ pending,
case was tried, may have died before answering the writ of certio-Judseto°r7,
• Til • 1111 11 1 /> l • T T 1 "er DeW tlla*
ran served, then it shall be the duty of the presiding Judge, in Court be-
forthwith, to order a new trial to be had upon the case in the
Court below.
Sec. II. All laws conflicting are hereby repealed.
Assented to December 11, 1861.
Supreme Court Decision. Where the Justices of the Inferior Court issue execution
against the County Treasurer and his sureties, improperly, Certiorari is not the remedy—
such Justices not being a Court. 29 Ga. Repts, 155.
64
PUBLIC LAWS.—Military.
Military Laws.—Public Defence.
TITLE XVI.
MILITARY.
Sec. 1. Pay of troops in State service. No. of
troops in Company. Chaplains.
" 2. Chaplain, how appointed.—his pay, &c.
" 3. Persons heretofore serving as Chaplains
to be paid.
" 4. $350,000 appropriated for manufacture
and purchase of arms.
Sec. 5. Governor to buy machinery, &c., and
put in operation in Penitentiary for the
manufacture of arms.
" 6. Governor may purchase arms and artil-
lery.
" 7. Inspection of arms.
(No. 59.)
An Act to amend the Military Laws of this State.
1. Section I. The General Assembly of the State of Georgia do en-
act as follows, to-wit: That all troops, of every character, now in
to trance of" seryice °f Georgia, or that may hereafter be called into the ser-
troop^mce vice, shall receive the same pay and allowance as that allowed to
Ho. in a Com- the Confederate troops; and each Company hereafter called into
paay * Oii&p-" ■*- a v
fains.' service, shall have the same number,* rank and file, as that requir-
ed by the laws of Congress and the Army Regulations of the Con-
federate States ; and Chaplain and Surgeon maybe appointed, with
the same rank and pay as those in the Confederate Army.
Assented to December 14, 1861.
* By the third Section of Act of 18th December, I860, a Company of Infantry must have no
less than fifty nor more than eighty rank and file-, and by the fifth Section of the same Act, a
Company of Cavalry could not have less than thirty-five men, rank and file, nor more than
sixty; and by the sixth Section, a Company of Artillery could not have less than sixty-four not
more than eighty men. See Acts of i860, p. 50.
(No. 60.)
An Act to amend An Act entitled An Act to provide far the Public De
fence, and for other purposes, assented to December the 18 th, 1860.
2. Section I. The General Assembly do enact, That to each regi-
Chaplains, ment organized under the provisions of the above entitled Act,
ed. PP there shall be a Chaplain, to be appointed by the Governor, upon
the recommendation of a majority of the commissioned officers of
the regiment, whose pay and rations shall be the same as those al-
lowed by the Congress of the Confederate States to Chaplains of
the Confederate Army, and who shall be provided by the regimen-
tal Quartermaster with a separate tent for his use as Chaplain.
3. Sec. II. The General Assembly do further enact, That such per-
teforeTemngSons as have been serving in the capacity of Chaplain in any of the
to bepiiia"' military forces of this State, with the approbation of the command-
ing officer, shall be entitled to the foregoing pay and emolument,
from the date of the commencement of their services.
Assented to December 16,1861.
Note.—Heretofore our Statutes made no provision for Chaplains in the Army.
PUBLIC LAWS.—Military.
6£
Manufacture and purchase of Arms for the public defence.
(No. 61.)
An Aci to provide for the manvfacture and purchase of arms for the pub-
lie defence, and to {appropriate money for the same.
4. Section I. Be it enacted by the General Assembly, That the sum $350 000 ap.
of three hundred and fifty thousand dollars be, and the same is propmtedfbr
J > manufacture
hereby appropriated ond set apart out of any money m the Treas- a£d pafhasc
ury not otherwise appropriated, as a fund for the manufacture and
purchase of^rms for the public defence; and should there at any
time be a deficiency of money in the Treasury, not otherwise ap-
propriated, necessary to meet in whole, or in part, as it may be Gov. may is-
needed, the said appropriation, then His Excellency the Governor bonds to raise
shall be, and he is hereby authorized and empowered to issue and or may issue
negotiate bonds of the State, in sums of five hundred dollars each 9 ry Notes in
payable twenty years from date, bearing eight per cent interest pay-then stead'
able semi-annually with coupons attached, in such amount as may
be needed from time to time, to supply such deficiency; which
bonds may be redeemed at the option of the State, at any time,,
after the expiration of five years from the time they are issued;
Provided, That in lieu of the bonds provided for herein, the Gov-
ernor, in his discretion, may issue a part of said amount in Treasury
notes of this State.
5. Sec.II. Be it further enacted, That His Excellency the Gov-
ernor be, and he is hereby authorized and empowered to procure-aov. to boy
and purchase all the machinery, tools, implements, and materials
necessary to be used in the manufacture of arms, such as muskets, IS PeSteX-
rifles, and bayonets, and to pay for the same out of the appropria-S.tudn™aiul~
tion herein made; and to direct said machinery to be put in opera-arms
tion in the Penitentiary of this State ; and to employ such of the
convicts therein confined, as may be needed, in the manufacture of
the arms aforesaid, under the direction of an Armorer and Superin-
tendent, to be appointed by the Governor, together with as many
master workmen, as may be necessary to conduct said Work, at
such salaries as the Governor in his discretion may deem proper;
and His Excellency the Governor is hereby empowered to put such
machinery in operation at such other place or places, as he in his
discretion may think proper.
6. Sec. III. Be it further enacted, That His Excellency the Gov-
ernor be, and he is hereby authorized to use, from time to time,
such part of said appropriation as may be necessary to pay for such pU°^h™ay
arms above specified, as he in his discretion may purchase, and for™aTand aI"
the purchase of such artillery as may at any time be needed for the
public defence, together with all accoutrements and munitions of
war necessary to accompany the same, and as far as practicable, to
have said arms and artillery thoroughly tested and inspected before
a purchase is made.
7. Sec. IV. Be it further enacted, That His Excellency the Gov-
ernor be, and he is hereby authorized to employ one or more com-
5
66
PUBLIC LAWS.—Monopolies.
Monopolies, Extortions and Speculation in Breadstuffs.
petent officers to test and inspect such arms as he, in his discretion,
in^peetwn °fmay. pUrchase, so far as it may be practicable to have them tested
and inspected ; and to pay such officers out of the fund hereby ap-
propriated, such compensation as he, in his discretion, may deem
proper.
Assented to December 12, 1861.
TITLE XVII.
MONOPOLIES.
Sec. I. Buying certain articles pretending false-
ly to purchase for Government, made
penal. Imprisonment in Penitentiary.
Onus of proving agency on defendant.
" 2, Monopolizing certain articles made pe-
nal. Penalty, fine not over $5,000.
" 3. Demanding exorbitant prices for sucli
articles, deemed extortion. Penalty,
fine or imprisonment, or both.
" 4. Duties of juries in all trials under said
3d Section.
Sec. 5. Provision m case a Corporation violates
the foregoing Sections of this Act.
" 6. In relation to such articles purchased
outside of Georgia.
" 7. Judges Superior Courts to give this Act
in special charge to Grand Juries.
" 8. Indictments under this Act.
9. Act to take effect 15th December, 1861;
and continue in force 12 months, or till
end of war.
(No. 62.)
An Act to prevent, during the existing War, Monopolies, Extortions and
Speculation in Breadstvffs and other articles of general use and con-
sumption, and to make such acts criminal, and to provide penalties for
the same.
1. Section I. Be it enacted by the General Assembly, That if any
person shall purchase any articles of clothing, shoes, leather, cloth
tehfarttoks any kind, provisions, wheat, flour, corn, corn meal, meat, bacon,
LTseeiydtoI1|ur-Logs, cattle, salt, bagging, rope and twine, or any or either of the
®^ent^?v" aforesaid articles, or any other article or thing, and shall falsely
ernment or
soldiers,
made penal.
represent that he or they is or are purchasing such article or arti-
cles for the soldiers or Government, or Army of this State, or of the
Confederate States, or of any of the Confederate States, or for any
Army or troops friendly to the Confederate States, or shall,
by any fraudulent contrivance, induce, or attempt to induce the
vendor to believe that he or they is, or are, purchasing such article
or articles for the Army or Government of this State, or the Con-
federate States, or of any of the Confederate States, such person so
Penalty, im- offending, shall be guilty of a felony; and upon conviction thereof
IeniteatiMyn^n fhe county where the purchase may be made, shall be punished
by imprisonment and hard labor in the Penitentiary, not less than
onus of Pro-one year> nor longer than three years; and upon all trials for such
,an defendant, offence, after proof of the representation shall be made, the onus of
proving "the agency shall rest upon the defendant.
PUBLIC LAWS.—Monopolies.
67
Monopolies, Extortions and Speculation in Breadstuff's.
2. Sec. II. Be it further enacted, That all and every person or per-
sons who shall monopolize any of the articles above mentioned, ^°na°p°^s
with intent to produce a scarcity of such article or articles in lhe^enflaIma^n_
market, or of raising the price or prices of such articles, or either^ |n5e0o0ot
of them, or if any person or persons shall purchase, procure, or re-
ceive any of the articles specified in the preceding section, and hold
the same for the purpose of engrossing the market and raising the
price of such article or articles, such person or persons so offending,
shall be guilty pf a misdemeanor; and upon conviction thereof,
shall be fined in a sum not less than five hundred dollars, nor ex-
ceeding five thousand dollars.
3. Sec. III. Be it further enacted, That any person or persons
who shall exact, demand, or receive exorbitant, unjust, orunreas- exorbitant
onable prices for any of the articles enumerated in the foregoing such article^
sections of this Act, shall be guilty of the crime of extortion; and tortion. Peri-
upon conviction thereof, shall be punished by fine or imprisonment, fmpiSn-01
or both, in the discretion of the Court; the fine not to exceed onement>orbotl1-
thousand dollars, and the imprisonment not to exceed six months.
4. Sec. IV. Be it further enacted, That in all trials for a violation Duties and
of the third section of this Act, the Jury may take into considera-^?™^^;
tion the cost of producing the articles, with expenses of transpor-sa^du^rgec.
tation to market, if the defendant be a manufucturer or producertion-
thereof; and the original price paid therefor, with cost of transpor-
tation, if the defendant be a merchant or trader.
5. Sec. Y. Be it further enacted, That if any or either of the of-
fences specified and described in the foregoing sections, shall be case a Corpor-
committed by a Corporation through its agents, the President and tile act."
Directors of such Corporation, as also the agent so offering the ar-
ticle for sale, shall be liable to be severally indicted for such of-
fence; and upon conviction, shall be punished as is herein before
prescribed.
6. Sec. VI. And he it further enacted, That any of the above arti-
cW may be purchased without the limits of this State, and im- such articles
ported into this State for sale, and at a price not exceeding the cur- ofthKtte"'
rent prices in the neighborhood where the same may be offered for
sale.
7. Sec. VII. Be it fwither enacted, That it shall be the duty of^^su-
the Judges of the Superior Courts of this State, at the opening of£t^pg££ial
-each session of their respective Courts, to give the provisions of thisg1*^
Act in special charge to the Grand Jury. ries-
8. Sec. VIII. Be it further enacted, That in all indictments under
this Act, it shall only be necessary to state the offence generallyact-
and substantially, in the words of this Act.
9. Sec. IX. Be it further enacted, That this Act shall take effect
and go into operation from and after the 15th day of this present
month,* and shall continue in force for twelve months, or until the^a^o?
end of the present war. of
Assented to December 14, 1861.
* 15th December, 1861.
68
PUBLIC LAWS.—Penal Code.
Additional Section added to the Tenth and Thirteenth Divisions of the Penal Code.
TITLE XVIII.
PENAL CODE.
Sec. I. Another Section added to the 10 h Di-
vision of the Penal Code—A white
"""oman cohabiting with a negro or free
person of color, commits adultery—tri-
al and punishment.
" 2. Another Section added to the 13th Di-
vision of Penal Code. Slave or free
person of color wilfully damaging, &c.
R. Ii. property shall be punished with
death.
Sec. 3. A 12th Section added to the 5th Divis-
ion of the Penal Code. Slave or free
Eerson of color wilfully burning R. R.
ridge, to be punished with death.
" 4. Act of 22d February, 1S50, amended—
Solicitors General rtceiving fees or
cost in certain cases declared a mis-
demeanor—punishment.
" 5. Trading with the enemy during the war,
a felony—punishment.
(No. 63.)
An Act to add an additional Section to the Tenth and Thirteenth Di-
visions of the Penal Code of this State.
1. Section I. Be it, enacted, That from and after the passage of
this Act, the following Section shall be added to the tenth division
of the Penal Code now of force, and shall be part thereof:
Adultery for Any white woman within the limits of this State, who shall live
in an to co- or cohabit with any negro slave ox free person of color, shall be guilty
slave or free of adultery or fornication, as the case may be, and be indicted for
person of coi-same ; and on conviction, shall be fined or imprisoned in the
mshment; common jail of the county, or both, at the discretion of the Court;
and said slave or free person of color so found living or cohabiting
punishment with any white woman in this State, shall be imprisoned for one
of elave or J „ . 1 ' , • i i
coiofrson ofweek, in the county jail, and receive, during said week, thirty-nine
lashes on his bare back, on three several days during said week;
and the owner of said slave shall pay the expenses of said impris-
onment and correction of said slave ; and if a free person of color,
his Guardian shall pay all of said expenses and costs.
2. Sec. II. Be it further enacted, That from and after the passage
of this Act, the following shall be added as an additional Section of
the thirteenth division of the Penal Code, to-wit:
That if any slave, or free person of color, shall wilfully destroy,
or in any manner hurt, damage, injure, or obstruct, or shall aid and
assist in any way whatever, to hurt, damage, injure, or obsuct, any
siave or freeKailroad bridge in this State, or any branch thereof, or any bridge
orh°iuringco1" connected therewith, or any vehicle, edifice, car, carriage, or en-
property', giue, of any of said Railroads; or shall, without the consent of the
witudlath. Company, move, or interfere or meddle with any gate, switch,
sidling, or other appurtenance to any such Railroad, such slave or
tree person of color so offending, shall and may be indicted ; and on
conviction, shall be punished by death.
Assented to December 16, 1861.
PUBLIC LAWS.—Penal Code.
69
Rail Road Bridges.—Criminal Prosecutions.
(No. 64.)
An Act to add an additional Section to the Penal Code of Georgia.
3. Section I. The General Assembly of Georgia do enact as follows:
That the following shall be, and is hereby added as a twelfth Sec-
tion of the fifth Division of the Penal Code of this State :
The wilful or malicious burning, or attempting to burn any Rail-^venGfr free
road Bridge within this State, (orherwise than under the order of^rVLm
the Governor, or some military officer of this State or of the Con-R- R- Mdge-
federate States, during the continuance of the existing war,) shall Punishment
be deemed and adjudged Arson ; and shall be punished with death.death'
Assented to December 16, 1861.
(No. 65.)
An Act to amend An Act entitled An Act to authorize the settlement of
criminal prosecutions in certain cases, and to regulate more particular-
ly the duties of the Attorney and Solicitors General, and fix their lia-
bilities, approved February 22d, 1850.*
Whereas, By the fourth Section of the above recited Act, the
Attorney and Solicitors General are prohibited from demanding or
receiving any fee, or cost, on any criminal case which has not been
tried by a Petit Jury, except such as are provided for in the first
Section of said Act, whereby the Attorney and Solicitors General,,
' *? Preamble.
are deprived of the cost in all cases settled under the third Section
of said Act, as well as in all cases finally disposed of without going
before a Petit Jury, by the defendants placing a demand for trial
upon the minutes, or otherwise, for remedy whereof,
4. Section I. Be it enacted, That the fourth Section of the above A misde.
recited Act, be so amended as to read as follows : Any Attorney g^StorGen-
or Solicitor General, who shall demand or receive any fee, or costs, ceiveVfee
on any criminal case which has not been tried by a Petit Jury, or^^ses.
otherwise finally disposed of, shall be guilty of a misdemeanor; and
on conviction shall be punished by a fine or imprisonment, at the
discretion of the Court.
Assented to December 16, 1861.
* For this Act, see T. R. R. Cobb's New Digest, p. 456.
(No. 66.)
An Act to prevent Trading with the Enemy in time of War, within this
State, or a Port of any other State.
5. Section I. Be it enacted, That from and after the passage of
this Act, it shall be unlawful for any person to send or carry, to Trading with
sell, or offer for sale, in any port, city, town, or other place, within during the
this State, whilst the same is in possession, or under the control ofwar'atelony'
the enemy of the Confederate States, or the State of Georgia, any
70
PUBLIC LAWS.—Salaries.
Salaries and compensation of certain officers.
cotton, grain, provisions, or other article of trade, and merchandize
of any kind, or shall send, or cause to be sent out of this State, with
the intention of carrying, or sending to sell, or offer for sale, any
such articles at any such ports or place. And any person who
shall, directly or indirectly, violate the provisions of this Act, shall
Punishment. ke (]eeme(j guilty of a felony; and on conviction thereof, shall be
punished by imprisonment in the Penitentiary, for a term of not
less than two years, nor longer than ten years.
Assented to December 16, 1861.
TITLE XIX.
SALARIES.
Sec. 1. Of Governor. Judges of Supreme
Court. Reporter o. Supreme Court
decisions. Secretary of State and
Surveyor Gen. Comptroller Gen-
eral. State Treasurer. Governor's
Secretaries.
Sec. 2. Salaries may be drawn quarterly..
(No. 67.)
An Act to fix the Salaries and Compensation of certain Officers mention-
ed therem, and for other purposes.
Section I. The General Assembly do enact as follows: That
from and after the passage of this Act, the salaries and compensa-
tion of the officers hereinafter named shall be as follows, to-wit :
The Governor of this State shall have and receive for his services
GoyeLor as such, the sum of three thousand dollars per annum, and no
$3,00000, more. The Judges of the Supreme Court of this State, shall each
?/supdrlme Lave and receive for their services as such, the sum of two thaus-
court $2,oooan(j <j0pars per annum, and no more. The Reporter of the Su-
rf&rTeme1 preme Court of this State, shall receive the sum of eight hundred
Sonrst$8M dollars, per annum, for his salary, instead of one thousand dollars
or juage8 of ^ now allowed bylaw. The Judges of the Superior Courts of
courts°$i,- fLis State, shall each have and receive the sum of fifteen hundred
Of Secretary dollars, per annum, for their services. The Secretary of State
Surveyor^ shall receive the sum of sixteen hundred dollars, per annum, for his
wd,a$iTooservices, as such, and for the discharge of the duties of Surveyor
of comp- General, and no more. The Comptroller General shall receive for
moo.'*2'' his services the sum of two thousand dollars, per annum, and no
Treasurer more. The State Treasurer shall receive as full compensation for
$1,60000 kjg services, as such, the sum of sixteen hundred dollars, per an-
I
PUBLIC LAWS—Slaves and Free Persons of Color. 71
Slaves and Free persons of Color may return from the Army into Georgia.
num. The Secretaries of the Governor shall each receive the sum fe0™™rie'ss
of twelve hundred dollars per annum, and no more.* ooch $1;200
Sec. II. That the compensation of the different officers herein
before provided for, shall be payable quarter yearly, by Execu-quar"
tive warrant, as now provided by law.
Sec. III. Repeals conflicting laws.
Passed in the House of Representatives by a Constitutional Ma-
jority over the Executive veto, of two-thirds, by a vote of years
109, nays 37, 28th day of November, 1861.
WARREN AKIN,
Speaker of the House of Representatives.
L. Carrington,
Clerk House of Representatives.
Passed in the Senate over the Executive veto, by a Constitution-
al Majority of two-thirds, by a vote, of yeas 31, nays 10, Novem-
ber 28th, 1861.
JOHN BILLUPS,
President of the Senate.
James M. Mobley,
Secretary of the Senate.
* Priorto the passage of this Act, the salary of the Governor was $4,000 ; of a Judge of the
Supreme Court $3,500 ; of a Judge of the Superior Courts $2,500 ; of the Reporter of the de-
cisions of the Supreme Court $1,000 ; of the Secretary of State $1,600 ; of the Stale Treasurer
$1 ,600; of the Comptroller General $1,600 ; of the Surveyor General (whose office is now con-
solidated with the office of Secretary of State,) $1,600. Heretofore the Secretaries of the Ex-
ecutiveDepartment had no fixed salaries, but their pay was appropriated annually, which,
for severaryears past, had been $1,250 per annum.
Under the operations of this Act, two of the three Judges of the Supreme Court will contin-
ue to receive till the expiration of their present terms of office, each $3,500 per annum, while
the other one, elected at the present session since the passage of the above Act, will i eceive as
his salary only $2,000 per annum. In the same way, twelve of the Judges of the Superior
Courts'who were fn office when the Act was passed, will each receive $2,500 per annum, till
the end of their respective terms, while the four who were appointed since the passage of
the act, will each receive only $1,500 per annum.
TITLE XX.
SLAVES AND FREE PERSONS OF COLOR.
See. 1. Slaves and free persons of color may return from the Army to Georgia.
(No. 68.)
An Act to allow all Slaves and Free Persons of Color, who may leave this
State in the service of any person in, or connected with the Military
Service, to return to the State of Georgia.
Sec'tiqn I. The General Assembly of the State of Georgia do enact,
That all slaves and free persons of color, who may leave this State free persons-
in the service of any person, in or connected with the military service , retVirn froirJ
may return to the State of Georgia, and shall not be held liable to GeorlXy mt<>
72
PUBLIC LAWS—State Officers.
Secretary of State and Surveyor General.
the pains or penalties of any law now existing prohibiting their
leaving or returning to Georgia.*
Sec. II. All conflicting laws are hereby repealed.
Assented to December 11, 1861.
* The first Sec. of the Act of Dec. 17, 1859, provided that from and after the passage of that
Act "it shall not be lawful for any free person or persons of color, commonly known as free ne-
g^oes, now residing, or who shall reside after the passage of this act in any State of this Confed-
eracy, or foreign country, to come, or be brought into this State ; and any and all free person
or persons of color who shall come or be brought into this State, after the passage of this act, in
violation thereof, shall, on conviction of said violation, be sold as a slave or slaves, by the
Sheriff of the county in which said conviction shall be made." Acts of 1859, p. 68.
TITLE XXI.
STATE OFFICERS.
Sec. 1. Offices of Secretary of State and Sur-
veyor Gen. consolidated.
" 2. Duties and powers of Sec'y of State as
to office of Surveyor Gen.
Sec. 3, Secretary of State must reside at the
Capitol.
(No. 69.)
An Act to Consolidate the OJJices of Secretary of State and Surveyor
General ; and to require all the duties of said offices to be 'performed
by the Secretary of State, and for other purposes.
Section I. Be it it enacted by the General Assembly, That from and
se®retaryfof after the passage of this act, the offices of Secretary of State and
lurvevor Surveyor General of this State, shall be, and are hereby declared
Genemi eon-to be consolidated ; and in addition to the duties heretofore de-
aohdated. 7
volvedby law on the office of Secretary of State, incumbent there-
of, shall perform all and singular the duties of the office of Sur-
veyor General, retaining his official designation as Secretary of
State.
Sec. II. Be it further enacted, That the Secretary of State shall
Duties and be the legal and proper custodian of all Records, Mamps, and oth-
ISetary of er Papers of file connected with the office of Surveyor General,
offi^of sur- and responsible for the safe keeping of the same. His testimony
veyor Gen- touching the same, taken in pursuance of Law, shall be entitled
to full faith and credit in all the Courts of law and equity in this
State, as legal custodian aforesaid ; and his official signature to any
plat or duplicate, certificate, or other paper heretofore issuing from
the office of Surveyor General, and necessary to be signed by said
Surveyor, shall entitle said paper to the same credit and validity
as if said offices had not been consolidated.
■secretary of Sec. III. Be it, further enacted, That the Secretary of State shall,
state must re-for the term of his service, be a resident at the Capitol of the
side at Capi- L
State.
Sec. IV. Repeals conflicting laws.
Assented to November 22,1861.
PUBLIC LAWS.—State Lunatic Asylum.
73
Money appropriated for State Lunatic Asylum.
TITLE XXII.
STATE LUNATIC ASYLUM,
Sec. 1. Salary for Supt. for 1862 $2,400.
" 2. $12,000, appropriated for salaries of
Trustees, Treasurer, &c., for 1862.
" 3. $20,000 for support of pauper patients
for 1862.
Sec. 4. How the mohey to be drawn.
" 5. Tax for 1862 to be assessed with ref-
ference to said appropriations.
" 6. Appropriation of $6,762 54 to pay ar-
rearages of 1861.
(No. 70.)
An Act to appropriate money for the support of the State Lunatic Asy-
lum for the year 1862, arid for other purposes.
1. Section I. Be it enacted by the General Assembly, That the
sum of twenty-four hundred dollars be, and the same is hereby Saiary of
appropriated to pay the salary of the Superintendent and resident dent "llW
Physician of the State Lunatic Asylum for the year 1862.
2. Sec. II. Be it further enacted, That the sum of twelve thous-
and dollars be, and the same is hereby appropriated, to pay the Trustee^
salaries of Trustees, Treasurer, sub-officers, attendants, and hire treasurer,
of servants, for the said Asylum for the year 1862 ; provided such
an amount is found necessary for said purposes.
3. Sec. III. Be it further enacted, That the sum of twenty
thousand dollars, or so much thereof as may be necessary, is here- Support of
by appropriated for the support oY pauper Patients, in said Asy- aS.1 pa~
lum for the year 1862.
4. Sec. IV. Be it further enacted, That the money herein appro-
priated shall be drawn by Executive Warrant on the Treasury, in f
the same manner as heretofore practiced; provided however, Thattobe drawn-
the amounts appropriated in sections third and fourth of this Act,
shall be drawn and used, subject to the conditions, restrictions and
regulations, prescribed in the fourth section of "An Act to provide
for raising a revenue for the political year 1861, and to appropriate
money for the support of Government during said year, and to
make certain special appropriations, and for other purposes,'.' assent-
ed to December 19th, I860,* so far as said fourth section contains
provisions applicable to similar items of appropriations as are con-
tained in the second and third sections of this act.
5. Sec. V. And be it further enacted, That the Governor and
Comptroller General [shall?], in applying the rate per centum ofwmoK,.
taxation to support the Government far the political year 1862, so reference to
increase the rate per centum thereof, as will be necessary to pay p nation,,
the foregoing items of appropriation and other appropriations
which may be made by this General Assembly for said Asylum.
Sec. VI. Repeals conflicting laws.
Assented to Dec. 14, 1861.
*See Acts of 1860, p. 13 6c 14.
74
PUBLIC LAWS.—State Printer.
State Lunatic Asylum.—Duties and compensation of State Printer.
(No. 71.)
An Act to appropriate money to pay certain debts contracted on the credit
of the State, for the State Lunatic Asylum during the year 1861.
Whereas, The political troubles of the country have raised the
prices of all articles of prime necessity, to an unusual degree;
Preamble. and whereas, the last annual appropriation for the State Lunatic
Asylum, was based on usual prices, thereby compelling the authori-
ties of said institution to purchase many articles on the credit of
the State, which remain unpaid for to an amount hereinafter speci-
fled:
6. Section I. The General Assembly do enact, That the sum of
proprfatedatisix thousand seven hundred and sixty-two dollars and fifty-four
ofyi86i!essors cents be, and the same is hereby appropriated, to pay arrearages
due by the State Lunatic Asylum for the year 1861; to be drawn
by an Executive warrant on the Treasury, and disbursed by the
proper authorities of said Institution, as their Regulations may
prescribe.
Sec. II. Repeals conflicting laws.
Assented to Dec. 17, 1861.
TITLE XXIII
STATE PRINTER.
Sec. 1. Tenth Section of Act of 16th Feb'y
1854 amended.
" 2. Distribution of Acts and Journals.
Act not to apply to Acts and Journals
of present session.
Sec. 3. Advance of $3,000 made to State Prin-
ter.
(No. 72.)
An Act to alter and amend the tenth Section of an act entitled, " An
Act to amend the several acts of the General Assembly in regard to the
election of public printer, and more particularly to prescribe the du-
ties, liabilities and compensation of said officer, and for other purposes,"
approved February 16th, 1854.*
1. Section I. Beit enacted by the General Assembly of Georgia,
of^AcfofirThat from and after the passsage of this act, the tenth section of
amende^' the before recited act, be so altered and amended as to read, There
^OjCopiegQfshall be printed, until otherwise . altered by law, two thousand
of each 8 copies of each of the Journals of the Senate and of the House of
House and -1-
*See Acts of 1853 '54, p. 77 78. By this Act 4,000 copies of the Journals of each House,
and 5,000 copies of the Laws, were to be printed.
PUBLIC LAWS.—State Printer.
75
Appropriation for State Printer.
Representatives, and four thousand copies of the laws ; [of] the woo £°pieSof
latter to be bound by the printer according to the provisions 0
the act of 18524 "bound as
heretofore.
2. Sec. II. Be it further enacted, That ten copies of the Journals
of the Senate, and ten copies of the Journals of the House
Representatives, be sent to the Clerk of the Inferior Court of eachJournals-
county, to be kept by the said Clerks, in their offices, for the use
of any of the citizens of their respective counties; and further,
that one copy of each be sent to each member of the General
Assembly; and also that one copy of the acts be sent to each
Justice of the Inferior Court, to each Ordinary, to each Clerk of
the Inferior Court, and to each Clerk of the Superior Court, and
to each Sheriff in the State; and further, [that?] one copy of theproviso that
acts be sent to each member of the General Assembly : Provided, the act shall
That the provisions of this act shall be prospective, and shall not five, and not
interfere with the Laws and Journals of the present session ofwsana
.. r . , . - Journals of
the Legislature.^ present ses-
Sec. HI. Repeals conflicting laws.
Assented to December 17, 1861.
tit is presumed this 'of was not intended tobehere, but it is in both the enrolled Act and en-
grossed bill. Compiler.
JActs of 1851 '52. p. 253.
$Noti.— Query: Does not this proviso prohibit the sending to each member of the present
General Assembly a copy of the Laws and Journals of the present session, and to all the
county officers mentioned in the II Sec. of the Act? That it does according to its wording,
there oan be no doubt, but the intention undoubtedly was, that it should apply only to the
number of copies to be printed. Compiler.
