a codification of the statute law of georgia : including

INDEX.

DIVISIONS.

I. INDEX TO THE INTRODUCTION,II. GENERAL INDEX,

ADVERTISEMENT.

It is believed that the following Index will be found in practice to comprise every article

contained in the text, according to its most appropriate and natural title. One great object

was kept in view throughout the whole—not only to facilitate the reference, when it may be

appealed to in the Courts, but also to enable the practitioner, with equal certainty and readi-

ness, to recur to any legal point on which he might need the express decision of the laws,

or which at the bar it might be necessary to quote, either in argument or as authority.

But a volume of this character, which is designed as a hand-book for all officers in every

department of the public service, or who are connected however remotely with the duties

appertaining to the Government, necessarily demanded that the Index should be both ex-

plicit and minute. Therefore, without any regard to a complaint of repetition, when any

topic admitted of additional illustration or a direct reference, the theme is introduced;

because, in many cases, the same subject in legislative language is mentioned under a dif-

ferent title ; and in those cases where it is probable that either appellative might be sought,

both are incorporated ; by which means it is scarcely possible that there is any matter really

distinct, in this whole Codification of the Laws of Georgia, which cannot be ascertained

without interruption or delay.

In conformity with these opinions, the prominent primary word will at once be discovered

upon a recurrence to the Index, and especially that which is used either in the express law,

or in its codified form—and for the sake of more distinctness in all cases, that title is quoted

in Italic letters, and in direct alphabetical order, so that it is impossible for any mistake to

arise in the search for the article wanted.

It was deemed advisable also to prefix the Index to the Introduction separate, as the por-

tions of the Juridical Code included in it comprise a variety of points of law, in some respects

distinct from the formal Statute Code of the State of Georgia. Moreover, it is proper to

remind the various official citizens, or attorneys and solicitors, or private gentlemen who

may use this volume, that if they cannot recall to remembrance the precise legal term which

they may suppose essential, yet they will be able in general to discover the information they

need, by looking at some analogous word, either under the principal or secondary classifica-

tion. It should also be recollected, that the alphabetical order is strictly adhered to in all the

derivative equally as in the primitive references, however numerous they may be ; and that

the use of the Italic letters constantly distinguishes the articles, and shows when the prior

subject is finished, and a new theme is commenced.

With this preliminary explanation, the Index is submitted with confidence that it will

receive full approbation.

November 19, 1845.

INDEX.

DIVISION L

INDEX TO THE INTRODUCTION.

.fiBBTES, advowson of, 13.

custody of, 13.

patrons of^ 13.

^bdicatlun of. the throne of Brit-ain by James U., 19.

Abolition of military tenures, 17.

w3ct of Settlement of the Britishcrown, 17.

Rejournment of the continentalcongress, 41.

federal congress, 46.

(Jeorgia legislature, 60.

house of re|iresentatives ofGeorgia, 60.

senate of Georgia, 60.

jSdowson of abbies, 13.

Affirmation f members of thelegislature of Georgia, 59.

Allegations against Britain by thefirst congress of the coIj-

nies, 33-35.

Alliances between individualstates and foreign powersprohibited, 38-48.

Alteration of the constitution ofGeorgia, 1-2.

Ameridnrnts to the constitution

of the United States, 53,

64, 55.

Amercement, mode of, 8, 9.

American citizens, security of, 55.

Appeal of congress to the British

public, 35.

of death by a woman, 11.

to congress from the individual

states, final, 39.

Apportionment of representatives

by the census of the Uni-ted States, 44.

Approbation of the governor of

Georgia to legislative pro-

ceedings, 65.

Appropriation of money by the

congress of the UnitedStates, 48.

by the Georgia legislature, 62.

Armies raised by authority of con-

gress 48.

Arms for defence allowed to Brit-

ish protestants, 19.

keeping of allowed to Ameri-can citizens, 54.

Arrest of members of the Georgialegislature proliibited 59.

Articles of confederation of theUnited Spates, 1778,36.

authority of, 42ratification ol, 42.