(No. 73.)
An Act to authorize and require the Treasurer of the State to make an
advance to the State Printer.
3. Section I. Be it enacted by the General Assembly, That the ^vanLd°tobe
Bum of Three Thousand Dollars be, and is hereby appropriated,StatePrinterB
as an advance to Boughton, Nisbet & Barnes, on the State Print-
ing, for the year 1861; and that the Treasurer be, and is hereby
authorized to pay the same to said State Printers, on the warrant of
the Governor of this State.
Assented to Dec. 9th, 1861.
76
PUBLIC LAWS.—Tax.
Justices of Inferior Courts may levy a tax for soldiers, &c.
TITLE XXIV.
TAX.
Sec. I. Levy and collection of County taxes on
account of soldiers.
" 2. Collection of such taxes—certain coun-
ties exempt.
'* 3. Contracts, &c., heretofore made by Jus-
tices of the Inferior Courts legalized.
" 4. Liabilities of Tax Collectors collecting
such taxes.
" 5. Application of certain funds heretofore
6. Certain portion of such taxes may be
paid in produce.
7. Produce how delivered.
8- A Digest of all such tazes to be kept.
9. Basis of leving such tax.
10 County Treasurers to charge no commis-
sions on such taxes.
: 11. Defaulters.
; 12. Time of commissioning Tax Collectors.
Payment of Tax money into State
Treasury.
: 13. Confederate war tax assumed by State
114. State Bonds to be issued.
Sec. 15. Act of 2lst December, 1857, re-enacted
16. No costs to be collected on tax fifas,
unless made out of defendants.
17. $1,000,000 to be assessed for tax of 1862.
18. Pees on tax fi fas.
19. Insolvent lists.
20. Costs on tax fi fias.
21. Allowance of insolvent lists by Comp-
troller General.
22. Tax on Railroads.
23. Tax Collectors' commissions, how al-
lowed.
24. Preamble.
"25. Code modified—Act of 5th December,
1799, re-enacted.
26. Receipt of Comptroller General.
27. The words " Confederate States " to be
substituted in tax laws for the words
•' United States."
: 28. Time for Tax Collectors to make final
settlement, extended to 1st March,
1862.
(No. 74.)
An Act to authorize the Justices of the Inferior Courts of the several coun-
ties of this State, from time to time, in their discretion, to levy such extra
taxes as they may deem necessafy to equip Volunteer or other soldiers
from their respective counties, and to provide for the indigent families of
soldiers; to authorize the collection of the same, and to legalize their
previous action in the premises, and for other purposes.
1. Section I. The General Assembly of the State of Georgia do enact,
Courts of the several counties of
Levy and
county taxes fThat the Justices of the Inferior
soldiers. this State, are authorized, from time to time, to levy such extra
taxes as they may think necessary to equip such Volunteer or other
soldiers as have gone, or may go, from their respective counties,
and to provide the necessary support and maintenance for such in-
digent families of soldiers as may he resident in their respective
counties, and such indigent soldiers as may return home wounded
or disabled.
2. Sec. II. The said Justices may have all such taxes collected
Collection of either by the regular Tax Collectors of their respective counties, or
auch taxes, Slich other person or persons as they may think best; and may
take such bond, and fix such compensation as they may think pro-
certain per for the collection of the same. And be it further enacted, That
emptedsftomtfie counties of Monroe, Burke, Pickens, Wayne, Cherokee, Taylor,
2d%lctionsofFayette, Clinch, Dawson, Lumpkin, Echols, Upson, Spalding,
this act. Campbell, Forsyth, DeKalb, Macon, Wilkes, Warren, White, Ware,
Rabun, Chattooga, Decatur, Charlton, Berrien, Coffee, Paulding,
PUBLIC LAWS—TAX.
77
Justices of Inferior Courts may levy a tax for soldiers.
Bryan, Appling, Crawford, Fannin, Telfair, Emanuel, Clarke,
Banks, Schley, Worth, Muscogee, Wilcox, Butts, Mcintosh, Brooks,
Newton, Gilmer, Irwin, Montgomery, Laurens, Murray, Dooly,
Clayton, Pierce, Wilkinson, and Gwinnett, be excepted from the
operations of the first and second Sections of this Act; and that, in
said counties, during the present war, the Justices of the Inferior tax to b"1 as-8'
Courts of said counties, shall have the authority to assess, annually, commenda-
on the amount of the State tax of said counties, such tax as may jury? Grand
be recommended by a majority of the Grand Jurors of said counties
at the Spring Terms of the Superior Courts, for the purpose of
raising funds to equip soldiers for the service of the State and Con-
federate States, and to support such of their families as are indi-
gent, during their term of service, to be collected as other county
taxes in said counties ; and all taxes levied in said counties the pres-m'sucht™.
ent year for the same purposes, are hereby legalized and made val- year legalized,
id; and in the event there be no Court at the Spring Term in any If no Court
of the counties thus excepted, then, the Justices of the Inferior Term, Jus- °
Courts in said counties, shall proceed to assess such taxes as may beJw taf.assess
absolutely necessary for the purposes aforesaid; and that the coun-®°_s-
ties of Coweta, Tattnall, and Whitfield, be excepted from all the„™?j.?j?onf8r"f
provisions of this Act. act-
3. Sec. III. All taxes heretofore levied, or any contracts entered Certaill BCta
into, or money procured whether by bond or otherwise, or by salef/J^ehctf!-
of railroad or other stocks, by the Inferior Courts or the Justicesheretofore'ic-
thereof, or by other persons with the sanction of the Inferior Court, salized-
and all orders passed, or which may be passed by any of said Courts
equalizing said tax among the tax payers for the purpose aforesaid,
are hereby ratified and made legal, and the same authorized to be
collected under this Act.
4. Sec. IV. All Tax Collectors, or other person or persons who
shall be, or who have been appointed by the Justices of the Inferi-L.abiIit.eg o{
or Courts of any county in this State, to collect any tax which has£a* c°ue<>
been, or which may be levied under this Act, shall be liable to all
the remedies and liabilities to which Tax Collectors are now liable
bylaw, for any violation or failure of duty under this Act, or for
failing to pay over, on demand, any money or other thing which
may be collected by him or them under the same.
&. Seo. V. The Inferior Courts of the several counties are au-
thorized to use and apply any county funds, except Academy and of certain
Poor and Common School funds, in their respective counties, to the fore made,
purposes aforesaid ; but all "applications of any funds heretofore egaizu'
made in auy county, are hereby made legal and valid.
6. Seo. Vl. In any county where the Inferior Court may so or-
der, the amount of tax levied for the support and clothing of sol-certa™ part
diers' families, may be paid in such articles and in such proportions ^4"the paws
as may be necessary for the support of the families; the value ofm produoe-
which articles shall be fixed by such Assesssors as may be appoint-
ed by said Inferior Court, and in such manner as said Inferior
Courts may think best.
7* Sec. VII. That, in all cases where the taxes are paid under
78
PUBLIC LAWS.—TAX.
Time for payment of Taxes for 1861, extended.
Produce this Act, in produce, the same shall be delivered by the said tax
how delivered payer a£ such place or places as the said Inferior Courts may di-
rect.
8. Sec. VIII. The Inferior Court shall have kept a digest of the
taxes already raised and disbursed, or hereafter to be raised, and the
™cshtaxLatouse and disbursement of all funds raised, or hereafter to be raised
be kept. by taxation; which digest shall be kept by the Clerk of the Inferi-
or Court, for the inspection of the citizens of the county; and said
Courts may make all such arrangements as they think best, to carry
out this Section.
9. Sec. IX. The assessment for State taxes made next previous
B«eis of levy-to each particular levy of tax by the Inferior Court, shall be adopt-
mg said tax. ag j-,agjg 0f an(j va}ue 0f property in such levy as
they may at any time order in pursuance of the provisions ot this
Act.
10. Sec. X. Whenever any funds authorized to be raised by any
ch^InJ't0 Provisi°ns of this Act, shall go through the hands of the
commissions Treasurer of any county of this State, it shall not be lawful for
moneys. such Treasurer to charge or receive any commissions or compensa-
tion for receiving or paying out such funds.
11. Sec. XI. That the Tax Collectors, or other persons appoint-
ford odhfJ- ed to collect the tax in accordance with the provisions of this Act,
of0Lfauitcers?s be authorized to proceed in cases of default, in the same manner as
is now provided by the laws of this State for the collection of the
general tax.
Sec. XII. Repeals all conflicting laws.
Assented to November 29, iSGl.
Note.—The above Act, strictly speaking, is a Local Act; but being one of great importance
to all the counties in the State except three, (which are wholly exempt from its operations,) it
is thought best to class it with the Public Laws.—Compiler.
(No. 75.)
An Act to extend the time for the payment of Taxesfor the year 1861.
12. Section I. Be it enacted by the General Assembly of the State of
tor* elected" Georgia, That His Excellency the Gfovernor, be, and he is hereby
Stfg-i8* authorized and required, to suspend issuing commissions to Tax
tm^MarctoCollectors in this State, who may be elected on the first Wednes-
aiio^edtf" day in January ensuing, until the first day of March next; and that
t0the Tax Collectors for the present year, be allowed until said first
to^MwuryT day of March, to make their final payment to the Treasurer of this
State. Provided nevertheless, that said Collectors shall be required
inUmtoeJ15 to pay into the Treasury on the first day of each month, until their
monthly. gnaj settiement, the amount of State tax collected by them respec-
tively. *
Assented to December 11, 1861.
* By Act of 23rd December, 1840, (Cobb's New Digest, p. 1073,) Tax Collectors were requi-
red to pay the State Taxes into the State Treasury, by the 1st December in each year there-
after; and by Section II, of Act of 3rd March, 1856, the time was extended to 20th December.
Acts ©f 1855-6, p. 276.
PUBLIC LAWS—TAX.
79
Assumption of Confederate War Tax.—Tax Laws amended.
(No. 76.)
An Act to provide for the assumption and payment of the Taxes assessed
against the citizens of this State, by virtue of An Act of the Congress
of the Confederate States of America, entitled An Act to authorize the
issue of Treasury Notes, and to provide a War Tax for their redemp-
tion; approved the 19th of August, 1861.
Whereas, The twenty-fourth Section of the before recited Act
of Congress, provides that if any State shall, on or before the first
day of April next, pay into the Treasury, notes of the ConfederatePreamWe
States, or in specie, the taxes assessed against the citizens of such
State, less ten per centum thereon, it shall be the duty of the Sec-
retary of the Treasury to notify the same to the several Tax Col-
lectors in such State, and thereupon, their authority and duty un-
der said Act shall cease; and whereas, economy and a proper regard
for the interest of the tax payers of Georgia, make it the duty of the
State to assume' and pay said taxes.
13. Section I. The General Assembly of Georgia do, therefore, enact Confea t
as follows: That the State of Georgia hereby assumes, and will pay war Tax as-
the taxes assessed against her citizens, under the provisions of the state. by
Act of Congress of the Confederate States before recited.
14. Sec. II. That so soon as the amount of said taxes shall be
ascertained, it shall be, and it is hereby made the duty of his Ex-
cellency the Governor, to cause to be issued the bonds of this State, to be issued,
payable in such sums, and at such time and place, and bearing such funds1 to ply
rate of interest, not exceeding eight per cent, per annum, as willthe ^ar Tax*
enable him to raise and obtain the means of paying such taxes, (less
ten per centum thereon,) upon the most advantageous terms to the
State; and that when said means of paying said taxes shall be rais-^^p?^
ed, His Excellency shall cause the said taxes (less ten per centum ^
thereon) to be paid to the Confederate States, under the provisions
of the said twenty-fourth section of the Act of Congress aforesaid.
Sec. III. Repeals conflicting laws.
Assented to December 11, 1861.
(No. 77.)
An Act to amend the Tax Laws of this State.
Whereas, An Act entitled " An Act to repeal An Act approved
February 26th, 1856, entitled An Act in relation to allowing Tax
Collectors an insolvent list by the Grand Jurors of the several
counties of this State, and to amend the various laws for the collec-
tion of taxes," assented to December 21st, 1857,* has been omitted
altogether by the Code of this State to go into effect from and after
the 1st day of January, 1862. For remedy whereof,
15. Section I. Be it enacted by the General Assembly, That the
* See Acts of 1857, p. 132.
80
PUBLIC LAWS.—Tax.
Tax for 18(12.—Revenue Laws amended.
^57°^Mctiabove and before recited Act be, and the same is hereby re-enact-
ed> ed, to take effect from and after the first day of January next.
«c'd?Sontotax 16. Sec. II. Be it further enacted, That no Collector,! Sheriff or
collected688 Constable shall receive cost on any Tax fifa, unless the same is col-
thereon. lected from the defendant.
Sec. III. Repeals conflicting laws.
Assented to December 12, 1861.
t See 1st Section of Act No. 79.
(No. 78.)
An Act to levy and collect a Tax for the political year 1862, and for
other purposes.
17. Section I. The General Assembly of Georgia do enact as follows:
That his Excellency, the Governor of this State, with the assistance
fe^esTdis0^ ^ie Comptroller General, shall assess on the entire amount of
taxesfor is62-taxable property in this State, such a rate per cent, "as will raise an
amount of revenue not exceeding one million of dollars, for the sup-
port of the government of this State for the political year 1862;
any law to the contrary notwithstanding.
Assented to December 14, 1861.
(No. 79.)
An Act to amend the Revenue Laws of this State, and jor other purposes
herein named.
Whereas, In the adoption by the Legislature of 1860, of the
Code prepared by a commission authorized by law, several omissions
Preamble, and changes in that law require additional legislation for the prop-
er execution of the revenue laws of this State, for remedy whereof:
18. Sec. I. Be it enacted, That Tax Collectors in issuing^, fas.
fi.efas.°n tax to collect State and County tax, shall be allowed a fee of fifty
cents on all f.fas. issued for said purpose.
19. Sec. II. Be it further enacted, That the Act entitled An Act
ws6°aft«ffn-to repeal An Act approved February 26, 1856, entitled An Act in
re-enacted!"8' relation to allowing Tax Collectors an insolvent list by the Grand
Jurors of the several counties in this State, and to amend the vari-
ous laws for the collection of taxes, having been omitted in the
Code, the same is hereby re-enacted.*
no costs to be 20. Sec. III. And be it further enacted, That no Collectors, Slier-
or Constable, shall receive costs on a tax fi.fa., unless the same
defendants!111^6 collected Ifoin the defendant.!
21. Sec. IY. Be it, further enacted, That the 792d section of the
■ Code, allowing the Comptroller General to pass upon the solvency
4ioiTentc?istsfor insolvency of tax payers of the several counties in this State, be
by Comp'Gen repealed; and that from and after the passage of this Act,
whenever the Comptroller General shall be satisfied that a Tax
* This Section is a mere repetition of the 1st Section of Act No. 77, Supra.
t This also is a repetition of the 2d Section of same Act.
PUBLIC LAWS.—TAX.
81
Revenue Laws amended.
Collector has exercised due diligence in his efforts to have his insol-
vent list allowed by a Grand Jury or Inferior Court, within the
time prescribed by law, the said Comptroller General shall be au-
thorized, if in his judgment the public interest will not suffer there-
by, to wait with the Collectors fifteen, and not exceeding thirty
days, for said insolvent list, before issuing^.^/?«. for the same.
22. Sec. V. Be it farther enacted, That so much of the 646th and
647th sections of the Code, as relates to the tax on Railroads, be iToaa^°n Rail-
repealed ; and that in lieu of the same, the 8th section of An Act
assented to December 11th, 18-58,f taxing all Railroad companies
one-half of one per cent, upon their net annual income, be contin-
ued in force ; and the returns of said Railroad companies shall here-
after be made to the Comptroller General instead of the Treasurer.
23. Sec. VI. Be it furthei enacted, That the Inferior Courts of T„x coiiec-
this State, in allowing Collectors their commissions for collecting
the taxes levied by their respective counties, be, and they are here-allowed-
by authorized and required to aggregate the taxes for the various,
purposes levied,-and to allow commissions on the whole amount, in<
accordance with the schedule from which the Comptroller General
is authorized to allow commissions to Collectors for collecting tha
State tax.
24. Sec. VII. And Whereas, By the Comptroller General's Re-
port, it appears that a portion of the new Code prepared by the
Commissioners and by previous Act of the Legislature of Georgia,A PreamUe»
intended to go into effect on the first day of January, 1862, is so
framed as to destroy the necessary checks and balances between the
offices of the Treasurer and Comp'r. General, for remedy whereof:
2-5. Sec. VIII. It is hereby farther enacted, That so much of the
96th section of the Code as requires the Comptroller General f0 5
give certificates of the amount due from the Tax Collectors and ^na1Jt9e9^
other debtors of the State, before the same has been paid into the
Treasury, be repealed; and that in lieu of the same, the Act ap-
proved December 5th, 1799, entitled " An Act further explaining
and defining the duties and powers of the Comptroller General,"
be substituted therefor, and hereafter continued in force ; and that
so much of section S9 of the new Code aforesaid, as requires the
Treasurer to account for moneys received in the Comptroller Gen-Jo'uS^or"
eral's certificates, be, and the same is hereby repealed; and the™™eTonehu
Treasurer shall be accountable for money received on his certifi-<:ertlfioate8'
cates.
26. Sec. IX. And be it, farther enacted, That no receipt or certifi-
cate of payment from the State Treasurer, for any money paid, orRecei^. of
to be paid into the Treasury, shall be valid against the State, until ComPr- Gen-
the same shall have been turned over to the Comptroller General,
and his receipt given in lieu thereof. TI]e wordg
27. Sec. X. And be it. further enacted, That whenever in the va~'sSeI"diaaau
rious Tax laws of this State, the words " United States" occur, L^afobe
; See Acts of 1858, p. 105.
$ For this Act see T. R. R. Cobb's New Digest, p. 1022-3.
6
82
PUBLIC LAWS—Western & Atlantic Kail Road.
Salaries of officers and employees on Western & Atlantic Rail -Road.
I?raelwordSthe words " Confederate States" be, and the same are hereby sub-
stituted therefor.
Assented to December 14, 1861.
(No. 80.)
An Act to extend the time for Tax Collectors, in this State to make their
settlements ivith the State Treasurer.*
28. Section I. Be it enacted by the General Assembly of the State oj
Fine for'Tax Georgia^ That the Tax Collectors in each of the counties of this
SakeeCtfi°nait0 State be, and they are hereby allowed until the first day of March,
settlements 1862, to make their final settlements with the State Treasurer, in-
-extended to ' ,, _ . l '
March, stead of the 20th of December, 1S61 ; any law, usage or custom to
the contrary notwithstanding.
Assented to November 29th, 1861.
* This Act is a repetition of part of Act No. 75, Super a.
TITLE XXV.
WESTERN & ATLANTIC RAIL-ROAD.
Sec. i. Reduction of salaries of officers and pay of employees on State Road.
(No. 81.)
An Act to provide for the Reduct ion of the Salaries of the Officers and
Employees of the Western Sf Atlantic Railroad.
Section I. The General Assembly of Georgia do enact, That the
Seduction of Governor be requested to scrutinize the salaries of the officers and
State Road. employees of the Western & Atlantic Railroad; and whenever it
can be done with a due regard to the best interests of the Road, a
fair and proper reduction of the salaries shall be made.
Sec. II. Repeals conflicting laws.
Assented to December 14,1861.
* For Act authorizing the Superintendent of the W. & A. R. R. to issue $200,000 in change
"bills, see Title BANKS AND BANKING, Act No. 17.
PART II.
PRIVATE AND LOCAL LAWS.
Title I.—APPROPRIATIONS.
« II.—CITIES AND TOWNS.
« III.—CORPORATIONS.
« IV.—COUNTIES.
« V.—COUNTY LINES.
" VI.—COUNTY REGULATIONS.
« VII.—EDUCATION.
" VIII.—EXECUTORS, ADMINISTRATORS, ORDINARIES, &C.
" IX.—INTERNAL TRANSPORTATION.
" X.—PATROLS.
" XI.—PHYSICIANS.
" XII.—RELIEF.
♦< XIII.—RIVERS AND DAMS.
" XIV.—ROADS.
» XV.—SLAVES AND FREE PERSONS OF COLOR.
« XVI.—TAXES.
" XVII.—TELEGRAPH COMPANIES.
PART II. PRIVATE AMI LOCAL LAWS.
TITLE I.
APPROPRIATIONS.
Sec. 1. $G,000 appropriation for support of pu-
pils in Georgia Academy for the Blind
for 1 Sl'rf.
Sec. 2. One dollar per copy appropriated to
.John II. Seals as extra compensation
lor publishing Code of Georgia.
Sec. 3. Governor to draw his warrant on Trea-
sury for same.
(No. 82.)
An Act to appropriate money for the support of the pupils of the Georgia
Academy for the Blind.
1. Section I. Be it enacted by the General Assembly of Georgia, That priated for
the sum of six thousand dollars be, and the same is hereby appro-pnp?uin°
priated for the support of the pupils of the Georgia Academy formjndeforfor
the Blind, during the current political year ; and that the Gover- Governor to
nor be authorized to draw his warrant upon the Treasury in favor rant on Treas-
of the Trustees of said Academy, for said sum of money. in^avor of
Sec. II. Repeals conflicting laws. Trustees.
Assented to Decembers, 1S61.
(No. 83.)
An Act to appropriate extra compensation to John H. Seals for the publi-
cation of'the Code of Georgia.
2. Section I. The General Assembly do enact, That one dollar per One dollar
copy be, and the same is hereby appropriated to John H. Seals as |r^l*ed^to
extra compensation for the publication of the Code of Georgi a. Seals as extra
3. Sec. II. The General Assembly do further enact, That the Gover- tion^for Code
nor of Georgia do draw his warrant on the Treasury of this State Governor to
in favor of John H. Seals for the sum aforesaid to be paid out ofmXonT^
any money in the Treasury, not otherwise appropriated. for same.
Assented to December 14th, 1861.
Note.—For sundry appropriations to individuals, see Title "Relief;" also Title "Appropria-
tions," in Public Laws, and notes thereto.
86 PRIVATE AND LOCAL LAWS.—Cities and Towns.
Americus.
TITLE II.
CITIES AND TOWNS.
AMERICUS, (No. 84.)
Sec. 1. Corporate limits defined.
" 2. Aldermen; Co.poratelimits ; Powers.
" 3. Council to elect Mayor, who shall act
without compensation ; Term of office
one year.
4. Council to have no salary; Taxes on
property of Mayor and Council-men.
" 5. Offices of Clerk, Treasurer, Marshal
and Sexton, consolidated ; Marshal
to he elected; his salary, term of of-
fiee, &c.
" G. Duties and liabilities of Marshal. He
may be removed.
7. Marshal shall give bond, and make
weekly reports ; Publication by City
Council quarterly.
8. Tax on free negroes, and on slaves
hiring their time, &c.; assessment
of Taxes ; Tax on Banking and In-
surance Agents.
9. Duties and powers of Mayor. Appeal
to Council.
10. Time of holding elections ; qualifiea-
tions for Alderman.
11. Assistant Marshal.
Sec. 12. Clerk of Market; his election. Termf
of office one year. I
ATHENS, (No. 85.)
13. Duties and fees of Clerk of market.
ATLANTA, (No. 86.)
Sec. 14. Time of holding election for Mayor
and Council; when to be qualified
and enter upon the discharge of their
duties; Financial year.
" 15. Vacancy in office of Mayor; vacan-
cy in Council.
" 16. Receiver of tax returns and Tax Col-
lectoi.
" 17. Market.
" 18. Street duty. Street tax, and how col-
lected.
Sec. 19. Powers of Mayor and Council to en-
force ordinances. Common jail of
Fulton county may be used by city.
Default tax payers may be double
taxed.
Attendance of parties and witnesses
at the Mayor's Court.
Fees of officers.
Corporate limits changed.
20.
21.
22.
23.
AUGUSTA, (No. 87.)
Sec. 24. Salary of Judge of City Court of Augusta may be fixed by City Council—not less than
one thousand dollars per annum.
BELLVILLE, (No. 88.)
Sec. 25. Bellville incorporated—Corporate lim-
its.
•' 26. Mayor and Aldermen.
" 27. Election of Mayor and Aldermen.
" 28. Oath of Mayor and Aldermen.
" 29. Marshal, Clerk of Council and Trea-
surer.
" 30. Salaries of officers.
" 31. Powers of Mayor and Alderman. On
all questions in Council, a majority
vote to govern. Mayor and each
Alderman to be, ex officio, a magis-
trate for certain purposes. May is-
• sue warrants, and bind over offenders
to appear at Court for trial. Keeper
of common jail of Richmond county
to receive offenders.
Sec. 32. Ordinances— other powers of Mayo?
and Aldermen.
" 33. Fines.
" 34. Powers and jurisdiction of Mayor and
Aldermen.
" 35. Fees.
" 36. Officers sued may justify,under this
Act.
CUSSETA, (No. 89.)
Sec. 37. Poll tax.
PRIVATE AND LOCAL LAWS.—Cities and Towns.
87
Americus.
JONESBORO, (No. 90.)
Sec. 38. Corporate limits.
SUMMERVILLE, (No. 91.)
Sec. 39. Village of Summerville in Richmond,Sec. 43. Oath of Commissioners.
county, incorporated. " 44. Marshal.
" 40. Election of Commissioners. ' " 45. Taxes, tines, &c. By-laws.
" 41. Intendent. " 4G. Treasurer, &c.
" 42. Manner of electing Commissioners.
SPRING PLACE, (No. 92.)
Sec. 47. Retail License.
ROME, (No. 93.)
Sec. 48. Retail License.
(No. 84.)
An Act to alter and amend an Act entitled an Act to incorporate the City
of Americas, and to alter and amend an Act to incorporate the town of
Americus in the county of Sumter, and for other purposes.
1. Section I. Be it enacted, That the corporate limits of the city
of Americus in the county of Sumter, shall extend from the CourtCorporate.
House within the present comporate limits, one mile in every direc-limits-
tion, except westward, in which direction the limits shall be as al-
ready enacted, to-wit : the eastern bank of Mucalee Creek.
2. Sec. II. And he it further enacted by the authority aforesaid,
That the municipal government of the city of Americus shall con-
sist of seven Aldermen, who are hereby constituted a body corpo- Aldermen,,
rate, under the name and style of the Common Council of the city corporate
of Americus ; and under such name shall have perpetual succes-
sion ; shall have a common Seal, and by such name and seal plead °wer8*
and be impleaded in any Court of law and equity in this State.
3. Sec. III. And be it further enacted by the authority aforesaid,
That from and after the termination of the year 1861, and upon
the election of a Common Council under this Act, one, a member Council to
of said Common Council, shall be selected by the same, by ballot, *uct Mayor'
who shall perform the duties of Mayor for said city of Americus Mao h ^
without salary or other compensation ; and at the first meeting ofactwltho^
Common Council in the year 1862, and at the first meeting in each**'"17'
succeeding year, the members of the Common Council shall pro- Election of
ceed to elect a Mayor, who shall hold his office for the space of one Term of of-
* A nee, one yea2^.
year.
4. Sf.C. IV. And be it further enacted, by the authority aforesaid,
That the Common Council of the city of Americus shall receive nownosai--
compensation for their services ; and all property held, owned orary'
possessed within the limits of said city of Americus by the Mayor Mayor ana
or Councilmen of said city shall be alike subject to and^pa^tSe?'
shall pay the regular rates of taxation, the same as may beertyl\nrthnop"
paid by the citizens of said county. Clty'
88 PRIVATE AND LOCAL LAWS.—Cities and Towns.
Ainericus.
5. Sec. V. And he it, further enacted, by the authority aforesaid,
offices of That from and after the termination of the municipal year of 1861,
urer,kkal!imlthe offices of city Clerk, city Treasurer, city Marshal, and city
consolidated. Sexton, shall be consolidated and made one and the same office, and
that the duties appertaining to the several offices shall be perform-
city Marshal ed. by one and the same officer, who shall be styled city Marshal,
to be elected an(j wq0 fog elected by the citizens of Americus on the same
day that the members of the Common Council are elected, and
MaSaif who shall receive as full compensation for his services a sum not to
His term of exceed six hundred dollars per annum, and who shall hold his office
term 0f one year, unless for cause he shall be removed by
the Common Council.
6. Sec. VI. Be it further enacted by the authority aforesaid, That
liabilities of ^ shah he the duty of the city Marshal to patrol said city, to over-
Marshal. see anc[ qirect the work on the Streets, in the Semetary, and other
public works of the city ; to collect under the direction of the Com-
mon Council, when assessessed by them, the taxes of the city; and
to perform all of the duties necessaiy to be performed pertaining to
the offices of Clerk, Treasurer, Marshal and Sexton ; and upon the
complaint of any citizen, substantiated by proof, he shall be subject
Marshal may to be removed from his office, for malpractice, insufficiency or nejr-
be removed. Jggf 0f dllty.
7. Sec. VII. Be it further enacted by the authority aforesaid, That
gfvebhondfaI1the Marshal be required to give bond and security for the faithful
performance of his duties, in such sum as maybe deemed sufficient
make weekly by the Common Council ; he shall be required to report weekly to
reports. the Common Council, his collections, expenditures, acts and doings;
Publication ^ and the Common Council shall publish once every three months, a
oil quarterly, full and complete account of all receipts and disbursements, and
all other matters of immediate interest to the city.
Tax on free S. Sec. VIII. Be it further enacted by the authority aforesaid, The
onldavea Mr-tax to be paid by free persons of color, or slaves hiring their own
&S.theirtime time or living by themselves in said city, shall not be less than
Twenty-five Dollars per annum ; that the Common Council shall
Assessment assess all taxes as at present provided for, except Banking and Insur-
BanHnVaud ance Agents ; and on Bank Agents and Insurance Agents the tax
JST" shall [not ?] exceed one per cent, upon the gross earnings of the
respective Agencies, Banks or Companies.