Arts, the promotion of, in Georgia,71.

Assembly of Georgia, elections of,

by ballot, 7l).

meeting of 58Assent of nine states requisite

for the ratification of theconstitution of the UnitedStales, 53.

Assent to laws refued by theBritish monarch, 33.

Assent to public measures, ninestales required to, 41.

Assizes, adjournment of, for diffi-

culty, 8.

holding of, 8.

of darien presentment, 8.

determination of, 8.

Attainder, prohibition of 4S.

Attorney of the state of Georgia,68.

salary of, 68.

tenure of office by, 68.

BAIL, excessive, prohibited, in

Britain, 18, 19.

in the United States, 55.

Banliruptcy, law of, 47.

Banks ofriven, construction of, 9.

defending of, 9.

distraint for, 9.

makers of, 9Barony, escheat of, 12,

service for. 12.

tenure of 12.

Karons of the five ports, 8.

Benevolences^ exactions of, 15.

illegality of, l5.

Bill of Rights, 18-20.

complaints in the, 18.

declar itions of, 19.

demands by, 20.

Bills for revenue, hy the congress

of the United States, 46.

amendments to, by the senate,

46.

origin of, 46.

Bills fur revenue, by the legisla-

ture of Georgia, 59.

amendments to, by the senate,

59.

origin of, 59.

Bills enacted by the congress of»he United States, 46.

presentation of, to the president,

46.

rejection of, by the president,46.

rules concerning the, 47.

Bills passed by the legislature ofGeorgia, 59.

revision of, by the governor, 65.

rules respecting the, 59, 65.

Bishoprics, custody of, 7.

61

Boundaries of Oeorgia, 61.Boundary of counties, alteration

of, by the general assem-bly, 60.

provisions respecting, 61.Boundary of Georgia, by the char-

ter of J 732, 24-26.Bridges, construction of, 9.

distraint for, 9.

defending of, 9.

makers of, 9,

Britain, allegations against, byAmericans, 33-35.

constitution of, 17.

British Protestants, arms allowedto, 19.

disarming of, 18.

British public, appeal to the, bythe American colonies, S3.

CAJVADA, provisions for the ad-mission of, into the Ajneri-can confederation, 1778, 42

.

Capitation tax, regulation for, 48.Carriages, forced service of, 10.payment for, 10.

Carts, taking of for the king, 10.

Castle, purveyance for a, 10.

seizures of property for, to bepromptly paid. It).

Castle ward, distraint for, 10.

exemption from, 10.

Census of Georgia, authority for,

62.

periods of, 63.

Census of the United States, ap-portionment of repreeenta-tivesin congress by the, 44.

peri dical time for, 44.

Charta, Magna, the, 1225, 5-15.confirmation of liberties by, 5.

grant of, 5.

ratification of, 14.

subsidy granted by, 14.

Charter of the liberties of theforest, 14.

of the province of Georgia,20-3>.

boundary by the, 25.

corporation of, 21-24.election of members of the eof-

poration, 27.

grant of corporate powers by,

lands granted by, 28laws !>uthorized by, 26.

nomination of officers by theking, 31.

officers appointed by the corpo-ration, 26.

ordinances authorized by, S6.

962 INDEX TO THE INTRODUCTION.

Charter^ quorum ofcorporation,30Statutes authorized by, 26.

Charier, the great. 5-15 ; refer to

C/iarla, Magna.Cities, cusltima and libertiea ofj

confirmed, 8.

Citizens. American, secilrity ofj 55a

Clerks i>f Courts, in Georgia, 69.

election of, 69.

Coins, regulation of, by congress,

duiing the confederation,4 ».

under the federal constitution,

47,

Commander-in-Chief, the, of thecolony of Georgia, 31.

of the slate of Georgia, 65.

Commerce, regulation of, by theconfederation of the Uni-ted States, 1778,38.

by the federal government, 47.

treaties concerning, 39Commission for forced loans, 15.

unlawfulness of, 15.