9. Sec. IX. Be it further enacted bu the authority aforesaid, That
Duti©8 ftDfl t/ \t '
jiowersof at all meetings of the Common Council, the Mayor shall preside;
a7°r' and in case of a tie, give the casting vote ; he shall be empowered
to hear and determine upon all infractions of the Ordinances of the
Appeal to city, and to fine or imprison in accordance therewith, an appeal ly-
Council. -n caseg from the decision of the Mayor, to the Common
Council.
10. Sec. X. Be it, further enacted by the authority aforesaid, That
^wtlonshford the election for Aldermen of the city of Americus, shall be held on
Aidermen. grgj. gatur(]ay 0f each year ; and that no person shall be eligi-
ofAi- hie to the office of Alderman or Marshal, unless he shall be of the
dermen. Qf twgnt-y-one years, a citizen of the Confederate States, and
PRIVATE AND LOCAL LAWS.—Cities and Towns. 89
Athens.—Atlanta.
shall have resided in said city for the space of two years next pre-
ceeding said election.
11. Sec. XI. Be it. further enacted by the authority aforesaid, That
should it become impossible for the Marshal to discharge properly ^gtSf
the several duties allotted to him, the Mayor with the consent
of the Common Council, shall appoint a competent assistant to
serve for such time as his services may be needed, whose salary
shall not be exceeding Four Hundred Dollars per annum, or in that
ratio; but he shall only be employed and receive pay for such time
as his services are deemed actually necessary.
Sec. XII. Repeals conflicting laws.
Assented to December 17, 1861.
Note—For former Acts relating to Amerlcus, see Acts of '55-6, p, 377 ; Acts of 1857, p. 163;
and Acts of 1858, p. 129.
(No. 85.)
An Act to alter and amend a •portion of the 8th Section oj An Act to
amend the several laws in relation to the town of, Athens, and to extend
the power of the corporate authorities thereof," passed by the General
Assembly of Georgia, and assented to Dec. 22, 1857.
12. Section I. The office of Clerk of the Market in the town office of
Plerk of the
of Athens, shall be disconnected from the office of Clerk of the market dig-
Council; and it shall be the duty of the Council at its first regular office of
meeting in January in each year, to elect a Clerk of the Market, council.
cj t v •/ Council to
who shall hold his office for one year unless sooner removed by the elect a Clerk
Council for good and sufficient cause. Hiitem'S*"
Id. Sec. il. All the duties heretofore required of the Clerk of°ne
the Council, under the general ordinances with reference to theDutieg and
Market, shall be performed by the Clerk of the Market; and he ofethefr^*
shall receive for said services the usual fees prescribed for said
services.
Sec. III. All laws conflicting are hereby repealed.
Assented to Dec. 17, 1861.
Note.—For AotR heretofore passed in reference to the town of Athens, see Acts of 1853-4, p.
211; Acts of 1855-6, p. 400; and Acts of 1859, p. 127.
(No. 86.)
An Act to alter and amend the several Acts incorporating the city of At-
lanta, in Fulton county, Georgia.
14. Section I. Be it enacted, That the annual elections of Mayor
and Council of said city, after the next regular annual election in Jan-^efectioM •
uary next, shall beheld on the first Wednesday in December, lS62,indcoyunrca.
in each and every year thereafter; and that they shall be entitled when qmdi-
to be duly qualified and assume the discharge of their respective
duties at the first regular meeting in January thereafter; and that
the financial year shall terminate on the last day of December.
15. Sec. II. In the event the office of Mayor shall become vacant
90 PRIVATE AND LOCAL LAWS—Cities and Towns.
Atlanta.
at any time within three months of the expiration of his term of office,
the President pro tern, of Council shall act as Mayor during the balance
of said term, and exercise all the rights and power of Mayor during
said time; and in the event of a vacancy in the Council of said
^fficenofMay- city within the like period, the acting Mayor and Council shall
or- have power to fill said vacancy by the election of an Alderman be-
longing to the Ward in which said vacancy may occur, for said un-
expired term.
16. Sec. III. Be itfurther enacted, That the Mayor and Council of
TaxeKet«rU8 sa^ shall have power and authority to elect a Receiver of
k'"torax c'jl" Tax Returns and Tax Collector, at the same time of electing a
Clerk and other officers, and prescribe their respective duties and
compensation.
17. Sec. IV. Be it, further enacted, That said Mayor and Council
shall have full power and authority to establish a Market in and
Market. for g^q cjty . and t0 pass a]} ordinances necessary to sustain, pro-
tect,^regulate and govern the same, not contrary to the laws and
constitution of this State.
18. Sec. V. Be it further enacted, That all persons liable to per-
street duty of f°rm road duty, by the laws of this State, shall be liable and sub-
citizens. jec£ work on streets of said city, under the direction and
control of the proper officer of said city ; Provided, That the Mayor
street tax. an(j Q0UIlcii 0f said city shall have power to levy a street tax in
lieu thereof; And provided further, That all persons who shall fail or
refuse to pay said tax on or before such day as said Mayor and
Council by ordinance may require, the person failing shall
be required, upon three days notice, to do and perform street work
as aforesaid, and upon failure thereof, such defaulter shall be
liable to be dealt with by the Mayor and Council as for a violation,
of other ordinances of said city.
19. Sec. VI. Be it further enacted, That the Mayor and Council
Power of of said city shall have power and authority to enforce the ordi-
coXcTto nances of said city, by appropriate fines and penalties ; and when-
nmces! ordl~ever it shall become necessary to imprison any person by sentence
under a judgment of said Mayor, or Mayor and Council, it shall be
common jaii ]awful to use the common Jail of Fulton county, Georgia, instead of
fc^city6 U8e<ithe Calaboose of said city, upon terms and conditions to*be regu-
lated by and between said Mayor and Council and the Inferior
Court of said county.
20. Sec. VII. Be it further enacted, That said Mayor and Council
Defaulters shall have power and authority to enforce and collect a double tax
Sie taxed, of any person who shall fail or refuse to give in a list ol his or her
taxable property to the Receiver of Tax Returns of said city.
21. Sec. VIII. Be it further enacted, That the Mayor and Council
Attendance of said city shall have power and authority to compel the attendance
anJawitue8s-of parties and witnesses at the Mayor's Court and the meetings of
• Mayors8 said Council; and for this purpose said Mayor and Council shall
court. have power and authority to take and receive of parties and wit-
nesses such bonds as they shall deem necessary to secure the
attendance of parties and witnesses; and to pass all ordinances
PRIVATE AND LOCAL LAWS—Cities and Towns. 91
Augusta.—Bellville-
necessary to carry this act into effect, and to forfeit and collect said
bonds in the same manner as such bonds are now forfeited and col-
lectedin the Superior Courts in this State.
22. Sec. IX. Beit further enacted, That said Mayor and Council
shall have power and authority to establish a fee bill for the officers feeressofoffi"
of said city, not higher than the fees allowed to the county officers,
nor lower than those allowed to Justices of the Peace and Consta-
bles of this State.
23. Sec. X. Be it further enacted, That the corporate limits of
the city of Atlanta be extended on the north side of said city, by
beginning at the point on the Western and Atlantic Railroad where {jSrate
the present corporate line now crosses, and thence run up saidohansed-
Road to the north corner next the Hailroad, at the lot whereon
Felix Sowers resides, and thence east from said corner five hun-
dred feet; thence south-east to the present corporate line.
Sec. XI. Repeals conflicting laws.
Assented to Dec. 6, 1861.
Note.—The city of Atlanta was first incorporated by the name of Marthasville, in 1843,
pamphlet p. 83; name changed to Atlanta in 1847, pamph, 50; charter amended in 1850,
pampli. 96; again in 1852, pamph. p. 386; also in 1854, pamph. pp, 212, 213, 241; also in
1856, pamph. p. 295. See also Acts of 1859, p. 128, and Acts of 1860 p. 90.
(No. 87.)
An Act to a uthorize the City Council of Augusta to fix the salary of the
Judge of the City Court of said city.
24. Section I. Be it enacted, That from and after the passage of
this Act, the City Council of Augusta be authorized and empow-Jud^ of the
ered, from time to time, to fix by ordinance, the salary of the Judge Augusta,
of the City Court of said city, at such rate as they may consider
just and proper, not less than one thousand dollars per annum.
Sec. II. Repeals conflicting laws.
Assented to Dec. 17, 1861.
Note.—This Conrt was first termed the Mayor's Court of the City of Augusta; the name of
the Court was changed by Act of 1826, to that of the Court of Common Pleas for the City of
Augusta, and the Judge received certain fee3 as his compensation. By Act of Dec. 30, 1836,
the Judge was allowed a fixed salary of $1,000 per annum, to be paid quarterly by the City
Council; and the Court fees which the Judge formerly received, were to be paid over to the
Council. The Act of Feb. 15, 1856, changed the name of the Court to " The City Court of Au>
gusta."
(88.)
An Act to incorporate the town of Bellville in the county of Richmond.
25. Section I. Be it enacted, That from and after the passage of
this Act, the town of Bellville, on Butler's Creek, in the county ofcoe^w"teir
Richmond, and State of Georgia, be, and is hereby declared and.
constituted an incorporated town; and that the corporate limits corporate
of the same shall extend one mile in every direction from Bellvillelumt8.
Factory building.
26. Sec. II. Be it further enacted, That the corporate powers of
said town shall be vested in a Mayor and four Aldermen, who shall
92 PRIVATE AND LOCAL LAWS.—Cities and Towns.
Bellviile.
Mayorand elected on the second Wednesday in January next, 1862, ten
days notice having been given, and on the same day of January of
each year thereafter ; and that said Mayor and Aldermen shall hold
their offices for one year, or until their successors are qualified;
and all citizens residing in said incorporation ten days previous to
said election, who shall be entitled to vote for members of the
General Assembly, shall be entitled to vote for said Mayor and
Aldermen.
27. Sec. III. And be it further enacted, That any two citizens in
said town, being first sworn to hold said election properly and
Election of justljb m»y preside over said election, neither of whom being a
candidate ; and the person receiving the highest number of votes
shall be declared to be duly elected; and that the managers of said
election shall give their certificate to such persons as shall be thus
elected; and said certificate shall be evidence of that fact, and
their authority to act as Mayor and Aldermen of said town ; and
the said certificate shall be recorded by the Clerk of the Council in
a book kept for that purpose; and this record shall always be the
highest evidence of said election and qualification.
28. Sec. IV. And be it further enacted, That the said Mayor and
Aldermen, before they enter upon the duties of their respective
offices, shall, before a Justice of the Inferior Court or Justice of the
Peace, take and subscribe the following oath: "I do solemnly
ortndAuS-swear that I will, to the best of my ability, faithfully discharge the
men- duties of Mayor, (or Aldermen,) of the town of Bellviile, during
my continuance in office—so help me God."
29. Sec. V. And be it further enacted, That the said Mayor and
Marshal ci'k Aldermen shall, at their first annual meeting after their being
qualified, proceed to elect by ballot, a Marshal, Clerk of Council,
and Treasurer; each of whom, unless removed, shall remain in
office until a new election for, and qualification of Mayor and
Aldermen; and that said Mayor and Aldermen shall have full
power and authority to remove from office, and to elect others in
their places, or to punish by fine, not exceeding fifty dollars, any
officer elected by them for any neglect, malpractice in or abuse of
said office, or for any misdemeanor.
30. Sec. VI. And be it further enacted, That the Mayor and Alder-
Saiarie* of of- men shall have the power to fix and regulate the salaries of each and
fioerB- every officer they may elect; which salaries shall not be increased or
diminished during their continuance in office ; and the said officers
shall give bond and security to the Mayor and Aldermen and their
successors, in a sum to be fixed by them for the faithful perform-
ance of his or their duties.
31. Sec. VII. And be it further enacted, That the Mayor and any
ST^'and ^W0 Aldermen shall form a quorum for the transaction of all busi-
Airmen, ness; and the Mayor shall have the casting vote; and a majority
of the votes shall determine all questions and elections before the
Council; and the Mayor and each Aldermen shall be, to all intents
and purposes, a Justice of the Peace, so far as to enable them, or
either of them, to issue warrants for offences committed within the
PRIVATE AND LOCAL LAWS—Cities and Towns.
93
Bellville.
corporate limits of said town; which warrants shall be executed
by the Marshal, or in his absence or sickness, by such Deputy as
the Mayor may appoint for the time and occasion ; and to commit
to the common jail of Richmond county, or to admit to bail ac-
cording to law, all offenders for their appearance before the next
Superior Court thereafter for said county, to await his, her, or
their trial; and it shall be the duty of the Jailor of said county of
Richmond to receive alfsuch persons so committed, and then safely
to keep until the same is discharged by due course of law.
31. Sec. VIII. And be it further enacted, That the said Mayor and Grd5nariceil,
Aldermen shall have full power and authority to pass all ordi-
nances and laws necessary for the government, good order and well
being of said town of Bellville, and to remove pests and nui-
sauces, and to perform all acts necessary and proper to carry out
the provisions of this Act, not incompatible with the constitution
and laws of Georgia. They shall also have full power tootherpower8
make all contracts in their corporate capacity which they may
deem necessary for the welfare of said town ; and in their corporate
capacity to hold property, and to sue and be sued.
33. Sec. IX. And be it further enacted, That the Mayor, and in hisMayorand
absence any two of the Aldermen of said town, shall have full^y6™®^
power and authority to try all offenders against any of the by-laws £^ders
and ordinances of said town; and to punish for each and every
violation thereof within the corporate limits of said town, by fine,^0^
or fines not to exceed the sum of twenty-five dollars.
31. Sec. X. And be itfurther enacted, That the Marshal shall have
full power and authority to examine all places or houses in said
town where he may suspect a violation of the laws of this State or
the ordinances of said town may be carried on ; and he shall report
all offenders in said town against said laws, to the Mayor or any
Aldermen of said town, whose duty it shall be, upon such report
beitm made, to issue a warrant or warrants for the apprehension of,ana ,
O 7 # # .r 1 a jurisdiction of
every such offender, and to commit the same to rail, or admit toy,iuorand
*> . Aldermen.
bail according to law, to await his, her, or their trial before the Su-
perior Court of Richmond county, when such offence is in viola-
tion of the laws of the State; and also, that the said Marshal be
fully authorized to arrest any and all disorderly persons who shall
violate any of the by-laws and ordinances of said town, and to take
the same before the Mayor or any two Aldermen of said town, for
trial, according to the provisions of this Act; and also, that upon
all trials, or examinations authorized or required by any of the pro-
visions of this Act, the said Mayor, or two Aldermen who may be
conducting any such trial or examination, shall have full power to
compel the attendance of any witness or witnesses by a fine not to
exceed twenty dollars; and also, that said Mayor and Aldermen
shall have power to establish and regulate a police or patrol over
all slaves and free persons of color in said town ; and that said
Mayor shall have full power and authority to call to his aid any
and all white male citizens of said town, capable of bearing arms,
for the arrest and apprehension of any offender against the laws of
94 PRIVATE AND LOCAL LAWS.—Cities and Towns.
Bellville—Cusseta—J onesboro.
this State, or of the ordinances of said town ; and in case any such
citizen shall refuse to render such aid, he shall be liable to such
fine not to exceed twenty dollars, as said Mayor and Aldermen
may impose.
35. Sec. XI. And be it further enacted, That the cost for issuing,
serving and executing all warrants, process writs, and subpoenas
Fees. authorized by this Act, for the violation of any of the ordinances or
by-laws of said town against the laws of the State, shall be the
same as upon warrants, process, subpoenas, &c., by the laws of
this State; and shall be paid by the offender or offenders, in case
he, or she, or they be guilty of the alleged violation of said ordi-
nances or laws.
officers sued 36. Sec. XII. And be it further enacted, That any of the officers
Xr5tuisy sa^ incorporation who may be sued for any act done in his or
Act- their official character, may justify under the Act.
Assented to December 6, 1861.
(No. 89.)
An Act to amend the fourth Section of An Act to incorporate the town of
Cusseta, in the county of Chattahoochee, and to render permanent the
county site, approved December 22d, 1855.
37. Section I. The General Assembly of the State of Georgia do
enact, That so much of the said fourth Section* as prescribe the
rate of taxes to be levied by the Intend ant and Commissioners, up-
poii Tax c on ProPerty sa^ town be, and the same is hereby repealed; and
uiatedln r ° that in lieu thereof, said portion of said Section be made to read as
seta?10 us"follows: Provided, said poll shall not exceed two dollars per poll;
and said tax shall not exceed one hundred per cent upon the State
tax.
Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
* For this Section see Acts of 1855—6. p. 363.
(No. 90.)
An Act to alter and amend An Act entitled "An Act to incorporate the
town of Jonesboro, in the county of Clayton ; to provide for the election
of Commissioners, Marshals, and Clerks ; and for other purposes there-
in mentionedassented to December 13th, 1859.*
38. Section I. Be it enacted, That from and after the passage of
this Act, the twelfth Section of the above recited Act, be altered by
striking out the words " two miles North and South," and inserting
fmed!boro dc" the words " one mile North and South," instead thereof.
Sec. II. Repeals conflicting laws.
Assented to December 6, 1861.
9J3ee Acts of 1859, p. 175.
PRIVATE AND LOCAL LAWS.—Cities and Towns. 95
Sutnmerville.
(No. 91.)
An Act to incorporate the Village of Summerville, in the county of Rich-
mond; to provide for the election of Commissioners for the same ; to pre-
scrihe the powers and duties of said Commissioners, and for other pur-
poses.
39. Section I. The General Assembly of the State of Georgia do
hereby enact, That from and immediately after the passage of this
Act, all persons who are citizens of the Confederate States, and who
are residing within one mile in every direction from the intersec-J^ee°flle
tion of Milledge street and Walton Way, in the village of Summer-iouutyh£co£
ville, in the county of Richmond, and State aforesaid, shall be deem-p°rated-
ed, and they are hereb}7- declared to be a body politic and corpo-
rate ; which corporation shall be known as the village of Summer-
ville; it being understood that the residences and premises of Por-
ter Fleming, Robert Campbell, Antonio Poullain, S. D. Linton,
George W. Lamar and James Gardner, Esquires, are to be included
within the limits aforesaid.
<40. Sec. II. Ik it further enacted, That all free-holders withm the
limits aforesaid, who are entitled to vote for members of theLegis- Election of
lature, shall on the 2d Saturday in January, 1862, and on the firste«.
Saturday in January in each and every year, after the year 1S62,
meet at the Academy in said village, or at such other place, as may
be from time to time designated by the Commissioners of said vil-
lage, (by notice given in one of the gazettes of the city of Augus-
ta.) and by ballot elect live commissioners for said village; and in
the event that such election, from any cause, should not take place
at the time specilied, then the Justices of the Peace, in the 119th
District, G. M., in said county, may appoint some other day for
such election and give notice accordingly; such Commissioners shall
hold their office for one year, or until their successors are elected
and qualilied.
41. Sec. III. The said Commissioners shall have authority to ap-
point one of their number Intendent of said village; and the saidIntendent
Intendent, in addition to such authority as may be given to him by
the Ordinances and By-Laws which shall be passed by said Com-
missioners, shall be clothed with all the powers of a Justice of the
Peace, within the limits of said village ; and shall hold his office for
one year from the time of his appointment, or until his successor is
elected and qualified.
42. Sec. IV. The polls for the election of said Commissioners
shall be opened at (10) ten o'clock, of the day on which the same electing Com-
takes place, and close at (4) four; the first election shall be manag-"'18810ntrs'
ed and presided over by any Justice of the Peace in said county, and
two free-holders in said village ; and the subsequent elections shall
be managed by any two of the Commissioners and a free-holder of
said village; or by a Justice of the Peace and two-freeholders of
said village; and the managers of such election shall have authori-
96
PRIVATE AND LOCAL LAWS.—Cities and Towns.
Summerville.—Spring1 Place.
ty to issue to the persons who are elected, certificates of their elec-
tion, which shall be sufficient evidence thereof.
43. Sec. V. The said Commissioners so elected, shall, at the time
they receive their certificate of election, take and subscribe the fol-
lowing oath : " I do solemnly swear that, to the best of my abili-
oath of com-sy, I will conduct myself uprightly as a Commissioner of the vil-
lage of Summerville ; and that 1 will do equal justice to all persons
who may be concerned in my administration of the law and of the
by-laws of said village, within the same.''
44. Sec. VI. The said Commissioners shall have power and au-
Marshal. thority to elect and commission a Marshal and Deputy Marshal, for
said village; and also to appoint and organize a patrol within the
same, with such powers, and subject to such duties as may be pre-
scribed by the Ordinances or By-laws of said village.
45. Sec. VII. The said Commissioners shall have full power and
Taxes, fines, authority to make assessments of taxable property within the said
village ; to lay and collect such taxes as they may deem necessary
for the purposes of carrying their powers into effect; to impose and
collect fines for all offences committed against the By-laws or Ordi-
nances of said village; and generally to make and enact all such
By-iaw3. By-laws or Ordinances not repugnant to the Constitution and laws
of the land, as they, or a majority of them, may deem expedient for
the security, welfare and convenience of said village, or for preserv-
ing peace, order and good government within the same; Provided,
that nothing in this Section contained, shall be so construed as to
authorize any inteference with the working, management and care
of the public roads in said village by the Inferior Courts of said
county, or its agents.
46. Sec. VIII. The said Commissioners shall have authority to
TreasamSic. appoint a Clerk, Treasurer, and such other subordinate officers as
they may need ; and to collect all taxes or fines due and payable to
them, by Execution or other process issued in such form as shall
be by their By-laws prescribed.
Assented to December 16, 1861.
(No. 92.)
An Act to authorize the Commissioners of the Town of Spring Place, in
Murray county, to issue license for the retail of Spirituous IJquors,
and to fix the amount of the license for the same, and to punish for sell-
ing without license.
47. Section I. The General Assembly do enact, That the Commis-
Retail licensesioners of the town of Spring Place, in Murray county, are author-
place"11*' issue license to retail spirituous liquors therein; and to
charge and collect for the same, such sum as they may think best,
not exceeding $250, per year, for each license; And be it further enact-
ed, That all persons who shall retail spirituous liquors within said
town, without such license, shall be punished as now provided by
law for retailing without license.
Sec. II. All conflicting laws are hereby repealed.
Assented to December 13,1861.
PRIVATE AND LOCAL LAWS.—Corporations. 97
Rome—Cavender's Creek and Field Mining Company.
(No. 93.)
An Act to amend the several laws heretofore passed incorporating the city
of Rome, in the county of Floyd ; and to enlarge the powers of the City
Council of the City of Rome, in relation to the granting of license to
retail and sell liquors.
4S. Section I. The General Assembly of the State of Georgia en~
acts, That from and after the passage of this Act, the City Council Licenge to re_
of the city of Rome, in the county of Floyd, shall have full PoweUfqLo?s1nuffie
and authority to impose a tax of not exceeding three hundred dol-city ofRome>
lars annually, upon all persons who shall sell spirituous liquors
within the corporate limits of said city, in less quantities than by
the gallon or barrel; the said tax so assessed, to be applied to the
use of the said city.
Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
Supreme Court Decisions.—A clause in the charter of the City of Albany, conferring the-
power, in general terms, to pass all By-laws, &e., not inconsistent with the Constitution andi
laws of the State, does not confer the power to pass an Ordinance making it a penal offence to
sell spirits in quantities of a quart or more, to be drank on the premises where sold, this being -
inconsistent with the State law on the subject. 29. Ga. Reports. 56.
A took out a license from the State to retail spirits in Gordon county, in November, 1858. In
December thereafter, the Legislature passed An Act authorizing and empowering the Com- .
mon Council of Calhoun, in said county, to levy and collect a tax not less than one hundred dol- -
lars, upon any retuil establishment, &c., in that place: Held, that the Statute was not intend-
ed to apply to one who had already paid the State for the privilege of retailing. 29. Ga. Kepts. .
TITLE III.
CORPORATIONS.
CAVENDER'S CREEK AND FIELD MINING CO., (No. 94.)
Sec. 1. Cavender's Creek and Field Mining
Co. incorporated. Powers and privi-
leges. By-laws.
" 2. Company may own and sell real es-
tate.
" 3. Capital stock $50,000. Shares. Per-
soual liability of Stockholders for
debLs of Co.
Sec. 4. Flume or aqueduct. Dam on Chesta-
tee river. Damages. Execution.
Appeal.
" 5. Deposit of money for damages as-
sessed, on appeal.
" 6. Penalty for damaging, &c., Compa-
ny's works.
TURNER MOUNTAIN COPPER MINING CO., (No. 95.)
Sec. 7. Company incorporated. Corporate
powers, Seal. By-laws.
" 8. Company may own and sell real es-
tate.
Sec. 9. Capital stock $500,000. Shares. Per-
sonal liability of Stockholders for
debts of Co.
" 10. Location of office of Co.
DALTON CITY COMPANY, (No. 96.)
Sec. 11. List of Stockholders to be filed in Clerk's office.
(No. 94.)
An Act to incorporate the Cavender's Creek, and Field Mining Com-
pany.
1. Section I. Be it enacted by the General Assembly of the State
of Georgia, That John C. Early, L. D. Davis, and such persons as
7
S3 PRIVATE AND LOCAL LAWS.—Corporations.
Cavender's Creek and Field Mining Company.
they may associate with them, and their successors and assigns,
<®™aer'S shall be and they are hereby declared, as soon as they shall organ-
fM^Goid ize under this Act, a body corporate and politic, under the name
and style of "Cavender's Creek and Field Gold Mining Compa-
ny," to work for Gold, or other valuable minerals, in the county of
Lumpkin, and State of Georgia, on Fractional Lot of Land, No.
1182, 12th District 1st Section, known as the Doling W. Field
Gold Vein, in Chestatee River, or on any other lands that
they may now own or on any other lands that they may
hereafter own either by purchase, lease, or otherwise, from the
above described lot, or fractional lot, up the Chestatee River, to
the mouth of Cavender's Creek, and up said creek to William
Anderson's; and by that name may sue and be sued, plead or be
*«wet8 mid impleaded, answer, or be answmred unto, in any Court of law or
Jcjsriitges. equity in this State or in the Southern Confederacy, or any State
thereof having competent jurisdiction ; and shall enjoy perpetual
succession of officers and members, have and use a Common Seal,
and alter the same at pleasure; may make, ordain or establish such
By-Laws, rules and regulations as they may deem expedient and
necessary to cary into effect the objects of said Company ; provi-
ded such by-laws, rules and regulations, are not inconsistent with
the Constitution and Laws of this State, nor with the Constitution
and Laws of the Confederate States.
2. Sec. II. And be it further enacted, That the aforesaid Compa-
ny hereby created, shall by its corporate name, be capable, in law,
'S^waaudof purchasing, owning, selling, and conveying, any real or person-
al estate, which may be necessary to enable said Company efficient-
ly to carry on the operation mentioned in the first section of this
Act.
3. Sec. III. And be it farther enacted,, That the capital stock of
said Company shall be fifty thousand dollars; which capital stock
may be divided into such number of shares as may be determined
on by a vote or votes of three-fourths of the Stockholders, at a reg-
ular meeting of said Stockholders, to be ascertained by the rules
and by laws of said Company, all parties at interest first having
notice of the time and place of such meetings ; and the Stockhold-
lia~ers of said Company shall be liable pro rata for the debts of said
^"debt's o" Company, to the amount of their stock by them respectively held,
■cxuigmj. for n0 greater amount.
4. Sec. IV. And be it farther enacted, That said. Company shall
staM, or bave power and authority to construct Aqueduct on any part, on
j3ssu«duct. Cavender's Creek which they may select, below the above named
William Anderson's, by ditch to carry water, trussel-work or flume
to the said Boling W. Field's Gold Vein, for hose washing, and oth-
tuMBonChea-er process of mining ; and to construct a coffer dam in Chestatee
Exvei. p|ver? sajq qam not to occupy more than one-third of the bed of
adages, said Chestatee river, subject to such damages or compensation to
the legal owners of the lands on which said ditch, trussel-work
or flume may may be constructed, as are reasonable and just, to
-be adjudged of and determined by three free holders of said county
axMreai es-
<f *1
$50,-
itiaxes.
PRIVATE AND LOCAL LAWS.—Corporations. 99
Cavender's Creek and Field Mining Company.—Turner Copper Mining Company.
of Lumpkin, one chosen by said Company, one by said land owner*
and a third chosen by the Inferior Court, or a majority of them, of
said county of Lumpkin ; and their judgment being rendered, duly
•certified to the Clerk of the Superior Court of said county of
Lumpkin; and said Arbitrators are hereby authorized and requir-
ed to certify and return their said judgment, and all their pro-
ceedings in said case, to the Clerk as aforesaid ; said Clerk shall is-Execution,
sue execution against the parties cost for all cast and damages ; and
said executions may be enforced under the same rules and laws
that now govern the collection of money by execution in this State,
unless the party against whom the said arbitrators found, shall enter Appeal
an appeal in'the Clerk's office, within four days from the return and
entry of said judgment ; which appeal may be entered under the
same rules and regulations which now govern other cases of ap-
peal; and said Company shall, in like manner, be liable for dam-otheraam-
ages to the proprietors from whose lands, either in whole or part,"86"'
any water course may be diverted by said Company; such damages
to be assessed in the manner above named.
5. Sec V. And be it further enacted, That entry of an appeal
in all cases provided for in this Act, shall in no case prevent the Depoeit bf
Company from proceeding with any work, or part of their work, damages as-
i J... ± . .. _il° . n ,, Vi • , sessed on ap-
on depositing with the Clerk ot the Superior Court, or with suchp^i.
other persons as the Superior Court may direct, the sum found by
said arbitrators, to be held subject to the final order of the Court;
And provided further, that the Judge in vocation Shall have the
power to pass the proper order in reference to depositing 1he mon-
ey, so as not to hinder the progress of the work until a regular
term of the Court.
C. Sec. VI. And be it further enacted, That if any person or per penalty for
sons shall willfully or maliciously destroy, or in any manner dam- &c., Compan-
age, or injure, or obstruct, or shall council, aid or assist, or advisey's work""
any person or persons, in any manner to hurt, damage, injure, or
obstruct any part of said Company's works, or any appurtenances
thereunto belonging or appertaining, such person or persons so of-
fending, shall be liable to be indicted for a misdemeanor ; and on
conviction, shall be fined and imprisoned, or either, at the discres
ition of the Court.
Assented to December 6, 1861.
(No. 95.)
Mn Act to incorporate the Turner Mountain Copper Mining Company.
7. Section I. The General Assembly of the State of Georgia do
■ enact, That William B. Rutherford and James P. Payton, and suchTheTllrner
other persons as they may hereafter associate with them, and their Mountain^
successors and assigns, shall be, and they are hereby declared, so ing Company
soon as they shall organize under this act, a body corporate an(jlucorP°rated-
politic, under the name and style of "The Turner Mountain Cop-
per Mining Company," for the purpose of mining for Copper,
Oold, Silver, or other valuable minerals, in Lumpkin county, on
100 PRIVATE AND LOCAL LAWS.—Corporations.
Turner Copper Mining Company.—Dalton City Company.
any lands they may now own, or may hereafter acquire either by-
purchase or lease, with the privilege of erecting any machinery
corporate necessary for the purpose aforesaid ; and in their corporate name,
powers fcc. have power to sue or be sued, answer or be answered unto, in any
Court of law or equity in this State, having jurisdiction ; and shall
seal. enjoy perpetual succession ; and may have and use a common seal,
By-iaws. and alter the same at pleasure ; and may make all by-law's, rules
and regulations they may deem proper for the government of said
Company ; Provided, the same are not inconsistent with the consti-
tution laws of Georgia and Constitution and laws of the Confed-
erate States of America.
8. Sec. II. And it is further enacted, That said Company, by its
company corporate name, shall have power to purchase, own. sell and con-
may own and i , i , i
seii real es- vey any property, real and personal, that may be necessary to carry
out the purpose of this charter.
9. Sec. III. The capital stock of said Company shall be five
Sookal$5oo,. hundred thousand dollars; which stock may be divided into such
shares. numbers of shares as two-thirds of said Company may determine at a
regular meeting of such Stockholders, all parties at interest first
personal lia- having notice of the time and place of meeting ; and the Stock-
Stockholders holders shall be liable pro rata, for all the debts of said Company
Company. to the amount of stock owned by them respectively, but for no
greater amount.
Location Sec.* IV. Awl it is further enacted, That said Company shall
ofofficeofco.keep an office at Dahlonega, in said county of Lumpkin ; which
shall be considered for all judicial purposes, its location.
Sec. V. Repeals conflicting laws.
Assented to December 17, 1861.
(No. 96.)
An Act to amend the Charter of the Dalton City Company, approved'
23rd of February, 1850.*
11. Section I. The General Assembly do enact, That the Dalton
List of stock-City Company be, and they are hereby required to make out and
office™ tonhefile with the Clerk of the Superior Court of Whitfield county, a list
fibdeinlcpk8d of their Stockholders and of their officers, on or before the first day
of January next, and on or before the first day of January in each,
and every year thereafter ; which said list shall be recorded by
said Clerk in his office.
Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
* For Act incorporating Dalton City Company, see Acts of 1849-50, p. 204.
PRIVATE AND LOCAL LAWS.—Counties.
101
Name of Cass county changed.
TITLE IV.
COUNTIES.
Sec. I. Name of the county of Cass changed to'
bartow.
" 2. Name of Cassville changed to MANAS-
SAS.
Sec. 3. Change of name of county not to vitiate
writs, deeds, &c.
(No. 97.)
An Act to change the name of the County of Cass, in this Stale, and for
other purposes therein mentioned.
Whereas, The county of Cass, in this State, in its organization
was named in memory of Lewis Cass, of Michigan; and the said
Lewis Cass having recently shown himself inimical to the South by
voluntary donations of his private property to sustain a wicked war Preamble,
upon her people, and by utterance of sentiments such as the South
must be subjugated, the Union must be preserved; and has there-
by become unworthy of the honor conferred by the naming of said
county; And Whereas, deeming it the duty, it is always the pleas-
ure of a brave and free people to perpetuate the memory of those
who have fallen upon the field of battle in defence of the honor,
rights and liberties of our common country, and by their noble deeds
and self sacrificing devotion, have endeared their names in the hearts
of the present generation. We should in some measure hand down
their name and cause their memory to live evergreen in the hearts
of succeeding generations, therefore,
Section I. Be it enacted, That from and after the passage of this The Mme v>f
Act, the name of the county of Cass be, and the same is herebyc^s'clan^
changed to the name of Bartow, in honor of the late Colonel Fran-Bartow.of
cis S. Bartow, of Chatham county of this State, who fell at the bat-
tie of Manassas Plains, gallantly leading his men, on the 21st of
July, 1861.
Sec. II. Be it further enacted, That the name of Cassville, the p res-Name of conn-
ent county site of the county of Cass, be, and the same is hereby e5 tothawf
changed to the name of Manassas. Manassas.
Sec. III. Beit.jurther enacted, That no writ or process of &nychangeof
kind, deed, contract or agreement in said county, shall be vitiated name of ^ ^
by being entitled Cass county; but the same may be amended
on motion when necessary, without any delay or cost.
Assented to December 6, 1861.
102
PRIVATE AND LOCAL LAWS.—County Lines.
Dooly and Macon—Clayton and Fulton.
TITLE V,
COUNTY LINES
Sec. I. Act of 17th December, 1860, changin
VOL U1 LH JL-'CUtJIIIUei , lOOU,
line between Clayton and Fulton,
amended.
except a half acre lot in Eougli and
Ready.
" 2. Lot No. 65, 14th District of originally
Henry count}7 added to Fulton county,
Sec. 3. Lines between Sumter and Scliley chan-
ged.
(No. 98.)
An Act to alter and amend An Act entitled An Act to change and alter
the county lines between the counties of Dooly and Macon, assented to
December 17th, I860;* and also to change the lines between the com-
ties of Clayton and Fulton, and for other purposes.
1. Section I. The General Assembly of the State of Georgia do en-
>J J, O
4Cangkig8Hneac^ That the words "east of Hog Creek," occuring in the first
clayton and Section of the above recited Act, be, and the same are hereby
amended stricken from said Act; and that, in lieu thereof, the words " all
Northwest of the East bank of Hog Crawl Creek," be, and the
same are hereby inserted in said Act, and shall become a part of the
same; and that this alteration in said Act shall have relation to the
date of the passage and approval of said original Act, and shall, to
all intents and purposes, be construed and treated as though said
original Act had read as the same is hereby altered and amended.
Lot No. 65, 2. Sec. II. Be it further enacted, That lot of land No. 65, in the
originally 14th District of originally Henry, now Clayton county, be, and the
t) Fulton, ex- same is hereby added to the county of Fulton, excepting that part
acre lot in" of said lot owned by W. H. Dearing, being a town lot in the town
fiea!y.& of Rough and Ready, on the south side of said land lot, being a
square of one half acre, which is to remain in the county of Clayton.
See. III. Repeals conflicting laws.
Assented to November 25, 1861.
For this Act see Acts of 1860, p. 142.
An Act to repeal so much of An Act assented to December 15th, 1859, *
as includes the North half of lot of land, number 10, in the 27th Di$-
trict of Sumter county in the county of Schley.
3. Section I. Be it enacted by the General Assembly of the State of
Lines te Georgia, That so much of An Act assented to December 15,1859,
wn |nm-^ as includes the North half of lot of land Number 10, in the 27th
changed. District of Sumter county, in the county of Schley, it being the resi-
dence of George Dykes, be, and the same is hereby repealed.
Assented to December 11, 1861.
* Acts of 1859, p. 273.
(No. 99.)
PRIVATE AND LOCAL LAWS.—County Regulations. IIS
Jury fees of the Superior and Inferior Courts in Whitfield.
TITLE VI.
COUNTY REGULATIONS.
Sec. I. Act of 18th February, 1856, amended so
as to include Whitfield county.
" 2. Clerk's duties as to jury fees. Duty of
County Treasurer as to jury fees.
" 3. Sheriff iu Elbert county not to be paid
for sunimouing tales jurors wlio do not
serve.
" 4. Act of December 16, 1857, repealed.
" 5. Tax on stock of non-residents, in Col-
quitt county.
" G. Such stock to be double taxed.
Sec. 7. Non-residents of State not to drive stock:
into Murray and Fannin counties to>
graze.
l< 8. Penalty for so doing.
'' 9. Fees of officers acting under this Act.
Such stock may be levied on for the
forfeiture.
" 10. Public sales to be held at Court House
in Muscogee county.
" 11. Persons prohibited from felling timber
in Toccoah river.
" 12. Penalty for a violation.
(No. 100.)
An Act to extend the provisions of An Act entitled An Act to regulate
the collection of Jury fees in the Superior and Inferior Courts of the
counties of Coweta, Floyd and Cass, approved February 18th, 1856,*
so as to include the county of Whitfield, and to add another Section to
provide for the collection of the same.
1. Section I. Be it enacted by the General Assembly of the State <VActoflwls
Georgia, That the provisions of the above" recited Act, be, and the
same are hereby extended to the county of Whitfield. as to iiichsAp-
2. Sec. II. Be it further enacted, That it shall be the duty of the 1 *B"
Clerk of the Court to furnish the County Treasurer with a list ofSt?^^^
the cases on which jury fees are due, within ten days after the ad-feea"
journment of the Court; and in all cases of appeal, it shall be the
duty of the Clerk to pay over the amount so paid in on appeals;
and it shall be the duty of the County Treasurer to call on the Sher-
iff, or his Deputy, for a settlement of such jury fees due on the ca-tojui:y
ses in his hands; and on failure to pay over the same if collected,
shall be subject to be ruled and pay four fold the amount so collec-
ted and retained; and it is hereby made the duty of the County
Treasurer to call for a settlement of all such jury fees, and to rule
the officer collecting or failing to collect the same, as in other cases
of rules, either in term time or vacation.
Assented to December 11, 1861.
* See Acta of 1855, 6. p. 487.
(No. 101.)
An Act to amend An Act entitled An Act to compensate the Sheriffs of
Burke, Elbert and DeKalb counties, for their services in summoning
Grand and Petit Jurors in said counties respectively, assented to Be-
cember 23, 1836.*
3. Section I. The General Assembly of the State of Georgia do en-
act, That the Act named in the title hereof, shall not be so cork-
* Acta of 1836, Pamphlet, p. 252.
104 private and local laws.—county regulations.
Decatur—Colquitt—Murray and Fannin.
I'lberf^oun-Strued as to compensate the Sheriff'of Elbert county for summonii/g
paid°for°6um-as tales jurors, persons who do not actually serve as jurors upon ffie
j™rorSBwhoaleB trial of any case or cases in the Courts of said county of Elbert^
do not serve. Sec. ii. Repeals conflicting laws.
Assented to December 17, 1861.
(No. 102.)
An Act to repeal An Act entitled An Act to authorize and require the
Justices of the Inferior Court of Decatur county to order the payment
of the Superintendents, Clcrhs and those who consolidate returns of elec-
tions of said county, for their services, assented to December 16, 1857.*
act one 4. section i. The General Assembly of the State of Georgia do en-
repeated, act, That from and after the passage of this Act, the above recited
Act be, and the same is hereby repealed.
Assented to December 17th, 1861.
* See Acts of 1857, p. 219.
(No. 103.)
An Act to compel non-residents to pay tax on Cattle and Sheep running
and grazing in the county of Colquitt.
5. section i. Be it --enacted by the General Assembly of Georgia,
teionghVto16 That from and after the passage of this Act, persons non-residents
gnrazing1nt,nts°f Colquitt county, owning and having Cattle and Sheep running
to'bo'pa'uiiiand grazing in said county, shall give in, and pay tax therein upon
said c°. guch 0attle and Sheep.
such cattle ^ec* And, be it further enacted, That any person or persons
Sboetaxedfailing or refusing to comply with this Act, shall be double taxed ;
ifnot given an(j the same collected as now prescribed by law under the general
tax law.
Sec. III. All conflicting laws repealed.
Assented to December 17, 1861.
(No. 104.)
An Act to prevent citizens of other States from driving Cattle or other
stock, into the counties of Murray arid Fannin, in the State of Georgia,
for the purpose of grazing, and to punish for the same.
non-resi- 7. section i. Be it enacted by the General Assembly of the State of
statenofto' Georgia, That from and after the passage of this Act, it shall not
telrMuyray be lawful for any person or persons being citizens of other States,
f° drive cattle or sheep, or other stock, into said counties, for the
graze. purpose of grazing.
8. Sec. ii. And be it further enacted, That if any person or per-
sons shall violate the provisions of this Act, he shall forfeit and
Penalty. pay gum Qf ^WQ d0j]ar8 per head, for each animal he may bring
thereto for the purposes aforesaid, to be collected by any Court
having jurisdiction of the same; said money when collected to be
PRIVATE AND LOCAL LAWS.—County Regulations. 105
Muscogee—Fannin.
paid into the County Treasury were such stock may be driven, to
be applied to county purposes.
9. Sec. III. Be it further enacted, That the officers of Court shall Fees of os-
have the same fees as in other cases; and also shall have power to gtodc ma
levy on said stock until the monies are paid. levied upon.
Sec. IV. Repeals conflicting laws.
Assented to December 14, 1861.
(No. 105.)
An Act to designate the place of holding sales by Sheriffs, Coroners, Ex-
ecutors, Administrators, Guardians and Trustees, in the County of
Muscogee.
10. Section I* The General Assembly of the State of Georgia do enr p Wicg j g
act, That in future all sales by Sheriffs, Coroners, Executors, Ad- to be held at
ministrators, Guardians/Trustees, and other fiduciary-agents, in the inOUMuaco|ts
county of Muscogee, shall be held and conducted at the Court-county"
house in said county.*
Sec. II. Repeals conflicting laws.
Assented to December 11, 1861.
° By Act of 10th December, 1847, it was made the duty of Executors, Administrators and
Guardians, to hold their sales at the Market House, in Columbus, instead of at the Court-house.
See Acts of 1847, Pamphlet, p*19.
(No. 106.)
An Act to prevent any person or persons from felling in timbers or otherwise
obstructing the current of Toccoah river in the county of Fannin, and
to punish offenders for the same.
11. Section I. Be it enacted, That from and after the passage ofpOT8ong pro_
this Act, it shall not be lawful for any person or persons, to fell
throw any timber in Toccoah river in the county of Fannin, so as ^°rccoah
to cause drifts in said river.
12. Sec. II. And be itfurthcr enacted by the authority aforesaid, That
any person who may hereafter violate the provisions of the first Penalty for
Section of this Act, shall be liable to pay the sum of twenty dol- TlpIa^lon-
lars; to be collected before any magistrate in said county; one half
to go to the person suing for the same, and the other half to go into
the County Treasury.
Sec. III. Repeals conflicting laws.
Assented to December 11, 1861.
106 PRIVATE AND LOCAL LAWS.—Education.
Ord'y. of Brooks may draw bal. educational fund'for 1860.—J. H. Wyly may draw fund for Habersliam.
TITLE VII.
EDUCATION,
Sec. i, Arrearages of School Fund due Brooks
county for I860, to be deducted from
general fund of 1861.
" 2. School Fund due Habersham county to
be drawn by John II. Wyly.
Sec. 3. Unexpended balance of School Fund of
Towns county to be turned over to
Relief Committee of Towns county.
" 4. Ordinary of White county required to
pay to C. II. Kytle $35, for teaching
poor children in 1858.
(No. 107.)
An Act to authorize the Ordinary of Broohs county to draw a balance of
the Educational fund due said county for the year 1860.
Whereas, The Ordinary of Brooks county was under duress a
portion of the year 1860, in consequence of his exposure to Small-
pox, by reason of which his Deputy was compelled to attend to the
Preamble, duties of the office; And Whereas, said Deputy being inexperien-
ced failed to make a correct return of the number of children in
said county, by reason of which failure the county was deprived of
its pro rata share of the educational fund, therefore,
1. Section I. The General Assembly do enact, That the balance
^hroo?fundofdue the said county of Brooks for the year 1862, out of the educa-
Brooks coun-tional fund, be set apart from said fund for the year 1861, before
fromtenemf the apportionment and division of said fund of 1861 ; and that his
rund of 1801. Excellency, the Governor, be authorized to draw his warrant on the
Treasury in favor of the Ordinary of Brooks county for the balance
thus due.
Assented to November 22, 1761.
Preamble.
(No. 108.)
An Act to authorize John II. Wyly to draw the Educational fund, of
Habersham county, and pay the same to the Board of Education of
said county.
Whereas, The Ordinary of Habersham county, is absent from
said county in the military service of the Confederate States :
2. Section I. The General Assembly do enact, That John H. Wy-
School fund ly be, and he is hereby authorized to draw the Educational fund of
uham county Habersham county for the year 1861, and pay the same to the
by JohnH.
Board of Education of said county ; and the State Treasurer is here-
Wyly' by authorized and required to pay the same to the said John H.
Wyly, and take his receipt therefor.
Sec. II. Repeals conflicting laws.
Assented to December 13, 1861.
PRIVATE AND LOCAL LAWS-^-Executors, Administrators, &c. 107
Balance of Educational fund of Towns co.—C. H. Kytle.—Chas. H. Johnson, Admr.
__ ______
An Act to authorize the Ordinary of Towns county to turn over to the.
Cha irman of the Relief Committee of said county, a balance of Educa-
tional funds in his hands, after paying certain accounts.
3. SECTION I. The State of Georgia in General Assembly , met do TJnexpei,(led
enact, That the Ordinary of Towns county, after paying all the
legal claims of Teachers for schools already taught, and after retain- ^"4°^
ing his lawful commission, he authorized to pay over the balance of
the Educational fund belonging to said county, to S. Y. Jameson,™^® °cfoun_
chairman of a Relief Committee of said county, or his successor, to ty.
be expended as said Committee may deem proper, for the benefit of
Volunteers and their families. * ■
Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
(No. 110.)
An Act to authorize the Ordinary of White county to pay C. II. Kytle
for teaching poor child?en in said county of White.
4. Section I. Be it enacted, That the Ordinary of White county ordinary of
be, and he is hereby authorized and required, before paying money ^requireTto'
on any other account, to pay CL H. Kytle the sum of thirty-five
dollars, out of the public school fund of said county, for teaching poor children
poor children in said county for the year 1858. in 18^8'
Assented to December 17, 1861.
Note.—For Act authorizing Moses Fornbv, a school teacher in Floyd county, to make re-
turn to the Ordinary of said county of poor children taught by him in 1861, and requiring him
to be paid, see Act No. 1X!-J, Title Relief,
TITLE VIII.
EXECUTORS, ADMINISTRATORS, ORDINARIES, &€.
Sec. I. Sale of lands of estate of Geo
" 2. Sale of lands of estate of Wm. William-
son, deceased, of Harris county.
•' 3. Ordinary of DeKalb county may grant
letters of Administration on estate of
Thomas H. Olivers to Harriet E. Chi-
vers, without requiring bond,
** 4. Ordinary may disrhiss her from said Ad
istration in case of her mismanagement
of the estate.
" 5. Wm. B. Taylor, of Florida, may have
letters testamentary under will of H.
L. Taylor, late of Randolph county,
deceased. He must give bond and se-
curity.
Dugan/Sec. 6. Said Executor may be made party to
suits pending against testator, by scire
Jiacias. Service how perfected. Costs
of publication.
7. Said Executor not to remove any of the
property of the estate out of Georgia.
8. Acts of G. J. Green, Clerk of Ordinary
of Spalding county, legalized.
9. Acts of Micajah Estes, Clerk of Ordina-
ry of Brooks county, legalized.
(No. Hi.)
An Act to authorize Charles II. Johnson, an Administrator on the estate
of George Duganr late of Spalding county, to sell the lands of said es-
tate, on thefirst Tuesday in December next.
Whereas, From the lateness of the flay On- which the order to
108 PRIVATE AND LOCAL LAWS.—Executors, Administrators, &c.
Adm'r. of the late William Williamsom.<—Estate of Thomas H. Chivers.
sell the lands of Georsre Dugan deceased, was granted to Charles H.
V "hi • 7 O
ream we. j0hnson} Administrator, it is impossible to advertise the length of
time now required by law, so as to sell said lands on the first Tues-
day in December next; And Whereas, It is important to said estate
that said lands be then sold, for remedy whereof,
1. Section I. Be it therefore enacted, fc. That Charles H. John-
sale of lands S011' Spalding county, administrator of said George Dugan, late
belonging to 0f said county deceased, be, and he is hereby authorized to sell the
estate of Geo. • -i ■» tit • • i • i • a it
eea!ed'de" s ^an"s belonging to said estate situated m Spaulding county, on
the first Tuesday in December next; and make titles to the same,
as though the sale had been advertised the length of time mow re-
quired by law; Provided, a notice of said sale be published in one
of the Griffin papers from the time of the passage of this Act,
weekly, until the sale.
Assented to November 26, 1861.
(No. 112.)
An Act to authorize the Administrator of the late William Williamson of
the county of Harris, to sell all the lands of the estate of the said William
Williamson, lying and being in the counties of Harris and Talbot, at
the Court-house in the co unty of Harris.
2. Section I. The General Assembly of the State of Georgia do en-
sateonands act, That from and after the passage of this Act, the Administrator
wm VS-e of the estate of the late William Williamson, of Harris county, be,
ceased, of and he is hereby authorized to sell all the lands of said estate lying
or being situate in the counties of Harris and Talbot, at the Court-
House of the county of Harris, on the first Tuesday in January
next; Provided, said sale has been, at the time of sale, advertised
the length of time now required by law for Administrators' sales,
and that all other legal requirements be complied with ; any law
to the contrary notwithstanding.
Assented to November 22, 1861.
(No. 113.)
An Act to authorize the Ordinary of DeKcdb county to grant letters of
administration, with the will annexed, on the estate of Thomas H. Chi-
vers, late of said county, deceased, to Harriet E. Chivers without the
necessity of her giving bond and security.
Whereas, The Executor of the last will and testament of Thorn-
as H. Chivers, late of DeKalb county deceased, since his qualific-a-
tion as Executor aforesaid, has died ; And Whereas, the Clerks of
Preamble, the Superior and Inferior Courts of said county have refused under
the appointment of the Ordinary of said county, to accept the ad-
ministration of said estate, and [to ?] give bond and security usual
in cases of administration, and the Ordinary of said county has been
unable to find any other fit and proper person who would accept
PRIVATE AND LOCAL LAWS.—Executors, Administrators, &c. 10&
Wm. B. Taylor, Ex'r.
said administration, leaving said estate without any legal represen-
tative, much to the injury of the same, and inconvenience to the
legatees and creditors of said Thomas H. Chivers; therefore,
3. Section I. Be it enacted, That the Ordinary of DeKalb coun-DeiTb^of
ty be authorized and empowered to grant letters of administration terJtfS* e"
with the will annexed, on the estate of Thomas H. Chivers, late of^estate of
said county deceased, to Harriet E. Chivers, the widow of said Chivera to
Thomas H. Chivers, without requiring of her the bond and securi-chirrs,E'
.ty required by the Statute in cases of Administration. quiring bond.
4. Sec. II. Be it further enacted, That it shall be the duty of the ordinary
Ordinary of DeKalb county to require the said Harriet E. Chivers heHrom said
to make her annual returns as administratrix upon said estate; and tion in case of
should it appear by Said returns, or otherwise, that the said estate meX"18,86-
is not being properly managed by said Administratrix, and the in-
terest and safety of the same are being jeopardized, he shall, upon
his own motion, discharge the said Harriet E. Chivers from said
administration. ^
Assented to December 3, 1861.
(No. 114.)
An Act to relieve William tB. Taylor, of the State of Florida, nominated
Executor of Henry L. Taylor, deceased, from legal disability on ac-
count of his non-residence, and for other purposes.
Whereas, Henry L. Taylor, late of Randolph county, in the
State of Georgia, departed this life leaving a last will and testament preamW
executed according to law, nominating thereby William B. Taylor,
of the State of Florida, as Executor; And Whereas, it is greatly de-
sired by the surviving family of said deceased, that the said nomi-
nated Executor shall prove said will and receive letters testamen-
tary in the premises :
5. Section I. Beit therefore enacted,, That the said William B.^ g
Taylor be, and he is hereby relieved from all legal disability result-Taylor aiiow-
ing from his non-residence; and that he be, and is hereby authoriz- letters testa-
ed to prove the said will; to receive from the Ordinary of said county der wilf of
of Randolph, who is hereby required to grant,the same, letters tes-tZjiJt *s-
tamentary, in the premises; and to do any and all things appertain-ft^ipheM.
ing to the execution of said will, in as ample a" manner as he could p'rovidea he
do if he were a citizen of this State; Provided, the said William B. give bond and
Taylor shall give bond and security residing in the county of Ran-seounty'
dolph, in double the amount of property belonging to said estate,.
as in the case of Administrators in this State.
6. Sec. II. Be it further enacted by the authority aforesaid, That Wm.
B, Taylor, Executor aforesaid, may be made a party to any suits atmaybfmtde
law or in equity instituted against the said Henry L. Taylor in his Bmt8 pending
lifetime, by scire facias to be directed to said Executor, his agent ortfr^scfre8"
Attorney at law or in fact,,which shall be served on said Execu-faciaB"
tor, his agent, attorney at law or in fact, as the case may be, if to
be found in the county of Randolph, by the Sheriff of said county;
110 PRIVATE AND LOCAL LAWS.—Executors, Administrators, &c.
Clerk of the Ordinary of Spalding county.
and in case the said Executor, his agent, attorney at law or in fact,
or either of them, are not to be found in said county, then service
perfected.have may be perfected by giving thirty days notice in any public gazette
published in said county ot Randolph, previous to the sitting of
the Courts to which such suit or other proceeding may be return-
able; and if no such gazettee is published in said county, it shall
be deemed a compliance with this Act, to publish the same in any
costs of pub-gazette in any adjoining count}' in this State ; the cost of said pub-
lication and service to be taxed against said Executor.
7. Sec. III. Provided, That nothing herein contained, shall be so
Executor not construed as to authorize the said William B. Taylor, Executor as
property of aforesaid, to remove any part of the estate of the said Henry L.
nnt nf v x 1/
Georgia. Taylor, deceased, beyond the limits of this State.
Sec. IV. Repeals conflicting laws.
Assented to December 17th, 1861.
(No. 115.)
An Act to legalize the proceedings of G. J. Green, Clerk of the Ordinary
of Spalding county.
Whereas, John D. Stewart, Ordinary of and for the county of
Spalding, appointed Gf. J. Green, his Clerk of Ordinary, and the
preamble. sa^ Green performed all the duties of said office from the first Mon-
day in July of the present year, up to the first Monday in October
of the present year, which was during the absence of the said John
D. Stewart, in the volunteer service of the Confederate States; And
Whereas, there is some doubt as to the legality of said proceedings;
for remedy whereof:
8. Section I. Be it enacted by the General Assembly of the State of
Green, clerk Georgia, That all the proceedings had before G. J. Green, as Clerk
of Spalding of the Court of Ordinary, in the county of Spalding, be held and
S?7'legal" adjudged to be legal and binding as though the same proceedings
had been had before John D. Stewart, the legally commissioned
Ordinary for said county.*
* Note—There seems to exist in the minds of many of the Ordinaries and Deputy Clerks of
Ordinary throughout the State, very erroneous ideas of the respective powers ana duties of
those officers. This has arisen from two causes; 1st, a too inattentive reading of the amend-
ment adopted in 1852 to the old Constitution; and 2nd, the ambiguous wording of the Act pass-
ed in the same year, to carry that amendment into effect by organizing the Court of Ordinary
under it. That amendment, which, with very slight modifications, has been incorporated in,
and forms a part of the new Constitution, is in the following language, to-wit:
"The powers of a Court of Ordinary or Register of Probates, shall be vesiedin an Ordinary
for each county, from whose decisions there may be an appeal to the Superior Court, undersuch
restrictions and regulations as may be, or may have been prescribed bylaw. The said Ordi-
nary shall be ex officio Clerk of said Court, and may appoint a Deputy Clerk. The Ordinary,
as Clerk, or his Deputy, may issue Citations and grant Temporary Letters of Administration, to
hold until permanent Letters are granted; and said Ordinary, as Clerk, or his Deputy,may grant
Marriage Licenses. The Ordinaries in and for the respective counties, shall be elected as oth-
er County Officers are, on the first Monday in January, Eighteen Hundred and Fifty-Two, and
every fourth year thereafter, and shall be commissioned by the Governor for the term of four
years; in case of a vacancy iu said ofiice of Ordinary, from any cause, the same shall be filled
PRIVATE AND LOCAL LAWS.—Executors, Administrators, &c. Ill
Clerk of Ordinary of Spalding county.
,9. Sec. II. And be it further enacted, That the acts of Macajah Actaof M;.
Estes, Deputy Olerk of the Court of Ordinary of Banks ^county, ^$oer!i
from the first of May last to the present time, in the abserice off^°4,un_
Elislia Ileaden, the Ordinary of said county, in the military service
of the Confederate States, be, and the same are hereby made legal,
and binding as though the same had been had before the legally
commissioned Ordinary of said county of Banks.
Sec. III. Repeals conflicting laws.
Assented to December 17, 1S61.
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."
By a careful reading of the above, it will be seen, that there is no such officer as '• Deputy Or-
dinary" The Ordinary is, ex officio, " Clerk of Ordinary;" and may have a " Deputy Clerk of
Ordinary," but cannot have a "Deputy Ordinary." The Ordinary, as such, may do certain,
Acts, among which are all the judicial acts performed by the Court; and the power to perform
these acts, lie caunot delegate to another; first, because the Constitution does not authorize him
to do so; and second, because it is an established principle of the common law, that judicial
powers cannot be delegated. As ex officio Clerk, the incumbent of the office of Ordinary, may
do certain acts enumerated in the Constitution, viz.: " may issue citations, snd grant tempora-
ry letters of administration to hold until permauent.letters are granted;" and " may grant mar-
riage licenses." The same acts may be performed by the " Deputj Clerk of Ordinary," but no
others; for instance, the person who holds the office of Ordinary, and by the Constitution and
laws is authorized to perform all the judicial duties of the office, when acting as Clerk of Court
cannot issue permanent letters of administration, nor admit a will to probate, nor grant an order
to sell land or negroes, nor sit upon and decide any issue in the pourt of Ordinary, any more
than a Clerk of the Superior Court could do the judicial duties of the Judge of that Court.—
These acta can be done by hiin only when acting as Ordinary, that is, when sitting as a Judge
of his Court, at a regular term.