" Committee uf the States," 1778,40-41.

authority of the, 42.

power of the, 41.

restrictions on the 41." Common Law, ^' suits at, 55.

rules of, obligatory. 55.

trials at. by jury, 55.

Common Picas, the British courtof, stationary, 8.

C&mpensation for public duty 8.

the governor of Georgia. 63.

judges of the state of Georgia,68.

judges of the United States, 51.

members of congress, 46.

officers of the state of Georgia,66.

president of the United States,

5'J.

Condemnation of citizens by law,12.

by the peers, 12.

unlawful without, trial, 12.

Confederation of 1778, articles of,

36-43 ; refer to Articles ofConfederation.

Confirmation of liberties, general,5.

Confirrration of the liberties ofboroughs, 8.

cities, 8.

five ports, 8.

London, 8.

towns, 8.

Congress, the adjournment of, 46.

appeal <«f to Britain, 35.

apportionment of the, 44.

armies raised by authority of,

48.

contracts made by, valid, 42-53.delegates for, 37.power of, 47.

representatives in, 44.

restrictions on the confedera-tion, in, 41.

restrictions on the federal, 54,55.

vacancy of representatives in,

44.

Constitution ofBritain, documentson the, 17.

Constitution of Georgia, the, 50-75,

alteration of, 72.

dmcndment in, 73,74.appendix to, 73.

oath of office required by, 75,Constitution of the United States.

the, 43, .55.

amendments to, ,54, 55.

courts authorized by, 51.

executive power crea'ed by, 48.

judicial power granted in, 51.

legislative power enacted by.44.

Constitution of the United States,

ratification ol. 53.

Continental Congress, articles ofconfederation of, 36,43.

adjournment of, 41.

contracts by, valid, 42.delegates to, 37.

jurisdidion of, 42.

principles of 37.

power of. 39 40.

ratification of the articles by,42

restrictions on, 41.

Continuance in office in Georgia,7(1.

Contracts made by congress,

valid, 42-53.Contradiction to the British laws

and statutes, by James II.,

19.

Convictions on impeachments, bycongress, 45.

release from, in Georgia, 71,

Corporation of xhe colony ofGeor-gia, 21 ; refer to Charter

of the province of Georgia,Corruption of juries in Britain,

by James II.. 18.

Counterfeiting of coin and securi-

ties of the United States,

47,

punishment for. 47.

Counterfeiting of the great seal ofGeorgia. 75.

Counties in Georgia, boundary of,

61.

alterations of, by the generalassembly, 61.

County Courts in England, hold-ing of, 13,

times of, 13.

County Courts in Georgia, 67.

Courts for ecclesiastical causes in

England, 18, 19.

Courts in Georgia, clerks of, 69.

election of, 69.

inferior, 67, 65.

justices', 68.

of ordinary, 68.

of register of probates, 68.

power of, 67.

sessions of, 67.

superior, 68.

supreme, 67.

Court of the United States, the, 51.

judicial power of, 51.

restrictions on, 51, 55.

Criminal cases in Georgia, 67.

jurisdidion over, 67.

Criminal prosecutions in Georgia,

rules for, 55.

Crown Pleas in Enijland, prohibi-

ted to be held by the offi-

cers named 9.

Cruel punishments unlawful, in

Britain, 18, 19.


Customs of cities in England con-

firmed by the great char-

ter, 8.

DARIEN' presentment, assizes

of, 8.

determination of. 8.

Day of election for electors ofpresident and vice presi-

dent, 49.

Death, appeal of, by a woman, il.

Debt, imprisonment for, abolish-

ed in Georgia, 71.

Debtor., a, to the kmg in England,payment by, 9,

XJfi&fors, fraudulent, 71.

Debts, contracted by congress,valid, 42, 53,

Declaration of Independence, the,

33, 36.^

pledge to, 35.

signatures to, 35, 36.

Defending of banks, 9.

Defrayment of ihc public expendi-tures by the confederation,39.

by the federal government, 47.