If the Ordinary die, or resign, the " Deputy Clerk of Ordinary," if he had one, ceases ^o be
such, both in accordance witn that principle of the common law which declares that, on the
death of a priucipal, the agent, or deputy, loses his powers to act as such, and because it is ex-
pressly provided in the last clause of said amendment, that in case of a vacancy in the office of
< Ordinary, " until the same is filled, the Clerk of the Superior Court for the time being, shall act.
as said Clerk of (frdinary." When a Clerk of the Superior Court, in this way, becomes "Clerk
of Ordinary," iie can as such, do th >se acts only which the Ordinary, had there been no vacan-
cy, as " Clerk of Ordinary," or his " Deputy Clerk of Ordinary," could have done, and no others.
• From the ambiguous language of parts of the Act of January 21, 1852, [Laws of 1851-2, p.
91.] it is not surprising that the impression has been made upon ininds not accustomed to the'
close scrutiny, nor possessing the legal acumen of the thorough bred lawyer, that there is such
an officer as " Deputy Ordinary." In the 14tli Section of the Act, after providing that the Ordi-
nary •' ehull give bona and security, in the sum of two thousand dollars, for the faithful discharge
■of his duties as a Clerk," it is enacted, that " said Ordinary shall have power to take bond and
security, from his Deputy, for the faitiiful performance of his duty as such." This latter clause
is calculated to mislead the mind and to leave the impression upon it, that the bond is to be ta-
ken of a Deputy Ordinary, whereas the intention was to authorize a bond to be given by the
" Deputy Clerk of Ordinary." Again, in the next section, after prescribing the official oath to
be taken by each Ordinary, (not merely as Clerk of Ordinary, for no separate oath is required
of him as such,) it is provided, that " each and every deputy appointed under the provisions of
this Act, shall take and subscribe a similar oath." If he does "take and subscribe a similar
oath," be swears that he will " well and faithfully discharge the duties of Ordinary"—or Dep-
nty Ordinary—"for the county of," &C., which certainly was not intended to be required of him;
but that he should take an oath that he will " well and faithfully discharge the duties of" Dex
puty Clerk of Ordinary " for the county of," &c.
112 PRIVATE AND LOCAL LAWS.—Internal Transportation.
Brunswick & Florida Railroad Company.
TITLE IX.
INTERNAL TRANSPORTATION.
Sec. 1. Acts of Southern Stockholders and
Board of Directors of B. & Fla. R. R.
Co. legalized;
" 2. Name changed to Brunswick and Al-
hany R. R. Co.
" 3. All rights and privileges under old
name extended to Company under new
name.
" 4. Suits to proceed under new name.
" 5. Road never to be abandoned or de-
stroyed without consent of Southern
stockholders.
" 6. City of Brunswick may be released
from her subscription to stock in Com-
pany.
" 7. Reorganization of the Company.
Sec. 8. Extension of S. A. & G. R. R. to
Tybee Island.
" 9. Tax on extension.
'' 10. Right of way.
" 1J. Track of C. R.Road may he connected
with track of S. A. & G. R. R. Rates
of freight and passage.
" 12. The C It. It. & Banking Co. or the S.
A. &. S. It. It. Co., or both jointly,
may connect the tracks of the two
Roads at Savannah.
" 13. If Mayor and Aldermen of Savanuah
object, track to run round the city.
" 14. Connecting track to be the property of
the Company constructing it.
(No. 116.)
An Act to legalize the proceedings of the Southern Stockholders of the
Brunswick Florida Railroad Company ; to change the name of said
Company, und to amend the Act of incorporation ; to extend the charter
thereof and to facilitate the building thereof
Whereas, owing to the existence of the war, and the President
and a majority of the Directors of the Brunswick and Florida Rail-
road Company, being inhabitants of the enemy's country, and hav-
ing all the assets, books, and records of the Company in their
preamble, possession, and the subordinate officers and employees being with-
out authority or direction how to proceed, or the means to keep
up the Road and the running of the trains, or to protect the prop-
erty, the Chief Engineer in charge did, on the day of
call a meeting of the Stockholders, to assemble in Brunswick on
the 25th day of September last; And whereas, a large majority of
the Southern owners of stock, did assemble in pursuance of said
call, and elect a Board of Directors, all citizens of the State of
Georgia, to take charge of the interests, and to manage the affairs
of the Company, until such time as the Legislature can be applied
to, to afford relief.
1. Section I. Be it therefore enacted, That the acts of the Stock-
Acts of South holders of the Brunswick and Florida Railroad Company, and the
era stock- . . i /»
BoarTVd\-ac^s °* ^ie B°ar(l of Directors, at their meeting on the 26th day ol
getoMof thegeptember last, be, and they are hereby ratified, confirmed, legal-
r^co. iegai-ized, and made valid to all intents and purposes.
Name ®ec* ^further enacted, That the name of the Brunswick
changed to and Florida Railroad Company, be changed and altered to the
Ra1iroaduy L runs wick and Albany Railroad Company, to take effect from the
company, passage of this Act.
3. Sec. III. Be itfarther enacted, That all the powers, rights, and
PRIVATE AND LOCAL LAWS.—Internal Transportation. 113
Savannah, Albany &. Gulf Railroad Company.—Central Railroad and Banking Company.
privilege heretofore granted to the Brunswick and Florida Rail-priVulge8aild
road Company, by the original charter and the Acts amendatory charetedld
thereof, be and they are hereby continued and confirmed to thefS/S
Brunswick [and Albany?] Railroad Company, for thirty years from^£^
and after the passage of this Act.
4. Sec. IV. Be it further enacted, That all suits in favor of andguit8t0 pro_
against the Brunswick and Florida Railroad Company, may be^sn^®r
prosecuted in the name of the Brunswick and Albany Railroad
Company, without amendment or further pleading.
And whereas, The said Brunswick and Florida Railroad Company
was chartered to aid and advance the general, agricultural, uianu-Preamble_
factoring, and commercial interests of the State of Georgia, by
opening up an easy access to the port of Brunswick, to the com-
merce of the State; now, therefore, to prevent the object thereof
from being at any time defeated, Ran.
-3. Sec. V. Be %t enacted., That this Road shall never be aban-tu beaban-
doned nor destroyed without the consent of a majority of the indi- troyed with-
vidual Southern Stockholders of said Company. soVhernntof
G. Sec. VI. Be it further enacted, That the present Board of Di- ^ock|lolders-
rectors, or any future Board who may be elected, shall have power may release
to release the city of Brunswick from her subscription of fifty Brunswick
thousand dollars, or any part thereof, which she has heretofore scrijition of
• • .$50 000 to
made to the capital stock of said Company, and for which stock of
she has issued her bonds now in the hands of Northern
officers of this Company; and that thereupon said city shall beRoftdnofcto
forever released from the payment of said bonds or the interest there-iw
on, to said Company, or to the holders, being now alien enemies ; Pro-on such sub-
vidtd, That this shall not be applicable to any bond which may have
been bona fide transferred to any person other than an alien enemy, to bonds in
prior to the declaration of war; Provided, That nothing hereinnohnt^hobT
contained shall be so construed as to defeat any right of the Con-«"emies.aie
federate States or of the State of Georgia. Confederate
7. Sec. VII. Be it further enacted, That said Brunswick and ^]_statessaved-
bany Railroad Company, may be reorganized at any time by theReor„aniza
Stockholders, upon the call of any two of the present Directors.*"onofco.
Sec. VIII. Repeals conflicting laws.
Assented to December 16, 1861.
* For AoN relative to the Brunswick and Florida R. R., see Acts of 1835, p. 187, 216; Acts
of l^S-h p. l'.;7 ; Acts of 1847, p. 184; Acts of 1851-2, p. 128; Acts of 1853-4, p. 406, Acts of
1855-0. p. 186.
(No. 117.)
An Act to authorize the Savannah, Albany and Gulf Railroad Com-
j>anij to extend its track to Tybee Island, upon certain canditions ; and
to authorize the Central Railroad and Banking Company of Georgia
to extend its track and transport freight and passengers over said line
to Tybie Island.
S Section I. Beit enacted, That the Savannah, Albany and Gulf
Railroad Company, is hereby authorized to extend its track, from
8
114 PRIVATE AND LOCAL LAWS—Internal Transportation.
.Savannah, Albany &■ Gulf Railroad Company—Central Railroad & Banking Company.
l! & g any point at, or in the limits of the city of Savannah, to Tybee
vybeeis- Island ; and the said Company shall have for those purposes, all
Jaud- the rights and powers conferred by its charter of incorporation,
and the Acts amendatory thereunto.
9. Sec. II. Be it further enacted, That the capital stock issued for
toided ««i. ^e construction of said extension, shall be liable to such rates of
taxation as may be fixed, from time to time, for all other like prop-
erty in this State.
10. Sec. III. Be it further enacted, That in all cases when it shall
®f be necessary to use private property in the construction of said
Railroad, the Company shall be liable for the right of way, which
images, shall be ascertained in accordance with the laws now in force in ac-
cordance with the laws now in force in relation to the samejand that
SraSsucii at the crossings made by the Company, of any way of travel, or
--^dthat of commerce, whether on land or water, the said Company shall
SX obltruut- construct such adequate works as will leave the same free to the
,6d- unobstructed enjoyment and use of all persons.
11. Sec. IV. The General of Georgia Assembly do further enact,
That it shall be lawful for the Central Railroad and Banking Com-
Tra* of Pany of Georgia, and that Company is hereby authorized and em-
central Road powered to extend the track of the Central Railroad, and to ioiti
may connect L
Aa&G a unite the same with the track of the said " The Savannah, Al-
bany and Gulf Railroad Company," at, in, or near the city of Sa-
vannah; and when the track to Tybee Island shall be completed, the
said " The Savannah, Albany and Gulf Railroad Company," shall
not make any discrimination or regulation, in its charges and rates,
against the said "The Central Railroad and Banking Company of
Georgia," nor give any preference to its own transportation, whether
of freight or passengers, over that of said Central Railroad and Bank-
ing Company of Georgia ; but that all things sent by the said " The
Central Railroad and Banking Company of Georgia," shall be
Rates of* transported over the line to Tybee, at the same rates, and all pas-
sengers from the Central Railroad shall go at the same rates that
i5b^.louto shall be charged by the said "The Savannah, Albany and Gulf
Railroad Company, on things and passengers coming from the Road
of the said Savannah, Albany and Gulf Railroad Company.
Assented to December 11,1861.
(No. 118.)
. An Act to authorize the connection of the Railroad of the Savannah,
Albany and, Gulf Railroad Company with the Railroad of the Central
JSlailroad and Banking Company of Georgia, by a track running
vtlirmigh, or around the city of Savannah.
r-camue Whereas, There exists an absolute military necessity at this
time to connect the aforesaid Roads:
Tiwa r. it- I S- Section I. The General Assembly of the State of Georgia
fiiht hereby enacts, That it shall and may be lawful for the Central Rail-
fiiif,:f moyJ'oad and Banking Company of Georgia, or the Savannah, Albany
nwoaect ^"- an(] Gulf Railroad Company, or for both of said Companies, jointly,
PRIVATE AND LOCAL LAWS—PATROLS. 115
—, . —,—,—in 1
Patrol Laws amended.
to construct, maintain, use, and enjoy a Railroad track, joiningtractg of%he
the tracks of said Railroads, in the city of Savannah, with the slva^Sf.8afc
assent of the honorable, the Mayor and Aldermen of the city of
Savannah.
13. Sec. II. And it is further enacted, That if the assent, of the if Mayor ana
iait p i • p-\ ii iji Aldermen of
Mayor and Aldermen of the city of toavannah be not granted, then
it shall be lawful for either dr both of said Companies to construct,
maintain, use, and enjoy a track outside of the limits of the city of
Savannah, joining the aforesaid Roads.
14. Sec. III. And it is further enacted, That if the said junction cpnnecting
track sahll be constructed by the Central Railroad and Banking pVt of the
Company of Georgia, then the same shall be part and parcel of the structing it.
Central Railroad, to all intents and purposes whatsoever; and if the
same be constructed by the Savannah, Albany and Gulf Railroad
Company, then it shall be part and parcel of the said Savannah*.
Albany and Gulf Railroad, to all intents and purposes whatsoever.
Sec. IV. Repeals conflicting laws.
Assented to December 17, 1861.
TITLE X.
PATROLS.
Sec. I. Patrpr laws amended, as to Dade county.
(No. 119.)
An Act to alter the Sixth Section of An Act to amend the Patrol Laws
of this State, approved February 20th, 1854.*
Section I. Be it enacted by the General Assembly, That the pro-
viso of the sixth Section of An Act to amend the Patrol laws oft0abAAP"
this State, approved February 20th, 1854, be altered so as not.toamendei
include the county of Dade, and that the .provisions of said Act ex-
tend to the county of Dade.
Sec. II. Repeals conflicting laws.
Assented to December 11, 1861.
* Acts of 1053-4, p. 103.
116
PRIVATE AND LOCAL LAWS.—Physicians.
Physicians and Millers in Jefferson county.—Eclectic Board of Physicians.
TITLE XL
PHYSICIANS.
Sec. I. Practicing Physicians and Millers in Jef- Sec. 2. Electic Board of Physicians established.
ferson county, exempt from military " 3. Board to be located at Athens, Georgia,
duty.
(No. 120.)
An Act to exempt Practicing Physicians and Millers in the county of
Jefferson, from Military duty, and for other purposes.
1. Section I. The General Assembly of Georgia do enact, That all
physSfa practicing physicians and millers in the county of J efferson be, and
jeffCTsonr con they are hereby exempt from all military duty,
muitut'duty™ Sec. II. Repeals conflicting laws.
Assented to December 17, 1861.
(No. 121.)
An Act to constitute an Electic Board of Physicians to examine and li-
cense young men to ;practice medicine upon the Eclectic system, and to
locate the same in the town of Athens, Georgia.
2. Section I. Be it enacted by the General Assembly of the State of
Georgia, That I. J. Goss, of Jackson county, M. P. Alexander, of
^tfbifahed"'®all county> J* B. Beecham, of Franklin county, Travis Latner,
of White county, H. S.Brady, of Madison county, and their sue-
cessors in office, be, and they are hereby constituted an Electic
Board of Physicians, to examine and license young men to practice
medicine upon the Electic or Progressive system; and the said
Board shall conform to the same rules and regulations as are provi-
ded for the government of the Alopathic Board of Physicians, lo-
cated at Milledgeville, Ga.
3. Sec. II. Be'it further enacted, That said Board shall hold its
Board tote sessions annually, in the town of Athens, Ga., on the first day of
Atw,aG«. April, and shall continue in session as long as may be necessary to
transact the business of said Board.
Eclectic Bd.
Assented to December 19, 1861.
PRIVATE AND LOCAL LAWS—RELIEF.
117
Widow of A. J. Boggess.—Mrs. M- Dillon.
TITLE XII.
RELIEF.
•Sec. I. $504,80 appropriated for relief of the
widow of a. J. Boggess, late Surveyor
General.
" 2. $33,47 to Mrs. Margaret Dillon.
" 3. Moses Formby, of Floyd county,.
" 4. $4,40 appropriated for relief of Abner
Hern. $13,30 for relief of W. J. Bush,
" 5. Conditional appropriation for relief of
Wesley Shuffield.
Sec. 6, Official' acts as Deputy Sheriffs of Sunil-
ter county legalized.
" 7. Sessions and proceedings of Courts in
which they officiated as such Deputies
legalized.
" 8. Gabriel Toombs to pay taxes in Chatta-
lioochee county.
(No. 122.)
An Act to authorize arid require His Excellency the Governor, to draw
his warrant on the Treasurer of this State, in favor of the widow-of
A. J. Boggess, late Surveyor General, for the sum offve hundred and
four dollars and eighty cents, and for other purposes!
Whereas, A. J. Boggess, late Surveyor General of this State,
after making all necessary arrangements to secure the faithful,
prompt and efficient discharge of the duties of his said office, did,
with the concurrence ofthe Governor, enter the ranks of our arrny,Preamble*
as a private soldier, paying his o\Vn expenses; And Whereas, after
participating in the struggle with the enemy, on the plains of Ma-
nassas, with distinguished gallantry, which he survived, was, from
his untiring efforts and exposure in relieving the wounded after'tlie
battle, stricken down with fever, which resulted in his death, on
the fifteenth day of August last; And Whereas, it is the true policy
of this State to signify, in some way, her approval of such instance?
of true heroism and self denial as displayed in the conduct of thitf
officer; And Whereas, he has left a,widow and children who were
dependant upon his personal efforts for the means of maintenance
and education of which they are now deprived :
1. Section I. Be it enacted, by the General Assembly of the State *f 80 a
Georgia, That the Governor be and he is hereby authorized and in- propriatcd for
structed, to draw his warrant on the Treasurer of this State, in fa-°wof a. j. ,
vor of the widow of said A, J. Boggess, late Surveyor General ofd^M'
this State, for the sum of five hundred and foiir dollars and eighty
cents; which amount the said officer would have been entitled to,
had he continued in life and discharged the duties of said office un-
til the expiration of the term for which he was elected.
Sec. II. Repeals conflicting laws.
Assented to December 12th, 1861,
118 PRIVATE AND LOCAL LAWS.—Relief.
Mrs. M. Dillon.—Moses Formby.—Abner Hearn and Wesley Shuffield.
(No. 323.)
Preamble.
An. Act for the relief of Margaret Dillon, administratrix of the estate of
Michael Dillon, all of Chatham county.
2. Section I. Be it enanted by the General Assembly of the State of
3344 Georgia, That his Excellency, the Governor, be, and he is author-
priated for re- ized to draw his warrant on the Treasury of this State, lor the sum
ii. Diiion1.8' of thirty-three dollars and forty-seven cents, in favor of Mrs. Mar-
garet Dillon, administratrix of the estate of Michael Dillon, of
Chatham county, deceased ; which said sum was paid by the ad-
ministratrix aforesaid, to the Tax Collector, of Chatham county, in
the year 1857, in excess of the just and legal claim for taxes against
said estate, upon a true return made of the property thereof.
Assented to December 9, 1861.
(No. 124.)
An Act for the relief of Moses Formby, of the county of Floyd, a school
teacher, under the Acts in relation to common schools.
Whereas, Moses Formby has been engaged in teaching a school
in the county of Floyd, during the year .1861, many of whose pu-
pils are entitled to the benefit of the Act, for the distribution of
the common school fund ; And Whereas, the said Formby, from a
want of knowledge of his duty, has failed to render to the Ordinary
of Floyd county a list of his pupils entitled to the benefit of said
fund, in accordance to the law, and is about to suffer loss on that
account:
3. Section I. Be it therefore enacted by the General Assembly of the
Moses Form- State of Georgia, That the said Moses Formby, be now permitted to
te7acherchm°ay make his return of indigent scholars, taught by him in the year
retum of5hls 1861, to the Ordinary of Floyd county, and that he be allowed to
taughtbv participate in said common school fund, as though his returns had
and'receive' been regularly and legally made.
his pay. gEC> jp Repeals conflicting laws.
Assented to December 17, 1861.
(No. 125.)
An Act for the relief of Abner Hern, of Miller county, Wesley Shuffield,
and William J. Bush, of Early county, and to appropriate money for
the same.
Whereas, Owing to a misunderstanding as to the true line be-
Preamble, tween the counties of Early and Miller, Abner Hern has been com-
pelled to pay taxes in both counties :
4. Section I. Be it enacted, that four and 40-100 dollars be, and
^fated for re- h hereby appropriated out of the Treasury of this State, to said
HeImf Abner Abner Hern, the same being the amount paid by him for taxes for
$ 13 30 for re- the year 1860, to the Sheriff of Early county,* and the sum of thir-
jffBuah^in' teen dollars and thirty cents to William J. Bush, of the county of
PRIVATE AND LOCAL LAWS.—Relief. 1X9
Augustus B. Raiford and Sterling Glover.
Early, the same being the amount paid by him, after paying his
taxes in Miller county for the year 1860.
5. Sec. II. And be it further enacted, That the Governor draw his Cond;ticTIB?
warraut on the Treasury in favor of Wesley Shuffield, of Early
county, for such money as he was compelled to pay as State tax in g^Bley Shss£"
the county of Miller, in 1860, upon the said Shuffield satisfying the
Comptroller General and Governor, of the amount of State tax so
paid in Miller county.
Sec. III. Repeals conflicting laws.
Assented to December 14,. 1861,
(No. 126.)
An Art to make valid the doings and actings of Augustus B. Raiford and
Sterling Glover, as Deputy Sheriffs oj the county of Sumter.
Whereas, Samuel Dawson ;was duly elected Sheriff of the couH-
ty of Sumter, on the :— day of January, 1860, and after being coffi-
missioned and before his term of office had expired, he appointed'
Augustus B. Raiford and Sterling Glover, who were duly qualified
and proceeded to discharge the duties-of said office ; And Whereas,
since then, the said Samuel Dawson has been regularly commission-Preamlfes-
ed as an officer in a volunteer company and is now doing duty as.
such in the army of the Confederate States, in Virginia, without
having, at any time, formally resigned his commission as Sheriff
aforesaid, and since his absence his said Deputies have continued
to discharge all of the duties incident to the office ofSheriff in said
county; And Whereas, doubts have arisen as to the legality of the
official acts of said Deputies, and much litigation is likely to grow
out of it, for remedy whereof:
6. Secton I. Beit enacted, That all of the official acts of Augus-Acts or a*®.
tus B. Raiford and Sterling Glover, as deputies of Samuel Dawson, st'erung0rdfe
late Sheriff of Sumter county, be, and the same are hereby made le^ed!6*
gal and valid, both in law and equity, to all intents and purposes,
any law, usage or custom to the contrary notwithstanding.
7. Sec. II. Bs it further enacted by the authority aforesaid, That theCrmrtg ^
several Courts held in said county of Sumter since the absence
their principal, the said Samuel Dawson, and in which they, the^^j®4
said Raiford and Glover, or either of them, officiated as Deputy
Sheriffs, be, and the same are hereby declared to be regular Courts;
and all of the judgments, orders, decrees, and all other proceedings
of said Court are hereby made valid and legal, and shall not herhr-
after be ever called in question, or. disputed, on account of any ir-
regularity in the office of Sheriff as aforesaid; any law, usage or
custom to the contrary notwithstanding.
Assented to December 17, 1861.
120
PRIVATE AND LOCAL LAWS.—Rivers and Dams.
Gabriel Toombs.—B. P Key may keep up a dam across the Ocmulgee river.
(No. 127.)
An Act for the relief of Gabriel Toombs.
Whereas, The General Assembly of the State of Georgia, at the
annual session in 1856,* in passing An Act for the relief of John
Woolfork and William Woolfork, by making their plantations in
preamble. county of Chattahoochee, part of Muscogee county, did, unin-
tentionally, create great doubt and confusion as to the boundaries of
Chattahoochee county, and did thereby excite conflicting claims for
taxes from Gabriel Toombs, a planter in said county of Chattahoo-
chee, the same taxes being demanded of him by the Collectors of
Muscogee and Chattahoochee; And Whereas, redress from these
conflicting claims is difficult, if not impossible to be had through
the Courts, and no citizen should be thus troubled and injured:
8. Section I. Be it enacted by the General Assembly of the State of
Gabnei Georgia, That the Tax Collectors of the county of Muscogee shall
pay tax iu not demand or receive of said Toombs any taxes for the year 1861,
chee county, or previous year or future years ; and that he shall pay taxes only
to the Collectors of Chattahoochee county, whose receipts shall be
a sufficient discharge in all cases.
Assented to December 3, 1861.
0 See Acts of 1855-6, p. 134, for this Act.
TITLE XIII.
RIVERS AND DAMS.
Sec, 1. B. P. Key allowed to erect a Dam across Oemulgee River on his own lands in eoun-
ties of Jasper and Butts,
(No. 12S.)
An Act to authorize B. P. Key of the county of Jasper, his heirs and
assigns, to extend and keep up a Dam across the Ocmulgee River, at
his mills on his own lands, in the counties of Jasper and Butts.
1. Section I. The General Assembly do enact, That B. P. Key
B.p.Key of the county of Jasper, his heirs and assigns be, and they are
erect a dam e hereby authorized to extend and keep a dam across the Ocmulgee
Eiverwnu °ee River at his mills, on his own lands, in said counties, so as to raise
a two and half foot head of water, for the purpose of propelling saw
and grist mills, and such other machinery as the conveniences of
the country may require; Provided, The raising of the above head
of water does not cause the water to overflow and damage the land
of any other person or persons; And provided further, That said dam
PRIVATE AND LOCAL LAWS—ROADS.—Slaves, &c. 121
Road Laws in Camden qounty amended.'—Elmira Mathews.
shall be so arranged by lock or slope, as not to prevept the pas-
sage of fish up said river, from the first of November to the first
of May, any law to the contrary notwithstandidg.
Assented to December 12,1861.
TITLE XIV.
ROADS.
(No. 129.)
An Act to amend an Act assented to the 19th day of December, 1860* in
relation to the Road Laws of Camden county; also to repeal an
Act entitled An Act to authortze the Inferior Court of Early county to
levy a Road Tax, approved December VSth, 1859.t
Section I. The General Assembly do enact, That the Pr0Vi"Actofl9
sion in the first Section of said Act in relation to Cumberland t>^c. m
Island be, and the same is hereby repealed. pea
Sec. II. And be it further enacted, That an Act entitled an Act tofDec
to authorize the Inferior Pourt of Early county, to levy a' 'Road is®i8», r£
Tax, be and the same is hereby repealed. pealed'
Assented to December 17, 1861.
• Acts 1800. p. 223.
t Acts of 1850, p. 367.
TITLE XV.
SLAVES AND FREE PERSONS OF COLOR.
Sec. 1. Elmira Mathews, a free person of iSec. 2. Mode of perfecting the sale.
color, may sell herself into slavery to '• 3. Order of sale to be recorded—Clerk's
Jno. J. Doherty. (• fee.
(No. 130.)
An Act to authorize Elmira Mathews, a, free person of color, to sell her-
self into perpet ual slavery.
Section I. The General Assembly do enact, That Elmira ElmiraMath.
Mathews, a free person of color in .Grreene county, be, and she is o^col_
heraby authorized to voluntarily become'the slave.of John J. Do-f^y,*^
herty for life. ' ^
Sec. II. That in order to carry into effect the first section, of this
122
PKIVATE AND LOCAL LAWS.—TAX.
Tax for county purposes in Butts county.
Mode of ver-Act, the said John J. Doherty and the said Elmira Mathews shall
go before the Justices of the Inferior Court, or a majority of them,
in said county, who shall faithfully and fully examine her as to her
willingness to become the slave for life of said John J. Doherty;
and upon being satisfied of the same, they shall pass an order to the
effect that said Elmira Mathews be held, deemed and considered the
slave of said John J. Doherty, for and during her natural life, sub-
ject to all the incidents of slavery, except the liability of being sold
during the lifetime of said Doherty, by himself or his creditors for
his debts: The sole consideration for which voluntary enslavement
on her part, shall be the obligation thereby incurred by her master
of feeding, clothing and protecting her.
Sec. III. It shall be the duty of the Clerk of the Inferior Court
torberrecor-le record said order on the minutes of the Court as evidence of title;
ded- also, to record the same in the book kept by him for recording
other evidences of title to personal property ; for which the said
John J. Doherty shall pay a fee to said Clerk of five dollars.
Assented to December 17, 1861.
ifying the
eale.
Considera-
tion.
TITLE XVI.
TAX.
Sec. 1. Levy of county tax in Butts co.. in!861
legalized.
" 2. Inferior Court of Coweta county on
recommendation of Grand Jury, may
levy a county Tax for relief of indi-
gent soldiers and their families.
" 3. County Tax not to exceed 100 per cent,
on State Tax. Property of privatt
soldiers exempt from this Tax.
" 4. Collection of such Taxes, and fees ot
Collector.
" 5. Extra Tax in Stewart county, on ac-
count of soldiers in service. Such
Tax not to exceed 30U per cent, on
State Tax.
" 6. Soldiers in service whose taxable prop-
erty is not over $2,000, exempt lrom
this Tax. Executions not to be issued
for collection of this Tax on property
of soldiers till 6 months after the Tax
is to be collected.
" 7. Commissioners and their duties.
8. Collection of such Tax.
" 9. Certaiu credits to be allowed.
" 10. Taxes assessed in 1861, legalized.
" 1L. Extra Tax in Sumter county on account
of soldiers. Such Tax not to exceed
300 per cent, on State Tax.
" 12. Two setts of Tax Books to be made
out.
" 13. Collectors to be appointed.
" 14. Duties of Collector. Executions for
Tax,
Sec.
15.
16.
17.
18.
19
20.
21.
22.
23.
24.
25.
26.
27.
28.
. Disbursement of the funds raised by
such Tax.
Advancements by citizens to be re-
funded.
Inferior Court to settle with Belief
Committee.
Certain tax payers to be allowed cred-
its.
Soldiers whose taxable property does
not exceed $2,000, exempt. Tax exe-
cutions.
This Act to continue in force during the
War, or till altered or repealed.
Extra tax in Tattnall county, on ac-
count of Soldiers in service. Discrim-
ination in favor of those who have con-
tributed to soldiers.
After assessment for first year, tax to
be equal according to taxable property.
Disbursement of such Taxes.
Treasurer to give bond. Duties of
Treasurer.
No taxes to be assessed in Ware CO.,
for building Court House till the war
closes.
Application of tax money heretofore
raised in Ware to build Court house.
Act of 19 Dec., 1859, repealed as to
Wilcox county.
Extra tax in Whitfield county on ac-
count of soldiers iu service.
(No. 131.)
An Act to legalize and make valid the levying of a Tax for county jpur-
poses, for the county of Butts, for the year 1861, and to authorize its
Collection.
1. Section I. Be it enacted by the General Assembly of the State of
PRIVATE AND LOCAL LAWS.—Tax.
123
Extra Tax in Coweta.—Extra Tax in Stewart.