Delivery of fugiHi^es among thestates, 52.

Departments of government in

Georgia 56.

Dispensing wWhhiv/ahy the kingof Britain, 18, 19.

Direct taxation, rule of, 48.

Dispossession of lands in England,without law, 16.

Distraint for undue service pro-hibited, 8.

Divorces in Georgia, rules for, 69.

Domrr of Castle-ward, in Ei.glandj10.

Donations by the general assem-bly of Georgia, restriction

on, 62.

Duties on imports, by the confed-eration, 39.

by the federal congress, 48.

ECCLESIASTICAL CAUSES,in Britain, courts of, tyran-nical, 18, 19.

Edwakd I , confirmation of thegreat charter l)y 5.

Election of governor of Georgia,63.

judges of Georgia, 67.

justices of the peace in Geor-gia, 68.

members of parliament in Bri-tain, 19.

members of the general assem-b'y of Georgia, 69

military officeis in Georgia,70.

president and vice president ofthe United States, 49.

representatives to congress,45.

senators to congress, 45.

the corporation of Georgia, 27.validity of, for congress, deci-

ded upon by eacli house, 45.Elections in Georgia, 63.

by the general assembly, 70.

Electors of president and vicepresident, of the UnitedStates. 49.

day of the election of, 49.

Embassies to foreign powers fromany individual states pro-hibited by the confedera-tion, 37.

unconstitutional under the fed-eral government 48.

Emigration to the colony ofGeorgia encouraged. 28.

English Constitution, the, 17.

Enumeration of rights in theconstitution ot the UnitedStates, 55.

Equal rights of American citizensin every state, guarantiedby the confederation, 37,5^.

under the federal government,52.

Equality of religious denominationsin Georgia, 71.

Escnaae in England, 11.

Establishment of religion in Geor-gia prohibit' d. 71.

Establishment of religion in theUnited States unconstitu-tional, 54.

Excessive bail prohibited in Bri-tain, 1>^, 19.


Excessive fines illegal, £5.

Executions without law in Eng-land, 16.

Executive power of Georgia, 63.

the United States. Ai

Exemption fom punishment in

England illegai, 17.

INDEX TO THE INTRODUCTION. 963

Exercise of religion, freedom of, in

Geor.iii, 71.

right of, in the United States,54.

Expenditures, public, the, liquida-

tion of, by the confedera-tion, ay.

by tlie I'ederul congress, 47.

Ex post facto laws in Georgia for-

bidden, 70.

Ex post faclo laws in the UnitedStates nnl.iwful, 48.

Extinction of Indian Titles to

hinds in Georgia, 61.

FAITH line to public records

throughout the UnitedSlates, 5-2.

Federal Congress ; refer to Con-gress.

Felon^s lands, a. AeVivery of, by tlie

king of England, 10.

tenure of, 10.

Felony, effect of the conviction

of, in Georgia 60.

punishment of, by the UnitedStates, 47.

Ji'tnes, excessive, l^, 19.

grants of, illegal, 20.

unconstitutional, 55.

Five ports, bi>rons of the, 8.

Forfeitures grants of, void,^Frank-pledge, 13.

Fraud by debtors, 71.

Freedom, coniradictio s lO, 19.

ofeleciions destroy<'<l, 18.

removal by iiijzens,37.

speecli in jmiiriment, 19.

speech in the United Siates,

the press in Georgia, 70.

the press in the United States,

54.

F-equent parliaments, 20.

Fugitives, delivery of, 52.

escape of, 52.

OEORGE II., charter of Geor-gia by, 20.

Georgia, boundary of, 24, 61.

census of, 62. Ii3.

charter of, 20-32.

counterfeiting of the seal of,

75.

executive power of, 63.

general assembly of, 58.

government of, 56.

governor o. 63.

approbation of, to legislative

proceedings, 65.

great seal of, 73judicial power of, 66.

legislaiure of, 58.

a<l journment of, 60.

affirmation of members of,59.

meeting of, 58.

power of 5r<.

proceedings of 65.

penalty for c.>unterfeiting the

seal of, 75.

signature of the governor of,

73 74.

Government according to law, 17.

republican, guarantee of, bytlie United States, 53.

Governor of Georgia, power of,

65.

signature of, 73.

Grant of a subsidy to the king,

14.

Grants of land by Georgia, 28. 74.

Great Charter, the, 5, 16 ; refer

to Cluirta Magna.Guardians of bishoprics, 7.

ecclnsiastical property, 7.

inheritances. 6.

HABEAS CORPUS, 16, 17, 48,7i.

Heir, an, knighthood of, 6.

marriage of, 7.

wardshiii of 6.

Hknry ill., charter by, 5.

Horses seizure of, for the king, 10.

payment for the, 10.

House of Representatives "f Geor-gia, .57 ; refer to Represen-tatives in the General As-sembly of Georgia.

House of Representatives of theUnited States, 44.

adjournment of, 46.

apportionment of membeis of,

44.

compensation of the membersof, 46.

impeachment by the, 44.

journal of the, 45.

jurisdiciion of the, 45.

meeting of ihe^ 45.

members of the, 44.

officers chosen by, 44.

qualifications of the membersof 44.

restrictions on the, 46.

revenue hills originated in, 46.

rules of, 45.

time of election of, 45.

USABILITY of the president,

51).

vice president, 50.

Illegal prosecutions, 18.

Impeachment, power of, in Geor-gia 58.

in tiie gpvernmcnt of the Uni-ted Slates, 44.

Importation of goods, 39, 44.

of slaves into Georgia prohibit-

ed, 71.

of slaves into the UnitedStates. 48.

Imports, duties on, by congress,

47.

Imposts of particular states pro-

hibited, 3 , 39, 48.

Imprisonment for debt in Britain,

16.

in Georgia abolished, 71.

of prelates in England, 18.

Independence, declaration of, 33-36.

Indian Titles to land in Georgia,extinction of, 61.

Inferior Courts of the UnitedStates 51.

Inheritance of widows, 7.

Injury to slaves, 71,

punishment for, 71.

Inquisition of life, 11.

of a memi)er of the body, 11.

JOURJSTALS of Congress, 45.

ihe general assembly of Geor-gia. 59.

Judges of Georgia, 66,

appointment of, 66.

power of, 69.

salary of, 68.

Judges of the United States, 51.

appointment of. 51.

jurisdiction of, 51.


Judgment on impeachment, effect

of, by congress, 45.

. release from, in Georgia, 71.

Judicial power of Georgia, 66.

Judicial power of United States,

51.

extent of, 51.

Juries, coriuption of, in Britain,

18.

Jurisdiction, original, of the su-preme court of Georgia. 66.

supreme court of the UnitedStates, 51.

Jurisdiction, territorial, 40.

Jurors, qualifications of, in Bri-tain. 19.

Jury, trial by. in Georgia 70.

throughout the United States,

51,55.Justice, deferring of, 12,

sale of, in England, 12.

justices in the inferior courts iuGeorgia, 68.

powers of. 68.

Justices of the Peace in Georgia,election of, 6f.

powers of, 63KIJ\rG, the, barony taken by, in

escheat, 12.

char ers of advowson by, 13.court of 8.

debtors to. 9.

felons' lands held by, 10.

relief of the tenant of, 6.subsidy granted to, 14.sureties to, 7.

tenant of, 6.

tenure from, 12.W'dow of, 7.

LAJfD, dispossession of, 16.Lands, alienation of, 12.

of a ward 6.

Imw, wager of, 11.

Laws by the congress of the Uni-ted States. 47.

dispensing with, by the Britishking, 18, 19.

suspension of, 18, 19, 33.League between the American

states, 3fi.

Legislation, exclusive, of congressover the District of Colum-bia, 47.

Legislative power of congress, 44.of Georgia, 56.