Georgia, That, whereas the Inferior Court of the County Butts,
did levy a tax for County purposes, for the year 1861, without re- county tax in
commendation from a Grand Jury, the same is hereby made legal
and valid; and that all the laws now of force for the collection ofsaIlzed"
Taxes be, and the same are hereby declared to be in force for the
collection of said Taxes.
Sec. II. Repeals conflicting laws.
Assented to December 11, 1861.
(No. 132.)
An Act to authorize the Justices of the Inferior Court of Coweta county,
from time to time, to authorize the levying and collecting of such taxes,
in so id county, as are her em-after provided, for the purposes herein pro-
tided , and for no other purposes whatever ; which shall he known and •
designated, as a tax for the purpose of supporting the indigent families
of soldiers, who have, or may hereafter go into the actual service of the
country ; and also for the support of such indigent soldiers who have,
or may hereafter return home from such service, either in a crippled or
disabled condition.
2. Section I. Beit enacted by the General Assembly of the State of
Georgia, That it shall, and may be lawful for the Inferior Court of
Coweta county, to levy and collect an extra tax upon the State Coweta coun-
tax, for the purpose contemplated in this Bill, to-wit: That it shall mendation of
be the duty of the said Court to levy, upon the recommendation may levy I
of the Grand Jury of said county, at their Spring Term, and cause fofreiLfof
to be collected, such amounts of Taxes as may be necessary for diers and
j. 1 j. 1 • j_i • * j. their families.
the purposes contemplated in this Act.
3. Sec. II. And be it further enacted, That the said Justices shall Thfi
not be allowed to levy and collect in any one year, for said pur- tax not to 7ex-
ceed 100 pgf
poses, more than 100 per cent, on the State Tax. The property of ct. on State
soldiers now in the service, or may hereafter go into such service1, Property ^f
is, and shall be exempt from the provisions of this Bill, except that diera exempt
n r, ■ . T from this tax.
ot Commissioned Officers.
4. Sec. III. And be it further enacted, That the Justices of said Collection of
Court, shall have the Taxes contemplated by this Act, collected by S^s omoifec-
the Collector of State and County Taxes of said county, whose °r'
fees shall not exceed per cent, on said amount.
Sec. IV. Repeals conflicting Laws.
Assented to December 12, 1861.
(No. 133.)
An Act to direct and empower the Inferior Court of Stewart county to
levy, collect, and disburse ah extraordinary tax for the support of the
indigent families of such soldiers as have gone, or may hereafter go into
the service of the Confederate States or the State of Georgia, and to
appoint- Commissioners for the disbursement of said lax, and to legalize
the orders or judgments of the Inferior Court of said county, which levied
an extraordinary tax for the year 1861, and provide for the collection
of the same.
5. Section I. Be it enacted by the General Assembly of the State of
124
PRIVATE AND LOCAL LAWS.—TAX.
Extra Tax in Stewart county.
Georgia,, That from and after the passage of this Act, the Inferior
Extra taxin Court of Stewart county shall have power to levy a sufficient tax,
county for upon the State tax, from year to year, during the continuation of
soldiers. pregen-£ war) to raise such an amount as they and the Commis-
sioners to be hereafter provided for, shall in their judgment, deem
sufficient to provide for the necessary wants of the indigent fami-
lies of such soldiers as have gone, or may hereafter go into the ser-
Taxnottoex-vice of the Confederate States or the State of Georgia ; Provided,
cent, on&tata such tax shall not exceed three hundred per cent, on the State tax.
tax* 6. Sec. II. And be it further enacted, That all persons in actual
emTfrom61" military service of the Confederate States or State of Georgia,
sucn tax. whose taxable property cloes not exceed twro thousand dollars, shall
be exempt from the payment of said tax; and that no execution
Executions shall be issued against the property of any person who is in actual
of such tax. military service, as a default tax payer, for six months after the
expiration of the time allowed for collecting said tax.
7. Sec. III. And be it further enacted, That the Inferior Court of
commission- said county shall have power to appoint five or seven Commission-
duties"d their ers, whose duty shall be to enquire into, and report to said Inferi-
or Court by the first Monday in March, for each and every year
during the war, the amount necessary for the purpose heretofore
named, and superintend the disbursement of said funds as they, in
their judgment, shall deem best.
8. Sec. IV. And be it further enacted, That the Inferior Court in
connexion with the Commissioners, or a majority of said Com-
missioners, shall have power to contract with the Tax Collectors
of said county, or some other person, as they in their judgment,
fujiftaxes.of shall deem best, for the collection of said tax ; and said
Collectors thus appointed, shall have all the powers now vested
in Tax Collectors, and be liable to all the penalties now
imposed on Tax Collectors of this State for failing to perform the
duties of their office; and said Collectors shall be required to give
such bond and security for the faithful performance of their duties,
as said Inferior Court and Commissioners shall require, and shall
pay over to said Commissioners, all taxes by them thus collected,
within ten days after the time designated by the said Inferior Court
for the collection of said taxes.
9. Sec. V. And be it further enacted, That the said Inferior Court
and Commissioners, or a majority of said Commissioners, through
their Collectors, shall be permitted to allow persons who desire it,
certain wed- such sums as credits on the amounts assessed against them, as they
lowed?6 al may have paid in money or clothing for the outfit of all soldiers
that have gone into the service of the Confederate States or the
State of Georgia, up to the passage of this Act; Provided, such per-
son or persons shall file their affidavit with the Commissioners of
said Court [county ?] setting forth said amounts by the first Mon-
day of February, 1862 ; And provided, the amount given in money,
to any one soldier shall not exceed ten dollars; Arid provided fur-
ther, that the credit, or credits shall not exceed the amount of the
assessment for one year; but said credit or credits may be allowed
PRIVATE AND PUBLIC LAWS.—1TAX.
125
Extra tax in Sumter county.
from year to year, until the amounts paid out are entirely refund-
ed; And provided, that in no case shall credits be allowed, for more
than fifteen dollars in money, and twenty dollars in clothing, fur-
nished or given to th6 same soldier, although the amounts may
have been furnished or given by different tax payers.
10. Sec. VI. And be it further enacted, That the extraordinary tax Taxes assess-
assessed by the said Inferior Court, for the fiscal year 1861, for the ^lSei861'le*
relief of the indigent families of soldiers in actual service from said'
county be, and the same are hereby declared legal and valid; and
the tax payers of said county shall be liable to pay said tax as fully
as any State or county tax.
Assented to December 12, 1861,
(No. 134.)
An Act to direct and empower the Inferior Court of Sumter county, or a
majority thereof to levy, collect and disburse an extraordinary tax, for
the support of the indigent families of such soldiersfrom Sumter county,
who are now, or may hereafter be absent, in the State or Confederate
military service, and for other, purposes connected therewith.
11. Section I. Be it enacted by the General Assembly of the State of
Georgia,- That from and immediately after the passage of this Act,Inferior
the Inferior Court, or a majority thereof, of the county of Sumter, court of
shall levy upon the taxable property of said .county as returned
the Tax Receiver of said county for the present year, and as may on account _
be returned for each succeeding year hereafter, such a tax as
their judgment will raise an amount of funds'sufficient to support
the indigent families of such soldiers, who, have left, or may here- '
after leave said county, and are now or may herefater become en-
gaged, either in the Confederate or State Military service, for and
during the time of said service ; Provided, said levy shall not exceed such tax not
three hundreed per cent, on the State tax now paid by said county, three hun-
12. Sec. II. Be it further enacted, That the saidJnferior Court atonstotre°S£
the same time, or within ten days thereafter, shall appoint sQmeTaxbooka
suitable person whose duty it shall be to make up by districts, two to made out.
books with the names and aggregate amount of property returned
by each tax payer, as they may appear on the book of the Tax Re-
ceiver of the county of Sumter for the present year; and shall like-
wise enter, in connection with said names and amount of property
returned, the amount due by each in accordance with the levy
made by said Inferior Court; and shall then deposit one of said
books with the Clerk of the Inferior Court of said county, and the
other with the person designated by the Inferior Court to collect
said tax; amj shall receive for said service, a compensation to be
determined by the Inferior Court.
13. Sec. III. Be it further enacted, That the said Inferior Court ^ „ . .
i n ji • , -a - iiii Collector to
shall then appoint some proper person whose duty it shall be toappointed,
collect said tax; the person thus appointed giving bond and secu-
rity for the faithful performorice of said duty, in such an amount as
126
PRIVATE AND LOCAL LAWS—TAX.
Extra Tax in Suinter county.
may be determined by the said Inferior Court; and shall receive
proper compensation for his services, to be determined by the In-
ferior Court.
14. Sec. IV. It is further enacted, That the Collector thus ap-
pointed and qualified, shall proceed at once to the discharge of the
Collector. duties of his office, by first giving ten days notice in the public ga-
zette of Americus, and by posting a like written notice at some
public place in each Justice's district of said county, stating the
times and places at which he will attend to collect said tax ; and as
the same may be collected it shall be the duty of said Collector to
pay it over to the Inferior Court, or their order, at intervals not
longer than one week; and if within sixty days after the expiration
of said notice, any person or persons shall have failed or refused to
cons^aCUbePay tax, then and in that case, the said Collector shall issue
issued. execution against the property of the person or persons so refusing
or failing to pay; and shall proceed with said execution in the same
manner as now authorized by law for the collection of the ordina-
ry State and county tax.
15. Sec. V. Be it further enacted, That the said Inferior Court of
Disburse- the county of Sumter, shall appoint some person, whose duty it
fund raised shall be to disburse the fund raised by said tax, under the supervis-
by such tax. >on ^ gay jrjferjor Court, and in accordance with such rules and
regulations as the said Inferior Court may adopt with a view to an
equitable and proper disbursment of the same. And the said Infe-
rior Conrt shall have the same control and power over said officer
as they now have by law over their connty Treasurer.
And Whereas, Several citizens of the county of Sumter, have
Preamble, made their notes and have thereby raised large sums of money which
were used in the equipment of the Volunteers of said county;
And Whereas, the refunding said sums was guaranteed by a large
meeting of the tax payers of said county :
16. Sec. VI. Be it therefore enacted, That the said Inferior Court
Advance- are hereby empowered and directed to refund the several amounts
izens to'be re- to the persons thus making their notes, from the monies colllected
wed. ^ virtue of this Act.
17. Sec. VII. Be it further enacted, That the said Inferior Court
is hereby authorized and directed, to examine the books and ac-
counts of, and-settle with the Committee appointed by the citizens
of the county of Sumter, and known as the Military Relief Com-
court°to set- mittee, receiving from said Committee the books, money, notes,
liefcommit- subscriptions and provisions, that may be in the possession of said
tee- Committee at the time of settlement; and shall refund to said Com-
mittee all monies they may have advanced over and above their
collections ; and shall assume the payment of all debts contracted
by said Committee, pertaining legitimately to the duties of their
office.
Tax payers to Sec. VIII. Be it further enacted, That the said Inferior Court,
certafncred- through their Collector, shall allow to persons desiring it, such
its- sums as credits on the amounts assessed against them, as they may
PRIVATE AND LOCAL LAWS.—TAX.
127
Extra Tax in Tatnall county.
have actually paid in money or provisions heretofore to the sop-
port of the soldiers families, and which may appear to have been
paid by the books of the Military Relief Committee j Provided, such
credit or credits shall not exceed the amount of the assessment for
one year, but may be allowed from year to year, until the amount
paid in is thereby refunded.
19. Sec. IX. Be it farther enacted, That this Act shall not apply Sbewied'
to any soldier in actual military service, whose property as return-ofSKrfL
ed, does not exceed two thousand dollars ; and no execution shalltaxlbie^rop!
issue against the property of a person in actual military service,
under a less time than six months after the expiration ol the time Tai execu-
allowed to collect from such persons as are not in actual militarytions-
service.
20. Sec. X. Be it further enacted, That this Act shall continue
and be in force, and its requisitions shall be carried out by the said
Inferior Court of Sumter county, annually, during the present war, v^c^tm
or until the same shall be amended or repealed; all laws and usages 01 re-
to the contrary notwithstanding.
Assented to December 6, 1861.
(No. 135.)
An Act to confer ceitain powers, and to impose certain duties upon the In-
ferior Court of Tatnall county, and to provide for the collection, by tax-
ation, of money to aid and assist the Volunteer company, or companies,
now raised, or to be raised in said county ; and to afford such aid to the
fam ilies of the soldiers absent, as be compatible with the resources of the
citizens of said county.
Whereas, a considerable amount of money has already been
collected from certain citizens of said county, by voluntary assess-
ment and collection by, and from them, a list of which citizens thus Pretim1[)1#
paying, has been preserved, and the amount of the sums raised ap-
pears from memorandums and books kept by a committee appoint-
ed by the people of Tatnall in primary meeting; And Whereas, cer-
tain other persons in said county, have not voluntarily or other-
wise contributed to the support of said volunteers or their families,
and some have not adequate to their means aided in such contribu-
tions, and it being right, proper and just, that the burdens of com-
mon defence and common protection against our common enemy,
should be borne equally by all, in proportion to the value of their
property:
21. Section I. Be it enacted by the General Assembly, That the In-
ferior Court of said county be, and they are hereby required and t t
empowered, to assess such taxes upon the citizens of said county, be levied and
i n , i ii_ • n • • i collected in
as may be necessary for the aid of the volunteers raised m said Tattnall co.
county and their families, (such of them as may be needy,) and to soiS™4 °
have the same collected and assessed, as is now done by the laws .
of the State; upon the first assessment of taxes, however, such dis-in'taw^ot11
crimination shall be made in behalf of those who have voluntarily wemade
128
PRIVATE AND LOCAL LAWS.—TAX.
Extra tax in Ware to build a Court House.
voluntary contributed already, so as to make the taxes fall equally upon the
tothesoidiew citizens alike, in proportion to the value of their property, regard-
ing said just discrimination.
22. Sec. II. And be it further enacted, That thereafter, all assess-
ment of first ments of taxes made by the Inferior Court, shall be equally alike
yeartaxto eUp0n eveiy citizen, in proportion to the value of his property, there-
by preserving a just equality in the burdens of taxation, during the
present war.
Disbursem'nt 23. Sec. III. And be it further enacted, That the taxes when so
of such taxes, collected, shall be paid over to the county Treasurer as a military
fund for the benefit of said volunteers, and their families, such as
may be needy, and paid out under the order and direction of the
Inferior Court of said county.
Treasurer to 24. Sec. IV. Be it further enacted, That the Treasurer, before re-
give bond. Ceiving said sums as maybe collected under this Act, shall give
bond and security for the faithful application of the money that
may come into his hands, to be approved of by the Inferior Court;
_ t. , and the Treasurer shall keep an account of the monies received and
Duties of the . r pi
Treasurer, paid out, in a separate book by him to be kept for that purpose;
and shall also be subject to be punished for contempt by the In-
ferior Court, in the event of his refusal to account for, and pay out
said money under their order and direction.
Sec. V. Repeals conflicting laws.
Assented to December 6, 1861.
(No. 136.)
An Act to repeal An Act entitled An Act to ovthoi izc the Inferior Court
of Ware county to asesss an extra tax for the purpose of building a
Court House in said county, and for other purposes.
25. Section I. Be it enacted, That An Act entitled An Act to
wse^d^r] authorize the Inferior Court of Ware county to assess an extra tax,
cour^House for the purpose of building a Court House in said county, approv-
warlio^es.1111 ed the ninth day of December 1859,* be, and the same is hereby
repealed; and that the Inferior Court shall not levy or assess any
more extra tax for Court House purposes, for or during the pres-
ent war, or collect any tax for Court House purposes, from the citi-
zens of Ware county.
Application of 26. Sec. II. A?id be it further enacted, That all monies already
fofoDreyconect-c0^ec^e^ by virtue of the above recited Act, be applied to the sup-
purpose.'18' P0r^ indigent families of soldiers of said county, in the State or
Confederate service.
Sec. III. Repeals conflicting laws.
Assented to December 12, 1861.
* For this Act, see Acts of 1859, p. 374.
PRIVATE AND LOCAL LAWS.—Tax.
129
Act to tax cattle of non-residents in Wilcox repealed,—Extra tax. in Whitfield.
(No. 137.)
An Act to repeal An Act entitled An Act to compel all persons non-resi"
dents of the counties of Wayne, Irwin and Wilcox owning, penning and
grazing stock cattle, in said counties, to return and 'pay taxes on the
same, in the counties aforesaid, assented to December 19th, 1859,# so ■
far as relates to the county of Wilcox.
27. Section I. The General Assembly of the State of Georgia do enact, Act of is Dec.
That so much of the above recited Act as relates to the county of
as to,Wilcox
Wilcox, is hereby repealed. °0,
Sec. II. Repeals conflicting laws.
Assented to December 17, 1S61.
* See Acts of lSf>l), p. '207.
(No. 138.)
An Act to authorize the Inferior Court of Whitfield County, to levy a tax
of not excu ding fifty per cent, upon the State tax, and to authorize
thnn to appropriate the same to the families of those that maybe absent
eitfar in the service of the State or Confederate States.
2M. Section I. Be it enacted by the General Assembly of the State of
ihorgia, That it shall and may be lawful for the Inferior Court of^
the county of Whitfield, to levy a tax of not exceeding fifty per for relief of
cent, upon the State tax, and appropriate the same to any families
or other persons that may be found in need on account of the ab-
sence of their friends in said service ; Provided, also that the parties
applying for the benelit of this Act, shall furnish to the Court sat-
isfactory evidence that they are actually in need, and have no oth-
er means of support.
Assented to December 11, 1S61.
Notk.—For Act appropriating $33.47 to Mrs. Margaret Dillon, for excessive tax paid, see
Act No. 1-J3; also Act No. 1 '35 for appropriation of $4.40 to Abner Hern for excess of tax paid
him ; ami same Act for appropriation of $13.30 to Wm. J. Bush for excess of ta,x paid by
linn. See also same Act for conditional appropriation to Wesley Shuffield, on a similar account.
For Act providing that Attorneys-at-law failing to pay their professional tax, shall be stricken
from the roll of Attorneys, see Act No. f>, Public Laws.
9
13U PRIVATE AND LOCAL LAWSr—Telegraph Companies.
Georgia Telegraph Company.
TITLE XVII.
TELEGRAPH COMPANIES.
Sec. 1. Georgia Telegraph Company incorpo-
rated.
" 2. Powers to construct and use Telegraph
lines.
" 3. Capital stock and shares.
" 4. Board of Directors.
S&c. 5. Liability of stockholders for debts of Co.
' 6. Officers and operators exempt from Ml-
litia, Patrol and Jury duty.
' 7. Privileges and restrictions of Magnetic
Telegraph, extended to Company.
(No. 139.)
An Act to incorporate the Georgia Telegraph Company.
Section I. Be it enacted, That John P. King, John Bones, Rich-
ard Peters, and their associates be, and the same hereby crea-
ted a body politic and corporate, by the name and style of " The
Tel- Georgia Telegraph Company"; and by that name may sue and be
co. make contracts, have and use a common seal, and establish
JSp*14 by-laws not inconsistent with the Constitution and laws of this
State, or of the Confederate States.
Sec. II. Be it further enacted, That said Company shall be author-
IPocwftirs to •
•scyrasfcmct and ized to establish, construct and manage, use and control, lines of
toe..ee°ia Magnetic Telegraph, between any and every two points within
this State.
casual stork ^ec* HI* Be it farther enacted, That the capital of said Company
.nJ. awes.' shall be divided into shares as the by-law7s may provide, transfera-
ble according to said by-laws, and shall be of such amount as may
actually be required for the lines of Telegraph actually erected by
.them.
. Sec. IV. Be it farther enacted, That said Company shall be man-
sractors. aged by a Board of Directors elected according to their by-laws,
wseeinki-w^° shall hold their meetings, and keep their principal office in Au-
***** ° gusta.
Sec. V. Be it farther enacted, That the stockholders of said Com-
-SsackhoTders. pany for the time being, shall be jointly and severally liable for all
the debts contracted, and purchases made by the Company.
■Officers and Sec* VI. Be it farther enacted, That all Telegraph operators and
„ officers actually employed as such by said Company, shall be ex-
i fS)Undtia' empt from military, patrol and jury duty, during such actual em-
~juw dutjr. jployment.
*$ec. VII. Be it farther enacted, That said Company shall be enti-
lifd'reftric-- tied to the privilege, and subject to all the restrictions provided for
loulie/kf'0 by an Act to authorize the construction of the Magnetic Telegraph,
SteSdePdhto approved on the twenty-ninth of December, eighteen hundred and
^GoinPauy forty-seven;* Provided, that the charter herein granted, shall not
be so construed as to intefere with the chartered rights of other
Telegraphic companies.
Sec. VIII. Repeals conflicting laws.
Assented to December 17, 1861.
■* For this Act, see Acts of 1847, p. 218.
RESOLUTIONS
ADOPTED BY THE
GENERAL ASSEMBLY
OP THE
STATE OF GEORGIA,
it an Annual Session in 1861.
No. 14. Tax Collectors and Comp. General.
" 15. Relative to the blockade.
'' 16. Resolutions relative to the resolutions
passed by Tennessee.
" 17. Copy of the Act to prevent specula-
tions, extortions and monopolies, to be
sent to Governors of each State in
Confederacy.
" 18. Tax Collectors and Comptroller Gen-,
eral as to settlements for taxes raised
by sale of lands of alien enemies.
*' 19. Census Takers.
"" 20. Committee on Penitentiary.
li 21. Repeal or modification of the Seques-
tration Act recommended.
u 22. Tender of State Troops to Confederate
Government.
" 23. Supreme Court Reports to be sent to
Dade county.
" 24. Relative to establishing a mail route
from Bengal to Reid'sville.
" 25. Asserting Georgia's right to all lands
within her limits.
" 26. Adjournment of General Assembly.
No. 1. Relative to a bill to authorize the Jus-
tices of the Inferior Courts to levy an
extra tax on account of Soldiers in ser-
vice and their families; also relative
to the assumption by the State of the
Confederate War Tax.
" 2. Relative to monopolies, extortion and
speculations.
" 3. Messrs. Clark and Tucker, Agents
Georgia Hospital Association.
" 4. Election of Confederate States Sena-
tors.
" 5. On reduction of salaries.
" 6. Relative to Deaf and Dumb Asylum.
" 7. Grant to certain lot of land in old
Early, to be issued to John Sapp.
" 8. Boundary line between Georgia and
Florida.
" 9. Rev. C. W. Thomas.
" 10. Relative to the prosecution of the
War.
" 11. Duties and pay of Secretary of State
as to Surveyor General's Office.
•' 12. Resolutions as to collection of cotton
and other crops in Georgia.
" 13. Instructions to Tax Collectors to be
issued by Comptroller General.
(No. 1.)
Resolved, That the Committee on Finance of the Senate and
ILouse of Representatives, be instructed to act as a joint committee mutSfs6 of
and report appropriate bills, so soon as it may be practicable, toto'acfa. T
the House of Representatives, (where alone such bills can origi-jomt Com*
nate,) upon the following subjects, to-wit:
1st. Authorizing the Inferior Courts of the seteral counties inbnitopamho*»
this State, to levy such extra tax as may be necessary to defray thetoer£" ac£.
•j i.*i • J • • • J war tax for
expenses said counties have incurred in raising and equipping com-certain pur-
panies for the war and providing for the families of said companies. Export a
2nd. Providing for the equalization of said burthens throughout auchtex9"4
the State, so that each county may bear its pro rata share of said cities » *
r ji J J X the State.
burthens. to report *
3d. Authorizing and requiring the assumption by the State oftd1 assume the
the existing Confederate War Tax. w«T™hi
Assented to Noy» 16, 1361, Georgia.
132
RESOLUTIONS.
Speculation, Monopoly and Extortion.—Messrs, Clake and Tucker.—Confederate States Senators-
(No. 2.)
Whereas. A system of speculation, monopoly and extortion, in
many articles absolutely necessary to subsistence of the people, is
Preamble. now practiced in the State by selfish, base, and unprincipled
persons, in violation of the common dictates of humanity and pa-
triotism—be it therefore
judiciary Resolved, That the Judiciary Comm ittees of the Senate and House
of0s^ateeand Representatives , jointly be, and they are hereby instructed to
toy«n-enquire into the power of the General Assembly to suppress such
bin toPs°up- speculation, and report by bill or otherwise, as early as practicable,.
the most effectual means of accomplishing such suppression,
tortion. Assented to November 16, 1861.
(No. 3.)
The Rev. Messrs. Clark and Tucker, Agents for the Georgia
Hospital Association being present on a mission in behalf of said.
Association,
Resolved by the Senate, with the concurrence of the House of Rpcre-
c^arkeit sentatiocs, That the Senate repa'r fo the Representative Hall, this-
of Georgia 3'dav at 12 o'clock, M., to hear from said gentlemen on the subieet
Hospital A#- , ° J
sociation. oi their mission, tor one hour.
Assented to November 16, 1861.
(No. 4.)
Whereas, It has been made the duty of the present Legislature..
Preamble, under the newly adopted Constitution of the State of Georgia, to
elect two Senators to the Congress of the Confederate States of"
America, therefore be it
Resolved, by the Senate and House of Representatives in General As-
confederate sembhj met, That the Semite meet the House of Representatives, in
.state. sena-^-g on Tuesday, the 19th instant, at 11 o'clock, A.M., to>
elect two Senators to the Confederate Congress, under the provi-
sions of the Constitution of the State of Georgia.
Assented to November 18, 1861.
(No. 5.)
Whereas, The crisis upon the country produced by war and'
financial embarrassments, imperatively calls for the adoption of a sys-
Preamble. tern of retrenchment in the reduction of expenses of the Government
by reducing the salaries of the principal officers and otherwise,
thereby relieving the people of Georgia, to some extent, from the
burdens of taxation, which are pressing upon them, therefore be it
committee to Resolved, That a special committee of five be appointed by the
reduce saia- House to confer with a like committee to be appointed by the
• • » X m. ^
Senate, to take into consideration the propriety of reducing the
salaries of all the principal officers of the State, and per diem pay of
RESOLUTIONS. 133
_ -4 ^
Deaf and Dumb.—John Sapp.—Boundary between Georgia and Florida.
members of the Legislature, and to what extent this reduction shallre-
be made, and to report by bill or otherwise, at the earliest day^theVL-
practicable; and to request our members in Congress to use their
influence to have the salaries of officers of the Confederate Oovern-°tfec0°^®r*
ment, both civil and military, reduced. . reduced.
Assented to November 16,1861.
(No. 6.)
Resolved, • That the standing committee of the Senate and House Jdint Com_
of Representatives on the Deal and Dumb Asylum, be constituted g1^6}1
a joint standing committee for the investigation of the of the affairs
of the same; that His Excellency the Governor, be required to
furnish said committee any documents or communications which
he may have in his possession pertaining to the same; and that
this resolution be transmitted to the House of Representatives fpr
its concurrence, immediately.
Assented to November 18, 1861.
(No, 7.)
Whereas, Lot of Land No. 10, in the 11th District of originally'
Early, now Mitchell county, was reserved among others for school '
purposes, and not drawn for in the Land Lottery ; And whereas, SaidPreamW9"
Lot No. 10, was sold under Executive order, ait public outcry, and
knocked off to one Bradley lor a valuable consideration, whereupon
the said Bradley received from the Sheriff making the sale as afore-
said, a certificate of said sale and purchase, upon which to receive
a grant of said Lot No. 10; And whereas, Said certificate was trang-
ferred to one John M. Robinson, and by*said Robinson to John
Sapp of Mitchell county, which certificate has been lost and [or?]
destroyed; therefore be it
Resolvedly the General Assembly, That the Governor be authorizedto
to cause to be issued to John Sapp. a grant to said Lot of Landj"oesa££to
No. 10, in the 11th District of originally Early, Bow Mitchellihh District
, of old Early,
county. now Mitchell
Assented to November 22,1861. county.
(No. 8.)
Resolved by the Senate and House of Representatives, That Georgia
is deeply concerned in having the boundary line between her andgondary iiae
her sister State of Florida, permanently settled and fixed. An endo^^r ana
to the unfortunate controversy, which has been pending so long, is1?lorida-
due alike to the citizens of both States, bordering upon the line of
dispute. The settlement of this question is demanded that no in-
fringement upon the sovereignty of either State shall happen, nor
any question arise, as to conflicting jurisdictions, The undisputed
right of citizenship and allegiance should no longer be kept in
doubt; and the limits' of the respective sovereignties should be
fully determined, recognized and understood.
134
RESOLUTIONS.
Boundary between Georgia and Florida.
The Legislature of Georgia desires to address the Legislative
authority of Florida in a spirit of amity and kindness; and to appeal
to her, upon the principles of comity and good neighborhood, to
contribute everything she can, compatible with her honor and sense
of right, to the adjustment of our unsettled boundary, a source of
irritation, discontent and dissatisfaction. The State of Georgia is
not unaware of the points of difference existing ever since the treaty
Treaty of between the United States and Spain, of ,1795, (and even prior
1795' thereto.) She understood her boundary. The 3rd Article of the
Treaty of 1795 defines what should be the correct line of division;
which is in these woi ds: " Tin southern bouudary which divides
their territory from the Spanish Colonies of East and West Florida,
shall be designated by a line beginning on the river Mississippi, at
the northernmost part of the thirty-first degree of latitude north
of the Equator, which from thence shall be drawn east to the
middle of the river Apalachicola or Chattahoochee, thence along the
middle thereof to its junction with the Flint; thence straight to the
head of the St. Mary's river, and thence down the middle thereof
to the Atlantic Ocean." Commissioners were appointed under the
treaty to perform their duty in running the line designated by the
terms thereof; and the mode of proceeding by said treaty, is declared
thus: "In order to carry the preceding Article (the 3rd Article,) into
effect, one Commissioner and one Surveyor shall be appointed by
each of the contracting parties, who shall meet at the Nathchez, on
the other side of the river Mississippi, before the expiration of six
Mode of months from the ratification of this Convention; and they shall
Fnlfuifdel6 proceed to run and mark this boundary according to the stipula-
ti^trcty of tions of said Article. They shall make plats, and keep journals of
the proceedings, which shall be considered part of this Convention ;
and shall have the same force as if they were inserted therein."
From the Mississippi to the Chattahoochee they executed their
commission according to the stipulations of the treaty. The re-
maining part of their duty they failed to perform. The point of
departure and the point of termination are both fixed by the
treaty; and it is provided that said Commissioners should run and
mark, to and from those points. The points referred to are from
the junction of the Flint and Chattahoochee rivers, to the head of
the St. Marys. It is a historical fact that no surveys were made be-
tween the junction of the Flint and Chattahoochee rivers, and the
head of the St. Marys, on account of Indian disturbances; that Ellicott
designated on his plat, Mound B., as being a little north of the
head waters of the St. Marys, and being the northern branch of
the said river, and consented that this point should indicate the
true source of said stream, may probably be insisted upon; but the
fact is unquestionable that no such power was given him ; he liav-
ing power to act as a simple Commissioner, his duties and powers
being limited by the treaty, which was the supreme law of the
land. The evidence now exists that, at the time the Commis-
sioners were endeavoring to ascertain the head of the St. Marys
river, that, on account of the heavy rains and heavy freshets conse-
RESOLUTIONS.
Bonndary between Georgia and Florida.
quent thereupon, the low, flat district of country from whence the
source of the river takes its rise, it was impossible for them to de-
determine the fact. In fact Mound B. is not near the head
source of said river, which is now, (since the country is settled.),
capable of the fullest and most conclusive proof. Florida insists
that Mound B. should be regarded the fixed point to determine
the head waters of the river St. Marys. Georgia insists that the
most southern branch of the river is the longest, and has the great-
est volume of water; and, therefore, that the dividing line between
the two States, from the junction of the Flint and Chattahoochee
rivers, should be run to the head of the most southern stream.
Thus, it will be seen, that if Georgia insists upon her view of the
subject, she will claim a considerable portion of the territory of the
State of Florida, and include many valuable citizens within the
jurisdiction of Georgia. On the other hand, if Florida should ad-
here to her views, she would embrace a part of the territory of
Georgia, and also take within her jurisdiction many of the re-
cognized citizens of Georgia. It is obvious to the two States,
holding these adverse positions, and insisting upon the abstract
rights set up by each, a settlement of the contested boundary is
impossible without long and tedious litigation between the two
States, and before the Supreme Court of the Confederate States.
The two sovereignties, from their position, being competent to
adjust these differences, it seems to the Legislature of Georgia that
the question of boundary between them can be settled in a manner
more compatible with the dignity, peace, friendship, amity, and
good will of both. •
The General Assembly, to avoid further dispute, proposes to
her sister State, Florida, that what is denominated the Watson
line, (which will leave in the limits of this State, the fractional lots
of land heretofore sold under an Act of her Legislature,) shall be
adopted as the boundary line. The settlement upon this basis, wTill
not interfere with the rights of citizenship, as claimed by the citi-
zens of either State. The position of the two States, united by a
common interest, and sharing perils alike with each other in resist-
ing a common enemy, are considerations which require that border
difficulties and disputes, and all causes of irritation, should be put
an end to.
Be it therefore resolved, That his Excellency the Governor, be re-
quested to transmit the foregoing preamble and these resolutions,
to his Excellency the Governor of Florida, with a request that he
submit the same to the Legislature of Florida.
And resolved further, That the Governor do appoint two Commis-
sioners to visit the Seat of Government of the State of Florida;
who are hereby clothed with authority to negotiate and settle the
boundary line, with the- authorities of Florida, upon the terms pre-
scribed in the aforesaid recital and preamble, or upon such other'
terms as will include within the limits of Georgia, the lots and frac-
tional lots of land disposed of by the authorities of the State of
Georgia. , Assented to Dec, 11, 1861.
136 RESOLUTIONS.
Rev. C. W. Thomas —Confederate States.—Offices of Surveyor Gen. and Sec'y. of State.
Dissolution
of the old
Union.
(No. 9.)
Whereas, Rev. C. W. Thomas, formerly Chaplain in the U. S.
Preamble. Navy, was the first to resign his position and tender his resignation
to the U. S. Government; and whereas, he has not been assigned
any position in the service of the Confederate States, therefore,
Resolved, That the General Assembly of the State of Georgia,
Rev. c. w. do respectfully request the Congress of the Confederate States, or
Thnmna L •/ A O 7
the War Department, to provide for the said Rev. 0. W. Thomas,
some position either in the Army or Navy of the Confederate States,
correspondent to the rank and position held by him in the Navy of
the United States.
Assented to December 11, 1861.
(No. 10.)
Resolved, by the Senate and House of Representatives of the State of
Georgia in General Assembly met, That it is the sense of this Gener-
al Assembly, that the separation of those States now forming the
Confederate States of America, from the United States is, and ought
to be final and irrevocable; and that Georgia will, under no cir-
cumstances, entertain any proposition from any quarter, which may
have for its object a restoration or re-construction of the late Un-
ion, on any terms or conditions whatever.
v Resolved, That the war which the United States are waging up-
War to t>e 1 . • 1 i
independence011 Confederate States, should be met on our part, with the ut-
most vigor and energy, until our independence and nationality are
unconditionally acknowledged by the United States.
Resolved, That Georgia pledges herself to her sister States of the
piedrBeiato Confederacy, that she will stand by them throughout the struggle
standby the —sqe wfjj contribute all the means which her resources will supply,
other seceded. 11 D
states. so far as the same may be necessary to the support of the common
cause, and will not consent to lay down arms until peace is estab-
lished on the basis of the foregoing resolutions.
Approved December 11th, 1S61.
(No. 11.)
Whereas, By an Act passed at the present Session of the Gener-
Preamble Assembly, the offices of Surveyor General and Secretary of State,
have been consolidated ; and whereas, many of the Maps and Charts
in the Surveyor General's office are very much mutilated and worn
out;
Be it resolved, by the Senate and House of Representatives, That the
Secretary of State for the time being, and his successors in office,
payof sSfre-be, and he is hereby required to make new all Maps and Charts,
iSlum^or'utbat are now worn out or mutilated, and see that the Records in
office. sa|j 0piCe are preserved and neatly kept; and as a compensation
for his services, the Secretary of State, for the time being, and his
successors in office, shall receive a 11 the fees arising in the Surveyor
General's office, of whatever kind.
Assented to December 14, 1861.
RESOLUTIONS.
137
Cotton Crop.—Tax Collectors.
(No. 12.)
The Committee on the state of the Republic, to whom the Joint
Resolutions of the Legislature of Tennessee were referred, have
had the same under consideration, and instruct me to report thatReport
it is with pride and gratification that they see in in the spirit of the
propositions of our sister State, (the cheif products of whose soil
are provisions,) the manifestation of a lofty and unselfish patriot-
ism, worthy of emulation, and in keeping with the exalted charac-
ter of the "Volunteer State," and they recommend the passage of
the following resolutions, and that the same, together with the
propositions of the State of Tennessee, be published in the Mil-
ledgeville newspapers of this State.
Resolved, That the Legislature of the State of Georgia most
earnestly recommend to the planters of this State, to reduce theGeorgl™re-
quantity of the Cotton Crop for the year 1862, and to grow grain to reduce
and other provision crops, not only in sufficient quantities to sup-andVcre^e
ply the consumption of our people at home, but for the supply ofcropk8raia
our troops in the field.
Resolved further, That his Excellency, the Governor, be request-capyofthk
ed to forward a copy of this report to the Governor of Tennessee, Resoirutions
and the Governors of each of the other Confederate States, with the hover-
request that the same be laid before their respective Legislatures, the8states in
if in session; and that he also forward a copy to the President ofate state*^
the Confederate States.
Assented to December 14, 1861.
(No. 13.)
Resolved, That the Comptroller is hereby directed to issue suchSaie ofProP-
instructions to Tax Collectors throughout Georgia, as will prevent SteLie«.allea
all further proceedings for the sale of lands heretofore held by per-
sons now alien enemies, until after the General Assembly shall
have taken further action on the subject.
Assented to December 14, 1861.
(No. 14.)
Whereas, By a Joint Resolution of this General Assembly, the
Comptroller General is directed to issue such instructions to Tax
Collectors throughout Georgia as will prevent further proceedings PreamW**
for the sale of lands heretofore held by alien enemies, until after
the General Assembly shall have taken further action on the sub-
ject.
And Whereas, The above stated Resolution does not direct the
Comptroller General how to settle with Tax Collectors when they Preamble,
wish to make their final settlement and obtain a full receipt, for
remedy thereof,
Be it further Resolved, By the General Assembly of Georgia,
That, upon any Collector producing to the Comptroller General a
138
RESOLUTIONS.
Blockade.—Resolutions from Tennessee.
certificate from the Inferior Court of his county, stating the name
T^conL or names of the alien enemies whose land is now subject to be sold
Comptroller f°r taxes, and further certifying the amount of State tax due on
wgardalton the same, the Comptroller General, if satisfied that the amount
onacc^unt8 of stated is correct, is hereby authorized to allow the Tax Collector
credit for the same, on his account, together with any reasonable
mi9S- advertising fee which said Collector may have paid for advertising
said lands; and that such settlements be entered on the Comptroll-
er's book, in the same manner that settlements now made with the
Tax Collector are entered on the Books of said office.
Assented to xyeceiuber 16, 1861.
(No. 15.)
Whereas, The Ports of the Confederate States of America are
now blockaded, or attempted to be blockaded by the Government
of the so-called United States ; And Whereas, said Confederate
States are not now receiving any revenue in consequence of said
attempted blockade:
Be it therefore Resolved, That the State of Georgia in General As-
thelamock-0 seiTibly met, do urge her Representatives in the Congress of the
ade- Confederate States, to exert their influence to open the Ports of the
Confederate States, free of duty, to all friendly nations, during the
existence of the War between the Confederate States and the so
called United States.
Assented to December 16, 1861.
(No. 16.)
Resolved, The House concuring, 1st. That, in the opinion of this
Resolutions General Assembly, the disinterested spirit of fraternity and regard
^jf^-for the common welfare breathed in the resolutions of the State of
Tennessee. Tennessee, now under consideration, is worthy of all admiration,
and of all emulation.
We would assure the General Assembly of Tennessee, and
through that body, the people of the State, that the people of
Georgia warmly reciprocate the kind spirit so manifest, not only
in the Resolutions, but in all the acts of Tennessee towards her sis-
ter Confederate States. To the other Confederate States of Amer-
ica., wre also take occasion to extend the friendly greetings of
Georgia. We would assure them that, while we honor Tennessee
for the sagacity, as well as patriotism of the proposition under con-
sideration, we. and the people we represent, sincerely cherish for
each of them the warmest sentiments of admiration and of amity.
A common cause, a common destiny—the common suffering of our
soldiers in the field, side by side with each other, keep us all con-
tinually reminded that, we are brethren.
Sentiments Resolved, 2nd, That the proposition of Tennessee meets the hear-
0f Tennesseepy concurrence of our judgment; and we recommend the policy
fppmvSandierein set forth to the careful consideration of every planter in
their policy ^ •
recommend*
ed.
RESOLUTIONS.
Monopolies and Extortion—Land of alien enemies.
139
Resolved 3d, That the Resolutions of Tennessee be entered on To tie entered
our Journals, together with these Resolutions ; and the Governor nau.the Jour"
is hereby requested to transmit these Resolutions to the Governor Resolutions
of Tennessee, with a request that he deliver the same to the Gen- Governor of
eral Assembly of that State. Ten~
Assented to December 16, 1861.
(No. 17.)
Resolved, by the Senate and House of Representatives of the State of
Georgia, That His Excellency be, and he is hereby requested to vee*ttoB^ula
have transmitted to each of the Governors of the Confederate
States, a copy of the Act passed by the General Assembly of Creor-^eb^nt"to'
gia, entitled "An Act to prevent monopolies and extortions in this ail the
State," with the request that the same shall be laid before the Gen- confederacy,
eral Assemblies of said States respectively.
Rf solved, That we most respectfully solicit the General Assembly
of each of said States, to take such action as to them may seem
best to prevent monopolies and extortion, with a view to equalize
the prices of necessity, and army supplies.
Assented to December 16, 1861.
(No. 18.)
Whereas, By a Joint Resolution of this General Assembly, the
Comptroller General is directed to issue such instructions to Tax
Collectors throughout Georgia, as will prevent further proceedings Preai?t'le'
for the sale of lands heretofore held by alien enemies, until alter
the General Assembly shall have taken further action on the sub-
ject:
And Whereas, The above stated Resolution does not direct the
Comptroller General how to settle with Tax Collectors when theyPreamwe.
wish to make their final settlement and obtain a full receipt, for
remedy thereof,
Be it. further Resolved, By the General Assembly of Georgia., That, Settl tg
upon any Collector producing to the Comptroller General a cer-Tas
titicate from the Inferior Court of his county, stating the name or
names of the alien enemies whose land is now subject to be sold for as to taxes
raised by
taxes, and further certifying the amount of State tax due on thereof
of alien en©*
same, the Comptroller General, if satisfied that the amount stated^*-
is correct, is hereby authorized to allow the Tax Collector credit
for the same, on his account, together with any reasonable adver-
tising fee which said Collector may have paid for advertising said
lands;,and that such settlements be entered on the Comptroller's
book, in the same manner that settlements now made with the Tax
Collector, are entered on the Books of said office.
Assented to December 16, 1861.
(No. 19.)
Whereas, There are many Census Takers, who performed the
140
RESOLUTIONS.
Penitentiary.—Sequestration Act.
duties of their office of Census Taker, for their respective counties,
Preamble. jn taking the Census for the old United States before the separa-
tion of the State of Georgia from the old Union; And Whereas,
on the account of the withdrawal of the State from the old Union,
the authorities of the old United States have refused to pay them
for the services rendered in taking the Census of (his
State :
Be it Resolved, That we do most respectfully call the attention
census our Members in Congress at Richmond, to take into considera-
Takers. tion, and make provision for the payment of such as have not re-
ceived their compensation for such services rendered.
Assented to Dec. 16, 1861.
(No. 20.)
Resolved, By the Senate and House of Representatives, That after
committee ^e M°se °f present Session, the Governor is requested to ap-
opj^niten- point two competent persons, who, in connection with the Princi-
pal Keeper, shall consider the propriety of classifying and separat-
ing the convicts in the Penitentiary; with reference to ages, grades
of offence and general character ;
Also the practicability of arranging the present Institution to
accomplish the end proposed ; and that said appointees make their
report to the next Session of the General Assembly, with the
plans, if any, that may be suggested, and especially the smallest
amount of expenditure necessary in the premises.
Assented to December 16, 1861.
(No. 21.)
The Committee on the State of the Republic, having had under
„ , consideration the provisions of the Sequestration Act passed by the
Fr6&mhl6i C ♦ x y
Provisional Congress, at its last Session, ask leave to report for the
consideration of the House, the following Resolutions:
1. Resolved, That, if it shall not be deemed expedient to repeal
modification the Sequestration Act, such modifications of, or amendments there-
questratfon to, be made, as that the same shall not prevail oppressively, or in-
mended!"1" juriously to our own people; and to that end ;
Resolved further, That whereas, by the laws of nations, debts due
certain modi-to alien enemies are suspended, and bear no interestduring the con-
commended, tinuance of the War; it is the sense of this General Assembly,
that said Act should not require the payment of debts due to alien
enemies, during the existence of the war; but it should require on-
ly the evidence of the indebtedness to be returned and placed of
record, without security demanded and taken for the ultimate pay-
ment of the same.
Resolved further, That where there are mutual debts between a
mutual debts debtor and an alien enemy, or where such debtor shall hold equita-
ble claims against Alien Enemies, the same may be pleaded and set
off in the district court, to which the debt is returned.
RESOLUTIONS.
141
State Troops.—Books for Dade county.
Resolved further. That the Sequestration Aet should take effect „
r \ c i i r» • i p p Recommend*
from and alter the date ol its passage, and not Irom the 21st ol
May, as now provided. date-
Resolved further, That persons laboring under the disabilities of In case of
coverture or infancy, and consequently incapable, though desiring in"
to change their domicil, and who are not actual enemies to the
Confederate States, should be exempt from the operations of said
Act.
Resolved, That our delegation in Congress be respectfully request- copy of these
ed to urge the recommendations contained in these resol utions; and be furnished
that his excellency, the Governor, be requested to forward to our be,rs in Con-
delegates in Congress, copies thereof. 8ress'
Assented to December 16, 1S61.
(No. 22.)
Resolved, By the General Assembly of Georgia, that the Gover-
nor be, and he is hereby authorized and instructed to tender to the
Confederate Government the volunteer forces called into service Tender of
under the law of 1860, or which may hereafter be called into ser- teers to Con-
vice for the State defence, in companies, battalions, regiments, emmaentGov"
brigades or divisions, as may be found to be acceptable to the War
Department of the Confederate States ; Provided, That the Con-
federate States will receive them for the term of their enlistment
and for local defence in this State, under the act of Congress to pro-
vide for local defence and special service, approved August 21,
1861; And provided further, That, if the Confederate States shall
not accept said troops, in that event the troops shall remain in ser-
vice as State troops, under the terms of their enlistment; And pro-
tnded further, That such tender shall be made, so far as the troops
now in the State are concerned, before the 15th day of January
next, and before a greater sum than one million of dollars is raised
or expended as provided for in the 20th Section of the general ap-
propriation bill ; And provided further, That none of said troops
shall be transferred to the Confederate service without their full
consent, first fairly obtained, by companies, if organized as inde-
pendent companies, by battalions, if organized in independent bat-
talions, or by regiments if organized in regiments.
Be it further Resolved, That we earnestly recommend the Confed-„ t
J 7 n n Confederate
orate Government to receive said State forces, should they assent, £.™;Xfuto
with all their field and general officers; and, if there be no lawrec,ive thein'
now authorising such acceptance, we respectfully request our Sen-
ators and Representatives to urge the passage of a bill to effect so
desirable an Object.
Assented to December 16, 1861.
(No. 23.)
s ■ • y
Whereas, The county of Dade has not been furnished with the
first, second and third volumes of Kelley's Reports of the Supreme Preamble.
Court of the State of Georgia ; And Whereas, the fourth, fifth, sixth,
142
RESOLUTIONS.
Mail Route.—Land in the limits of Georgia.
SfsouhT seventh, eighth, ninth, tenth and eleventh volumes of Cobb's Reports of
lupr°eme0fthe^e Supreme Court of the State of Georgia, were furnished said
fumis'hed'to county, and were destroyed by fire in the burning of the Court-
n»de county, House of said county; therefore,
Resolved by the General Assembly, That his Excellency the Gov-
ernor, be authorized and requested to furnish said county with said
volumes of Reports, or such number as may be in his control; and
that he cause them to be forwarded'with the Laws and Journals of
this session of the Legislature.
Assented to December 16, 1861.
(No. 24.)
Resolved by the Senate and the House of Representatives of the State of
Georgia in General Assembly met, That our Senators in Congress be
from Bengal instructed, and our Representatives requested, to use their influ-
recommend16' ence to have established a mail line, for weekly service, from Ben-
gal in Bulloch county, (the present terminus of a mail line from
Halcyondale on the Central Railroad,) by the way of William De-
loach's mills in Bulloch county, thence to Ben. Brewton's mills in
Tatnall county, and thence to Reedsville in said county of Tatnall;
and that our Senators and Representatives in Congress, be furnish-
ed with copies of this Resolution.
Assented to December 16, 1861.
(No. 25.)
Resolved, IsL The Senate concuring, That this General Assembly
^rtsrgher3' deems it due to the sovereignty of Georgia, to declare that Geor-
landswitim gia asserts her ancient, paramount right of original proprietory
her limits. jnteresfc anq title, in and to all the lands within the limits of the
State; and that she will not permit her present attitude and action,
or any action upon the part of any power, to be construed against
her in the future, as a precedent calculated to show, in the least,
that she has, in anywise, yielded this great right. Georgia there-
fore enters her solemn request of record, that the Sequestration
Act recently passed by the Provisional Confederate Congress, shall
not be so proceeded upon, or so construed, as to raise any question
as to the sovereign rights of the State over all of the lands within
her limits.
Resolved, 2d. That the land heretofore held by persons now alien
Gwrg"iamof enemies, ought not, at this time, to be sold for any purpose; but
Alien em* game gi10u](j iie as it now does, subject to the sovereign,
paramount right Georgia has, in and to the same.
Resolved, 3d. That a copy of these Resolutions be transmitted to
copie. of our delegates in the Provisional Confederate Congress ; and that
.Resolutions ii • i i n i •
ourmembera°^ same be also transmitted to the Senators and Representatives
iu Congress. of Georgia in the Confederate Congress.
Assented to December 16, 1861.
RESOLUTIONS.
143
Adjournment.
No 26.
Resolved., That the General Assembly adjourn sine die on Satur- Adjourn-
• »i /» . ii • i i " ' ' ment of Gel
day the fourteenth instant. eraiAw^a-
WARREN AKIN,
Speaker of the House of Representatives.
J. B. Estes,
Pro Tem, Clerk House of Representatives.
JOHN BILLUPS,
President of the Senate.
James M. Mobley,
Secretary of the Senate.
Read and adopted in each House, 10th December, 1861.*
* Reflations on .adjournment do not require* under the Constitution, the signatipM>{,the
Governor. .
INDEX.
a.
accounts,
How proven in certain cases, 59
administrators,
See Exrs., Admrs., Trustees,
Go., in index.
agencies of foreign ixsu-
range companies.
Act in relation to, in Georgia
modified, 51
agriculture & commerce.
$50,000 appropriated to en-
courage the manufacture of
Salt, " 7
Direct Trading & Navigation
company, incorporated, S
aliens,
Suits on sequestrated claims of 57
(For sale of lands of, under
Tax fi. fas. see resolutions.)
ame ricus,
Charter of, amended, S7
appropriations.
Salary of Governor, 10
" " Secretary of State, 10
" " State Treasurer, 10
" " Compr. General, 10
" " Secy s. of Ex. Dept. 10
" " Mess'r. " " 11
" " State Librarian, 11
" " Atty. & Sols. Genl. 11
" " Judges Supr. Ct. 11
" " " Supreme" 11
" " Reptr. of Supreme
Court decisions, 11
Pay for publishing military
orders, 11
Contingent fund, 11
Printing " 11
10
Pay to Chaplain of Penitenti-
ary, 11,
Pay for taking care of Repre-
sentative Hall and Senate
Chamber, 11
Pay of expenses of committee
who visited Academy for
Blind, 11
Pay of State House Guard, 11
Appropriation for increase of
State Library, 11
Appropriation to pay expenses
of clerk Supreme court, 11
Appropriation for repair, and
winding State House clock, 12
Salary of Supt. Georgia Mill-
tary Institute, 12
Appropriation to pay arrears-
ges clue Col. A. Y. Brumby, 12
Appropriation to pay arreara-
ges due T. R. Me Conn ell, 11
Appropriation to pay arreara-
ges due R. S. Camp, 12
Pay of President Senate and
Speaker of House, 12'
Their mileage,
12'
Pay of members of General
Assembly, 12,
Their mileage, 12*
Pay of Secretary of Senate, 12
" " Clerk of House, 12
Contingent expenses of each
House, 12
Pay of Messengers and Door-
Keepers, 12
Pay for cleaning, lighting and
keeping in order the Chan-
deliers during the Session, 13
i m
INDEX.
#fyfiropriatimis.— Continued.
Advance payments by State
Treasurer,
Governor to pay for services
required and 110 appropria-
tion made,
-General appropriation to pay
-salaries,
Appropriation to Ga. Relief
& Hospital Association,
Appropriation to pay the pub-
lie debt due and interest,
Governor to issue State Bonds
or Treasury notes in certain
cases,
Appropriation to J. M. Coop-
er &Co.
Appropriation to pay Guard
of State Magazine,
Appropriation to pay Military
Store Keepers in Milledge-
vilJe and Savannah,
Appropriation to pay expen-
ses of Electoral College,
A ppropriation to J. H. Steele,
. Appropriation as additional
qovy to Commissioners to
other States, sent by State
'••Convention,
Clerks to Compr. General,
Appropriation for relief of suf-
ferers by fire in Charleston,
Military fund for 1S62,
try to Clerk of Senate Com-
mittee on Judiciary,
>ropriation to Maj, H. J.
€E Williams,
ppropriation to pay balance
due to Professors in Geor-
gia Military Institute,
to A. Green &Co.,
" A. N. Simpson,
.« u "\yra \y. Boyd,
Appropriation to support State
Cadets in Georgia Military
Institute,
Appropriation of $100,000 for
support of State troops,
Appropriation for support of
pupils in Georgia Academy
ifor Blind,
13
13
13
13
13
13
13
14
14
14
15
14
14
14
15
15
15
15
15
15
15
16
16
85
Appropriation to J. H. Seals, 8-5
ATLANTA,
Bank of Fulton in, charter
amended, 22
North-Western Bank of Ga.
may have Agency at 2-3
Charter of city of, amended, 81
ARMS,
Appropriation for inanufac-
ture of 6-5
ARSON,
Burning R. R. Bridge by slave
or free person of color de-
clared to be arson—punish-
ment death, 68
Burning R. R. Bridge by
white person-penalty death 69
ATHENS,
Charter of, amended, 89
ATTACHMENT,
May be sued out on sequestra-
ted claims, 58
ATTORNEY AND SOLICITORS
GENERAL,
Appropriation to pay salaries
of, for 1S62, 11
Receiving fees and costs by,
in certain cases, made penal 69
ATTORNEYS AT LAW,
Must pay professional tax or
be stricken from the roll of
Attorneys, ' 16
AUGUSTA,
City council of, may issue city
Treasury notes, 25
City Council of, may fix sala-
ry of Judge of City Court, 91
B.
BANKS AND BANKING,
Suspension of specie payment
by, 'continued till 1st De-
cember, 1862, 18
Banks to redeem their bills in
Treasury notes when de-
manded in sums of $100, 18
Must issue change bills, 19
Advances made to State by, 19
Cotton Planters' Bank of Geor-
gia, incorporated, 20
Bank of Fulton, charter amen-
ded, 22
INDEX.
147
Banks Sf Banking—Continued.
North- Western Bank of Georgia,
charter amended, 23
Sale of Foreign Exchange reg-
ulated, 23
Deposit of money by married
women in Savings Institu-
tions, 23
Removal of Savannah Banks
to interior, 24
Removal of Timber Cutters'
Bank to Brunswick or Da-
rien, 24:
Charter of, amended, 24
Change bills issued by Palace
Mills company, and others
legalized, 25
BANK OF FULTON,
Charter amended, 22
BARKER, J. W.
Appropriation to, 15
BARTOW COUNTY,
Name of Cass co., changed to 101
BELL, H. P.
Pay to, as commissioner to
Tennessee, 14
BELLVILLE,
Incorporated, 91
BENNING, H.L.
Pay to, as commissioner to
Virginia, 14
BOGGESS, MRS.
Appropriation to 117
BONDS,
Gov. may issue State Bonds or
Treasury notes to raise
funds for Georgia Hospital, 13
•Gov. may issue State Bonds
or Treasury notes to raise
funds for other purposes, 13
Gov. to issue State Bonds to
Banks for former advances
to State, and in lieu of 6
per eta. 19
Bond to be given by Tax Re-
ceiver & Collector, 29
•Counties may issue. County
Bonds, fof Certain purposes, 30
"Trust funds may be invested
in Bonds of Confederate
State, 32
New or sufficient Bonds may
be required of Exrs., Adrnrs.
Trustees, &c., 33
To issue State Bonds to raise
the $350,000 appropriated
to buy and manufacture
arms, 65
BOYD, WM. W.
Appropriation to 15
BRIGADIER GENERALS
Appropriation to pay for ad-
vertising certain orders by, 11
BROOKS COUNTY,
Ordinary of, to draw deficit in
school fund for, I860, 106
BRUMBY, COL. V. A.
Appropriation to 12
BUSH, WM. H.
Relief of 119
BUTTS COUNTY,
County tax in, legalized, 122
C.
CADETS.
Appropriation on account of,
in Ga., Military Institute, 16
CAMPBELL, D. C.
Pay to, as Commissioner to
Delaware, .14
CAMDEN COUNTY.
Road laws in, amended, 121
CAMP, R. S.
Appropriation to, 12
CA. SA.
See Insolvent Debtors, 39
CASS COUNTY.
Name of changed to Bartow, 101
Name of Cassville, changed
to Manassas, 101
For change of name of P O.
see Resolutions.
CASSVILLE.
Name of, changed to ManaS-
sas, 101
CAVENDER'S CREEK and
FIELD GOLD MINING CO.
Incorporated, . 97
CESSIONS OF COURTS.
See Superior and Inferior
Courts, in index.
148
INDEX.
CENTRAL K. R. & BANKING
COMPANY.
May connect its track with
track of S. A. & G. R. R.
Co., at Savannah, 113
CHANDELIERS.
Appropriation to pay for light-
ing, &c. during Session, 12
CHANGE BILLSr
Issued by Palace Mills Co.,
legalized, 25
Those issued by other persons
and Corporations, legalized, 25
May be issued by City Coun-
cil of Augusta, 25
Sup't. W. & A. E. R. may is-
sue, 20
All Banks required to issue
certain amounts of Change
Bills, 19
CHAPLAIN.
To Penitentiary, appropria-
tion to pay his salary for
1802,
May be appointed to State
Troops,
CHARLESTON.
Appropriation for relief of suf-
ferers from the lire in.
CHIVE RS, Til OS. IL—DECT),
Administration of estate of
CITIES AND TOWNS.
Americus.
Charter of, amended, 37
Athens.
Charter of, amended, 89
Atlanta.
Charter of, amended, 89
Augusta.
Salary of Judge of City Court
in, 91
Pellvillc.
Incorporated, 91
Cusseta.
Charter of, amended, 94
Joncsboro.
Charter of, amended, 94
Summervillc, (in Richmond co.,)
Incorporated, 95
Spring Place.
Charter of, amended, 96
Rome.
Charter of, amended, 97
CITY COUNCIL OF AUGUSTA.
May issue city Treasury Notes, 25
May fix salary of Judge of
city court,
CLAYTON COUNTY.
Line changed between Pulton
and,
CLERK.
Of House of Representatives,
appropriation for his pay,
His salary fixed,
Clerk of Senate—committee
on Judiciary, appropriation
to,
Comptroller General allowed
certain clerks,
25
102
12
33
15
14
11
64
-14
11
79
101
CLERK SUPREME COURT.