Legislature of Georgia, 56.

power of, 5B.

privileges of, 56.

punishment by, 59.qualifications for, 58 ; refer

to Representatives in iheGeneral Assembly of Geor-gia, and Senate of Georgia.

Levying of money by royal prero-gative in Britain, L-', 19.

Liberties, confirmation of, 5.

Liberties of boroughs, 8.

cities, 8.

five pons, 8.

London, 8.

towns, 8.

Liberty, principles of, 33.Literature in Georgia, encourage-

ment of, 71.

Loans authorized by congress, 47.forced, in Britain, 15.

London, free customs of, 8.

liberties of, 8MAGJSTA CHARTA. the, 5-15:

refer to Cliarta, Magna.Majority of the corporaUon of

Georgia, 24.

Martial law illegal, 16.

Measures of goods, uniformity o«11.

Merchant strangers in England, 12.Migration of persons to the Unit-

ed States, 48.

Military tenures, abolition of, 17.

Militia of the United States, re-gulations of. 47, 55

Militia officers in Georgia, 70.commission of, 70.

courts martial on, 70.

election of, 70removal of, from rank, 70.

Money, drawn from the treasuryof Georgia. tl2.

treasury of the United States48.

'

unlawful levying of, in Britain,18, 19.

Mortmain, bequests to conventsby, unlawful and void, 13.

JÂT URALlZATIOJ\r of citi-

zens. 47.

.ATavy of the United States, 47.

Jêw states, admission of; into thefederal union. 52.

Jôbility, titles of, unconstitutional, 1>A.

064 INDEX TO THE INTRODUCTION.

OJiTH of of^ce, general, in Geor-gia, 75.

governor of Georgia, 64.

president of tlie United States,

50.

representatives in congress,53.

representatives in the generalassemhly of Georgia, 60.

senators in congress, 53.

senators in the general assem-bly of Georgia, 60.

Orders of the congress of theUnited States, 46.

general assembly of Georgia,65.

Original jurisdiction not in thesupreme court of Georgia,66.

of the suprpme court of theUnited States, 66.

PATEJsTTS taws concerning, 47.

Patrons of Abbies, 13.

Payments of money by collectorsin Georgia, 70.

Peace made by congress, 47.Persons, security of, 55.Petit Sergeantry, 11.

Petition against arbitrary oppres-sion, 17

Petition of Right, 15.

Petition, right of, in Biitain, 19.


Petitions to Britain by the Ameri-can colonists for redressvain, 35,

Piracy, punishment of, 47.

Pleas of the British crown, hold-ing of, 9.

Post Offices and Post Roads, estab-lishment of, 47.

Powers of Congress, 47 ; refer to

Congress.of the corporation of the col-

ony of Georgia to makeordinances, 24.


senate of Georgia, 57.senate of the United Slates,

45,

Powers reserved to the respectivestates, 55.

^'Pracipi in capite,^' writ of, 11.

not grantable, 11.

President of the senate of Geor-gia, 57.

of the senate of the UnitedStates, 45.

President of the United States, 48.

commander-in-chief, the, 50.

compensation of, 50,

death of, 50.

duty of, 50.

election of, 49.

impeachment of, 50.

inability of, 50.

oath of, 50.

power of, 50.

punishment of, 50.

qualifications of, 49.

resignation of 50.

Press, freedom of the, in Georgia,70.

throughout the United States,54.

Principles of Liberty, 33.

Privileges of congress, 45.


Prohibitions to the individualstates, 48.

Property, private, security of, 55.

Punishment of civil officers of theUnited States 51.

counterfeiting coins and securi-

ties of the United States,47.

counterfeiting the great seal ofGeorgia, 75.

Punishment of felonies on the highseas, 47.

of piracy, 47.

respecting slaves in Georgia, 71.

treason, .'>2.

Punishments, cruel, in Britain, 19.

in the United States unconsti-tutional, 55.

Purveyance for a cnstle, 10.