Appropriation to pay certain
expenses of,
CODE OF GEORGIA.
Operation of, suspended till
1st January, ES63,
Certain sections in relating to
taxes, &c., changed,
COLQUITT COUNTY.
Tax on stock of non-residents
in>
| COMMISSIONERS.
108 j Sent by State Convention to
! different States, their pay, 14
[COMMISSIONER OP iNSUR-
ANCE.
Act of 12, Dec., 1859, in rela-
tion to, modified, 51
COMPANY.
Number to compose a Military
Company, 64
COMPTROLLER GENERAL.
Appropriation to pay salary
of, fori 862 _ 10
Allowed certain clerks, 14
Salarv of, fixed at $2,000, 70
His duties in allowing insol-
| vent lists to Collectors and
j Receivers,
(For his duties in reference to
| sales of lands of alien enemies
| under Tax ft fas, see Peso-
I lutions.)
SO
INDEX.
149
Comptroller General—Continued.
Certificate of pr. moneys paid
into Treasury, ' 81
His duties in reference to lev-
ying the State Tax for
1862, 73, 80
CONFEDERATE FIRE & MA-
RINE INSURANCE CO.
Incorporated, 49
CONTINGENT FUND.
Appropriation for, for 1862, 11
CONTINUANCE.
See Insolvent Debtors, 39
CORPORATIONS.
Cavender'sCreek & Field Gold
Mining Co., incorporated, 97
Turner Mountain Copper Min-
ing Company incorporated, 99
Charter of Dalton city Co.,
amended, . 100
COTTON PLANTER'S BANK-
OF GA.,
Incorporated, 20
COUNTIES.
Name of Cass county changed
to Bartow, 101
Name of Cassville changed to
Manassas, 101;
(For request to change name of
Post Office, see Resolutions.)
COUNTY LINES.
Between Clayton and Fulton,
Sumter and Schley, 102
COUNTY OFFICERS.
Offices of Receiver of Tax
Returns and Tax Collector,
consolidated, 29
Bond to be given by Tax Re-
ceiver and Collector, 29
Commissions due Tax Collect
tors and Receivers, 29
COUNTY REGULATIONS.
Act of 18th Feb'y. 1856, ex-
tended to Whitfield co., 103
Jury fees in Whitfield co., 103
Act 23d Dec. 1836, amended, 103
Fees for summoning talis ju-
rors in Elbert county, 104
Act of 16th Dec., 1857, re-
pealed, 194
Pay of Superintendents of
elections in Decatur co., 101
Tax on cattle of non-residents
in Colquitt county, 104
Stock of non-residents in Mur-
ray and Fannin counties, 104
Public Sales where held in
Muscogee county, 105
Felling timber in Toccoah
River, prohibited, 105
Issue of county Bonds for cer-
tain purposes, 30
COWETA COUNTY.
County tax in, 122
CRIMINALS.
May be discharged from jails
by Justices of Inferior
Courts, in certain cases, 57
CUSSETA.
Charter of, amended, 94
D.
DALTON CITY COMPANY.
Charter of, amended, 100
DADE COUNTY.
Patrol laws in relation to 115
DANIEL, N. C.
Pay to, as Commissioner to
Kentucky, 14
DECATUR COUNTY.
• Justices of Inferior of, may is-
sue county Bonds, 30
Pay not allowed to Superin-
tendentsof elections in, 104
DILLON—MRS. MARGARET.
Relief of, 118
DIRECT TRADING AND NAVI-
GATION COMPANY.
Incorporated, 8
DOHERTY—JOHN H.
Elmira Mathews may be Sold
into slavery to, 121
DOOR KEEPERS AND MESSEN-
GERS.
Appropriation for pay of, 12
Pay of fixed, 35
DUG AN—GEO. DEC'D
Sale of lands belonging to es-
tate of, 107
E
EARLY COUNTY,
Law to levy a road tax in, re-
pealed, 121
150
INDEX.
106
106
107
107
PHYSI-
116
104
31
33. ■
III
14|
23:
61
EDUCATION.
Ordinary of Brooks county,
John H. Wyly to draw educa-
tional fund due Habersham
county, for 1861,
Unexpended fund in Towns
county, to be paid over to
Relief Committee,
, Ordinary of White co., to pay
account of C. II. Ivy tie,
ECLECTIC BOARD OF
CI ANS.—Established,
ELBERT COUNTY.
Fees of Sheriffs, &c., for sum-
moniner talis jurors in,
ELECTIONS.
Election ofC. S. Senators,
Soldiers in service may vote,
ELECTORAL COLLEGE.
Appr. to pay expenses of
Appropriation to pay Sec'y. of,
EXCHANGE.
Sale of Foreign, regulated,
EXECUTIONS.
Against soldiers in service,
EXR'S., ADMITS., TRUSTEES
AND GUARDIANS.
May invest trust funds in Con-
federate State's bonds, 32
Appointment of new Assign-
ees and Trustees,
New or sufficient bonds may
be required of Executors,
Administrators, Trustees, &c. 33
Sale of lands of estate of Geo.
D ugan, deceased,
Admr. on estate of Thos. II.
Chivers, deceased,
Sale of lands of estate of Win.
Williamson, deceased,
Executor of Henry L. Taylor,
Acts of G. I. Green, Clerk of
Ordinary of Spalding coun-
ty, legalized,
EXTORTION.
Defined and made penal,
EYE—J. C.
Appropriation to,
EVIDENCE. |
Rules of in certain cases to be I
relaxed, GO
32
107
fosj
ios|
109!
110
66
15
Proof of open accounts, 59
F.
FANNIN COUNTY.
Stock of non-residents in, 104
FORNBY—MOSES.
Relief of, 118
FOREIGN EXCHANGE,
Sale of, regulated, 23
FULTON COUNTY.
Line changed between Clay-
ton and, 102
G
GENERAL ASSEMBLY.
and mileage of members
and officers of, fixed, 33
Appropriation to pay per uiem
and mileage of, 12
O 7
, State Treasurer to make cer-
tain advances, 3-3
Session to begin on 1st Tliurs-
day in November, 36
GA. MUTUAL INSURANCE CO.,
Incorporated, 43
GA. ACADEMY FOR THE BLIND
Appr. for support of pupils in,
for 1862, S3
GA. MILITARY INSTITUTE,
Appropriation to pay salary of
Superintendent of 12
Appropriation to pay arrear-
ages due certain officers of 12
Appropriation to A. Green & Co.
on account of, 15
Appropriation to Y. II. Manget, 15
" J. C. Eve, 15
" " A. W. King, 15
" " I. W. Barker, 15
" " A. N. Simpson, 15
" W. W. Boyd, 15
Appropriation on account of
State Cadets in, 16
Appr. to A. Y. Brumby, 12
Appr. to Thos. R. McConnell, 12
Appropriation to R. S. Camp, 12
GEORGIA RELIEF AND HOS-
ITTAL ASSOCIATION.
Appropriation of $200,000, to 13
Appropriated again, and direc-
tions how to be disbursed, 36
GEORGIA TELEGRAPH CO.
Incorporated, 130
INDEX.
ISl
GLENN, L. I.
Pay to as CommissionertoMis-
souri, 14
GLOVER, STERLING.
Relief of, 119
GOVERNOR.
Appropriation to pay salary
of, for 1S62, 10
Duties of, in referencce to ap-
propriation to encourage
manufacture of Salt, 7
May buy books for State Li-
brary, 11
May pay for services to State
required by General As-
sembly, where no appropri-
ation is made, 13
May issue Treasury notes or
State Bonds to raise the ap-
propriation to Ga., Hospit-
al & Relief Association, 13
May issue State Bonds to raise
means to meet any appro-
propriation when funds not
in Treasury, 13
May furnish certain clerks to
Compti oiler General, 14
His discretion in paying A.
Green & Co., assignees of '
TV. A. M. Lanier, 14
His duties as to Hospital fund, 36
Governor and Comptroller
General to assess $1,000,-
000, as tax for 1862. 80
Governor to assess State taxes
with reference to appropri-
ations made to Lunatic Asy-
lum, 73
His duties in issuing warrants
for appropriations to Luna-
tic Asylum, 73
GREAT SEAL OF STATE.
To be altered, 3S
GREAT SOUTHERN INSURANCE
COMPANY.
Incorporated, 44
GREEN, A. & CO.
Appropriation to, 15
GREEN, G. I.
Acts of, as Deputy Clerk of
Ordinary, legalized, 110
GUARD.
Appropriation to pay Guard
of State Magazine, 3#
Appropriation to pay Guard
of State House, 11
GUARDIANS. /
See Exr's. Admr's. Trustees..
Guardians, &c., in index.
H.
HABERSHAM COUNTY.
Educational fund for, for 1861,
to be drawn by John 11.
TVyly, lOCt
IIALL, SAMUEL.
Pay to as Commissioner to
North Carolina, It
HERN, ABNER.
Relief of, 118
IilLL, I). P.
Pay to as Commissioner to Ar~
kansas, 1.1
HOSPITAL.
See Georgia Relief and Hos-
pital Association, in index.
I.
INDICTMENTS.
Under Act to prevent monop-
olies, extortions, &c.,
INSOLVENT DEBTORS.
Act of 11th December, 1858,
amended, SS
Benefit of act extended to all
persons arrested under civil!
process, SB
Continuance of case only for
Providential cause, SB
Facts in issue tendered to be
sworn to, S5*
INSOLVENT LISTS.
How allowed to Tax Collec-
tors and Receivers, SB
INSURANCE COMMISSIONER.
Act authorising, modified, 5,1
INSURANCE COMPANIES.
Planters Insurance, Trust anH
Loan Co., incorporated, 4J2-
Georgia Mutual Insurance Co.9
incorporated,
Great Southern Insurance Co.„
incorporated, 41L
152
INDEX.
Insurance Companies.—Continued.
Southern Insurance Company, in-
corporated,
Confederate Fire Sf Marine In-
surance Company, incorpor-
ated, 47
Act of 12th Dec., 1S59, as to
Agencies of Foreign Insur-
anc-e Companies, in this
State, repealed, except as
to Agencies of Companies
in the U. S. • 51
Suits against, , 58
INTERNAL TRANSPORTATION.
Charter of B. & Fla. R. R.
Co., amended, 112
S. A. & G. R. R. Co., may ex-
tend its track to Tybee, 113
Track of C. R. R. Co., may
connect with track of S. A.
& O. R. R. Co., at Say., 114
J.
JEFFERSON COUNTY,
Phys icians and millers in, ex-
empt from Militia duty,
JOHN M. COOPER &CO"
Apnropriation to
JOHNSON, CHALES II.
Sale of lands of estate of Geo.
Dugan, deceased,
JONESBORO,
Charter of, amended,
JOURNALS,
See State Printer, in index.
JUDGES,
Appropriation to pay salaries
of, for 1862,
Salaries of, fixed,
Of Superior Courts to hold ad-
journed terms only when
they think proper,
Judges of Superior Courts to
give Act against monopo-
lies, extortions, &c., in spe-
cial charge to Grand Juries,
JUDICIARY.
Term of office of Judges of
Supreme Court prescribed,
Sessions of Courts:
Adjournment of Supr. Courts
116
13
107
94
11
70
56
67
52
in Northern Circuit, legal-
ized,
Courts in Middle District,
Superior courts in Putnam co.
Supr. andlnfr. Courts in Blue
Uidge circuit,
Sessions of Superior Courts in
Habersham and Banks, le-
Adjourned terms of Superior
Courts,
Adjournment of Infr. Courts
and Courts of Ordinary,
Discharge of criminals from
jail by Justices of Inferior
Courts,
Suits against alien enemies,
Continuance of causes during
the war,
Proof of open accounts,
Judges to relax rules of evi-
dence in certain cases,
Stay law continued,
Judgments obtained against
soldiers in service,
Certain orders and judgments
of Ordinaries, legalized,
Disabilities from past judg-
ments of divorce removed,
Statutes of limitations suspen-
ded during war,
Jurisdiction in cases in dama-
ges given to J ustices Courts
Certiorari laws amended,
JUDGMENTS,
Executions on, against soldiers
in service, not to be issued
till three months after close
of war, ,
Stay law,
Certain orders and judgments
of Ordinaries, legalized,
JUSTICES COURTS.
Cases in damages for trespass
on personal property may
be bought in,
If Justice dies before making
return to a certiorari, cause
to be sent back to Court
below for new trial,
53
51
54
55
56
56
56
57
53
59
59
60
60
61
61
62
62
63
63
61
60
61
63
64
INDEX.
153
K.
KEY, B. P.
May build dam on Ocmulgee
river,
KING, A. W.
Appropriation to
KYTLE, C. H.
To be paid his account for
teaching in 1858,
L.
LANIER, W. A. M.
Appropriation on account of
LAWS AND JOURNALS.
See State Printer, in index.
LUNATIC ASYLUM.
See State Lunatic Asylum,
in index.
M.
MACHINERY,
Governor authorized to pur-
chase, to make arms,
MAJOR GENERALS,
Appropriation to pay for ad-
vertising orders by,
MANASSAS,
Name of Cassville changed to
MANGET, V. H.
Appropriation to
MARUIED WOMEN.
See women, in index.
McCONNELL, THOS. R.
Appropriation to
MESSENGER
To Ex. Dept. his salary fixed,
Appropriation to pay salary
of, for 1862,
To Senate, pay to,
To House, " "
Pay of, fixed,
MILEAGE,
Appropriation to pay mileage
of members of General As-
sembly.
Mileage fixed by law,
MILITARY.
Pay and allowance of troops
in State service,
Chaplains and Surgeons,
Number to compose a Compa-
$5,000,000 appropriated as a
120
15
107
15
65
11
101
15
12
11
11
12
12
35
12
34
64
64
64
military fund for 1862, 15
$350,000 appropriated for
manufacture and purchase
of ajms, 65
$100,000 appr. for support of
State troops, 16
For action in reference to
transfer of State troops to
Confederate service see res-
olution No. 22.
Arms to be manufactured in
Penitentiary,
MILITARY FUND,
For 1862, appropriation of
$5,000,000 for,
MILITARY ORDERS,
Appropriation' to pay fot ad-
vertising them,
MILITARY STORE KIEPI R,
Appropriation to pay salary
of, at Milledgeville,
Appropriation to pay
of, at Savannah,
MONOPOLIES,
Act for suppression of,
MOTT, RANDOLPH L.
Issue of change bills by,
MURRAY COUNTY,
Stock of non-residents in,
MUSCOGEE COUNTY,
Public sales to be held
Court House door,
' O.
OPEN ACCOUNTS,
How proven in certain cases,
ORDINARIES,
See Exrs., Admrs., Trustees,
&c., see index.
P.
PALACE MILLS CO
Issue of change bills by , legal-
ized, 25
PATROLS,
Act of Feb. 20, '54, atnended 115
Laws as to Dade county, 115
PENAL CODE,
White womafa cohabiting with
slave or free person of col-
or, guilty of adultery, 68
Puishment of such white wo-
man, 68
at
65
15
11
14
14
66
25
104
105
59
154
INDEX.
Penal Code—Continued.
Punishment of the slave or free
person of color,
Slave or free person of color
injuring, &c. Rail Road or
R. R. property, to be pun-
ishecl by death,
Burning, &c., R. R. bridge,
made a capital offence,
A misdemeanor for the Atty.
Genl. or a Sol. Gfenl. to re-
ceive costs in certain cases,
Trading with the enemy, de-
clared a felony,
PENITENTIARY,
Appropriation to pay Chap-
lain of, for 1862,
Arms to be manufactured in.
PHYSICIANS,
Physicians and millers in Jef-
ferson county exempt from
militia duty,
Eclectic Board of, established, 116
PLANTERS INSURANCE, TRUST
& LOAN COMPANY,
Incorporated,
PLEADING AND PRACTICE,
Criminals may be discharged
from jail by Justices of In-
ferior Courts, in certain ca-
ses,
Suits on sequestrated claims
may be brought in State
Courts,
Issue filed to insolvent debt-
or's schedule, must be
sworn to,
♦Costs on such suits,
Attachments on such claims,
Service of writs, &c., in suits
against Insurance co's. 58
Continuance of causes during
the war, 59
Proof of open accounts, 59
If J. P. dies before making re-
turn to certiorari, cause to
be sent back to Court be-
low for trial, 63
PRESIDENT AND VICE PRESI-
DENT,
Approriation to pay expenses
68
6S
69
69
70
116|
40
57
39
57
57
of Electors of 14.
PRINTING FUND,
Appropriation for, of 1862, n
PROFESSORS,
Appropriation to pay salary
of, in Ga. Mil. Institute, 12 15
PUBLIC DEBT,
Appropriation to meet 13
PUBLIC PRINTER.
See State Printer, in index.
R.
RAIFORD, A. B.
Relief of 119
RAIL-ROADS,
Tax on 81
Change bills to be issued by
W. & A. R. R. 26
Salaries of officers and employ-
ees on W. & A. R. R. to be
enquired into and reduced,
if reasonable, 82
Charter of B. & Fla. R. R. Co.
amended, 112
S., A. & G. R. R. Co. may con-
nect its track with track of
Central R. R. at Savannah, 114
S., A. & G. R. R. Co., may
extend its track to Tybee, 114
C. R. R. &B'k'g. Co. may con-
nect its track with that of
S. A. & G. R. R. Co. at Sa-
vannah, 114
RELIEF.
Appr. to Mrs. Boggess, 117
Of Mrs. Margaret Billon, 11S
'' Moses Fomby, 118
" Abner Hern, 11S
" Wesley Shuffield, 119
" Wm. II. Bush, 119
" Augustus B. Raiford, 119
" Sterling Glover, 199
le Gabriel Toombs, 120
REPORTER OF DECISIONS OF
SUPREME COURT,
Appropriation to pay salary of
for 1862, 11
• Salary of, fixed at $800.
RETAIL LICENCE,
In Spring Place, 96
In city of Rome, 97
REVISED CODE.
See Code of Georgia, in index,
RIVERS AND DAMS.
B. P. Key may build a dam
across Ocmulgee river,
ROADS.
Road laws in Camden and Ear-
ly counties, amended,
ROME,
Retail license in city of
S.
SALARIES,
Salary of Gov. fixed at $3,000,
Appr. to pay salary of Gov.
for 1862, $4,000,
Salary of Sec. of State fixed
at-$1,600,
Appr. to pay salary of Sec. of
State for 1862,
For compensation to Sec. of
State for certain duties to
be performed in Surveyor
Generals's office, see Reso-
lutions.
Salary of State Treasurer fixed
at $1,600,
Appr. to pay salary of State
Treasurer for 1862,
Salary of Compr. General fix-
ed at $2,000,
Appr. to pay salary of Compr.
General for 1862,
Compr. General allowed cer-
tain clerks,
Salary of Sec. to Ex. Dept.
fixed at $1,200,
Appr. to pay salaries to Ex.
Dept. for 1862,
Appr. to pay salary of Messr.
to Ex. Dept. for 1862,
Salary of Judges of Supreme
Court fixed at $2,000,,
Appr. to pay salaries of Judges
of Supreme Ct. for 1862,
Salaries of Judges of Superior
Courts fixed at $1,500,
Appr. to pay salaries of Judges
of Supr. Courts for 1862,
Salary of Reporter of Supreme
decisions fixed at $800,
Appr. to pay salary of Rep or-
120
121
97
70
1©
70
10
INDEX. 155
ter of decisions of Supreme
Court for 1862, 11
Certain salaries may be drawn
quarterly, 71
General appropriation to pay
salaries, 13
Appr. to pay salary of State
Librarian for 1862, $500, 11
Appr. to pay salary of Supt.
Ga. Mil. Inst, for 1862, , 12
Appr. to pay arrearages of sal-?
aries due Professors and of-
ficers of Ga. Mil. Institute; 15
City Council of Augusta ffi'ay
fix salary of Judge of City
Court, - 70
Gov. to reduce salaries, if nee-,
essary, of officers and enti ty
ployees of W. & A. R. R. 82
Salaries and pay oi officer laird
members of the General As-
sembly, fixed, / 34
Appr. to pay salaries of Atty.
and Sols. Genl. for 18627 .-11
Salary of Supt. and Resident
Physician of Lunatic Asyr
lum, S 73
Salary of Trustees and officers
of Lunatic Asylum, 73
Appr. to pay salary of Chap- .
lain to Penitentiary for 1862,.. 11
Salaries of officers, &c., of W. f
& A. R. R. to be reduced, S2
SALES.
Public sales where held
Muscogee countv, 7s 105
SALT. .
Appr. of $50,000 to encourage ^
the manufacture of, , .. 7
SANDFORD, J. \V. A.
Pay to as Comr. to Texas, 14
S., A & G R. R. CQ.,
luck of, may be connected «
with track of C. R. R, Co*,
at Savannah; 114
May extend its track.to Tybee
island, 113
SAVINGS BANKS, ;L. ,
Married women may deposit
, certain monies in, free from
control of their husbands, 23
70
10
70
10
14
71
10
11
.70
70
11
•70
156 x INDEX.
SCHLEY COUNTY,
Line changed between Sumter
and 102
SEAL.
Great Seal of State, to be al-
tered, 38
SEALS, JOHN H.
Appropriation to 85
SECRETARIES OF EX. DEPT.
Appropriation to pay salaries
of, for 1862, 10
Salaries of fixed at $1200, 71
SECRETARY,
Appr. to pay Sec. of Senate, 12
Pay of Secy, of Senate fixed, 34
Salaries of Sec. of Ex. Dept.
fixed, 71
Appr. to pay salaries of Sec.
Ex. Dept. for 1862, 10!
SECRETARY OF STATE, !
Appr. to pay salary of, for
1862, 10
Salary of, fixed at $1600, 70
Offices of Secretary of State
and Surveyor General con-
solidated, 72
To reside at Capital, 72
SENATE,
Pay of President of 12
Pay of Secretary of 12
Pay of officers of, fixed, 34 35
SHERIFFS.
Sheriffs sales in Muscogee
county, where held, 105
Not to have fees on tax fi-fas.
when not collected from de-
fendents, 80
In Elbert county not to have
costs for summoning tales
jurors who do not serve, 104
SHIN-PLASTERS.
See change bills, in index.
SHUFFIELD, WESLEY
Relief of 119
SIMPSON, A. N.
Appropriation to 15
SLAVES AND FREE PERSONS
OF COLOR,
Going from Ga. into the mili-
tary service, may return to
Georgia,
71
Punishable for cohabiting with
a white woman, 68
For injuring, &c., R. R. prop-
erty or burning R.R. bridge,
to be punished with death, 68
Tax on, in city of Americus, 88
Elmira Mathews may sell her-
self into slavery, 121
SOLS. AND ATTY. GENERAL.
Misdemeanor to take fees or
costs, in certain cases, 69
SOUTHERN INSURANCE CO.,
Incorporated, 47
SPECIE.
Payment of, by banks suspen-
ded till 1st Dec., 1862, * IS
SPECULATIONS,
In certain articles prohibited, 67
SPRING PLACE,
Charter of, amended, 96
STAY LAW
Continued in operation till 1st
Dec., 1862, 60
STATE HOUSE,
Appr. to pay Guard of 11
Appr. to pay for winding and
keeping in repair State
House clock, 12
STATE LIBRARIAN,
Appr. to pay salary of, for
1862, 11
STATE LIBRARY,
Appr. to buy books for, for
1862, 11
STATE LUNATIC ASYLUM,
Appr. to pay salary of Supt.
and officers and employees
of, for 1862. 73
Taxes to be assessed in refer-
rence to appropriations made
to, 73
Extra appropriation to, to pay
arrearages due from, 74
STATE MAGAZINE,
Appr. to pay Guard of, 14
STATE OFFICERS.
Officers of Sec. of State and
Surveyor General consoli-
dated, 72
Sec. of State must reside at
Capital, 72
INDEX.
157
STATE PRINTER.
Number of Laws and Jour-
nals to be printed, 74
Distribution of Laws and jour-
nals, 75
Advance to, of $3,000, 75
STATE TREASURER.
Appr. to pay salary of, for
1S62, 10
Salary of, fixed at $1600. SO
May make advances to officers
of Government, 13
STATE TROOPS.
Appropriation for support of, 16
(See Resolutions for proposition
to transfer them to the Con-
federate service.) 22
STATUTES OF LIMITATIONS.
Suspended during war, ' 62
STEEL, J. H.
Appropriation to pay him as
Sec'y. of Electoral College, 14
STEWART COUNTY.
County tax in, 123
SUMMER VILLE.
Incorporated, 95
SUMTER COUNTY.
Line changed between Schley
and, 102
County tax in, 125
SUPERIOR AND INFERIOR
COURTS.
Adjournment of Sup'r. Courts
in Northern Circuit, legalized, 53
Times of holding Sup'r. Courts
in Middle District, fixed, 54
Time of holding Sup'r. Court
in Putnam co., fixed, 54
Times of holding in certain
counties in Blue Ridge Dis-
55
trict, fixed,
Certain sessions of Superior
Courts in Habersham and
Banks counties, legalized, 56
Adjourned terms to be held
when Judge thinks proper 56
Adjournment of Inf'r. Courts
and Courts of Ordinary, -56
SURGEONS.
May be appointed to State
Troops. 64
T.
TATTNALL COUNTY.
County tax in, 127
TAX.
County Tax on account of sol-
diers, 76
Tax Collectors elected in Jan-
uary, 1862, not to be com-
missioned till 1st March, 78
Tax Collectors allowed till
1st March, 1862 to make
payments to State Treasury, 78
But must pay in monthly the
collections made, 78
Confederate War Tax amend-
ed by State, (79) 79
Allowing insolvent lists to
79
Collectors,
No costs allowed to officer on
tax fi. fas. unless collected
out of defendant, 80
$1,000,000, to be levied and
collected as State tax for
1862, 80
Fee of Tax Collector on tax
fi. fa. to be 50 cts., 80
Insolvent lists, 80
Costs on tax fi. fas. 80
Insolvent lists, and Comptroll-
er General's duty in relation
thereto, 80
Tax on Railroads, 81
Commissions of Collectors, 81
Payment of money's into
State Treasury, 81
Time of making settlements
of Taxes with Treasurer,
extended, 82
County tax in Butts county,
for 1861, legalized, 122
County tax in Coweta co., 123
County tax in Stewart co., 123
County Tax in Sumter co., 125
County tax in Tattnall co.,. 127
County tax in Ware county,
to build a jail, not to l?e col-
lected, 128
Act to lay a tax pn stock of
non-residents in Wilcox co.
repealed, 129
County tax in Whitfield co., 129
158
INDEX.
TAX COLLECTORS.
See Tax, in index.
TAYLOR, HENRY L. deceased.
Executor of, 109
TAYLOR, WM. B.
Executor of, 109
TELEGRAPH COMPANIES.
Ga. Telegraph company, in-
corporated, 130
TIMBER CUTTER'S BANK.
Removal of, to Brunswick or
Darien, 24
Charter of, amended, 24
TOCCOAH RIVER.
Felling timbers in, prohibited, 105
TOOMBS, GABRIEL.
Relief of, 120
TOWNS COUNTY.
Unexpended part of school
fund in, to be paid over to
Relief Committee in, 107
TROOPS.
See State Troops, in index.
TRUSTEES.
See Exr's. Admr's. Trustees,
&c., in index.
TRUST FUNDS.
May be invested in Confeder-
ate,State's Bonds, 32
TURNER MOUNTAIN COPPER
MINING COMPANY.
Incorporated, 99
TYBEE ISLAND.
Rail Road may be extended to 113,
.V.
VASON, W. A.
Pay to, as Commissioner to
Louisiana, 14.
VOLUNTEERS.
Soldiers in service may vote— 34
appropriation for support
of, in State service, lg
(For proposition to transfer
State troops to Confederate
States service, see Resolu-
tions.)
W.
WESTERN & A. R. R.
Change bills to be issued by, 26
Salaries of officers, &c., of, 82
WHITE COUNTY.
Account of C. H. Kytle to be
paid, 107
WHITFIELD COUNTY.
Jury fees in, 103
WILLIAMS, H. J. G.
Appropriation to, 15
WILLIAMSON, WM. deceased.
Sale of lands belonging to es-
tate of, 10S
WOMEN.
Married, may deposit certain
moneys in Savings institu-
tions, free from control of
their husbands, ' 23
WRIGHT, A. R.
Pay to as Commissioner to
Maryland, 14
INDEX TO RESOLUTIONS.
Js'o. 1 Relative to a bill to authorize the Jus-
tices of the Inferior Courts to levy an
extra tax on account of Soldiers in ser-
vice and their families; also relative
to the assumption by the State of the
Confederate War Tax.
" 2.- Relative to monopolies, extortion and
speculations.
" 3. Messrs. Clark and Tucker, Agents
Georgia Hospital Association.
" 4. Election of Confederate States Sena-
tors.
" 5. On reduction of salaries.
" 6. Relative to Deaf and Dumb Asylum.
'• 7. Grant to certain lot of land in old
Early, to be issued to John Sapp.
" 8. Boundary line between Georgia and
Florida.
" 9. Rev. C. W. Thomas.
" 10. Relative to the prosecution of the
War.
a 11. Duties and pay of Secretary of State
as to Surveyor General's Office.
" 12. Resolutions as to collection of cotton
and other crops in Georgia.
" 13. Instructions to Tax Collectors to be
issued by Comptroller General.
No. 14. Tax Collectors and Comp. General.
" 15. Relative to the.blockade.
" 16. Resolutions relative to the resolutions
passed by Tennessee.
" 17. Copy of the Act to prevent specula-
tions, extortions and monopolies, to be
sent to Governors of each State in
Confederacy.
" 18. Tax Collectors and Comptroller Gen-
eral as to settlements for taxes raised
by sale of lands of alien enemies.
" 19. Census Takers.
" 20. Committee on Penitentiary.
u 21. Repeal or modification of the Seques-
tration Act recommended.
" 22. Tender of State Troops to Confederate
Government. '
" 23. Supreme Court Reports to be sent to
Dade county.
" 24. Relative to establishing a mail route
from Bengal to Reidsville.
" 25. Asserting Georgia's right to all lands
within her limits.
" 26. Adjournment of General Assembly.