Q,UALIFICATIOJVS (or govern-or of Gforgiii, 61.

representatives in congress, 44.

representatives in the generalassembly of Georgia, 57.

senators in congress, 45.

senators in the general as-

sembly of Georgia, 56.

Quartering of Soldiers in Britainoppressive, 16, 18.

in the United States, regula-tions for, 54.

RATIFICATIOjY of the bill ofrights, 20.

confederation of the UnitedStates, 42.

constitution of the UnitedStates, 5?.

magna charta, 14

Reconsideration of Bills returnedby the Governor of Geor-gia to the general assem-bly, 65.

the president to congress, 46.

Records, public, faith in, 52.

Relation o\' tin; states, under theconfederation, 36.

Religious rights m Georgia, 71.

the United States, -A.

Religious test, a, unconstitutional,53.

Removal of citizens, 37.

Representatives in congress, 44.

ap])ortionment of, 44 ; refer to

House of Representatives ofthe United States.

Representatives in the generalassembly of Georgia, 57.

adjournment of, 60.

election of, 57.

excluded from other civil offi-

ces, 46.exempt from arrest, 59.impeachment by, 58.journal of, 59.


meeting of 53.

number of, 57.

oaih of, 6(J.

officers chosen by, 58.

power of 58, W, 61,

privileges of, 58, 59.

punishment by, 58,

qualificati'ns of, 57.

restrictions on, ^8.

revenue bil's originated by, 59.

rules cf, ,59.

term of service of, 57.

vacancy in, 65.

Republican government guaran-tied to the United States,53.

Resolutions of Congress, approvalof by the President. 46.

general assembly of Georgia,sanction of, by the govern-or, 65.

Revision of bills by the governorof Georgia. 65.

constitution of Georgia, 69.

Rights, bill of, l8-->0.

Rules of congress. 45.

general assembly of Georgia,58, 59

SjiLARY of judges of Georgia,6-<.

the United States, 51.

Salary to the corporation of theCiiloiiy of Georgia illegal,

23Science promoted by Georgia, 71.

Seal of Georgia. 66.

counterfeiting of, 75.

Secretaries of the governor ofGeorgia, 66.

Secretary of state of Georgia,salary of, 66.

Security of persons and property,55.

Seminaries for the arts and sci-ences established in Geor-gi.. 71.

Senate of Georgia, 56.

powers of, 57.

president of, 57.

qualifications for, 56.

Senate of the United States, 44.adjournment of, 46.

com[)ensation ofmembers of, 46.election of, 45.

journiil of, 45.

members of, chosen by the statelegislatures, 44.

powers of 45.

president of, 45,qualifications for, 45.rules of, 45.

vacancies in, 45.

Senators of ihe United States ex-cluded from all other civiioffices, 46.

Service, ancient, distraint for, 8.

Sheriff, term of in England, 13.

Sheriffs of Georgia, (i9.

Slaves, em-incipation of, 71.importation of, 71.

killing of, 71.

maiming of, 71.

removal of, 71.

Soldiers, quartering of. In Britain.16. 18.

upon American citizens, uncon-stitutioni], 54.

Solicitor General of Georgia, 68,compensation of, 68.

term of service of, 68.

Standing army in Britain illegal,

18, 19. ^ "

State, forces of a, under the con-federation, 38.

State papers, 5-75.

States, committee of the, 40, 41 ^

refer to Committee of theStates.

Strangers, merchant, in England12.

Subsidy granted to Edward I., 14.Superior Court of Georgia, 67.judges of, 67.


rub 8 of, 67.

Supreme Court of Georgia, 6G.judges of 66.


rules of, 66.

Supreme Court of the United!Stites. 51.

jurisdiction of the, 5'.

Supreme law of the land, 53.Sureties to the king of England, 7.

Surveyor General of Georgia, 66,salary of, 66.

Suspension of laws by the Britishking, 18, 19

in the American colonies, 33.TAKIJ^TG of property by the

king of England by force^10.

carts, '0.

horses, 10.

wood, 10

Taxation, direct, in the UnitedStates, 47.

Taxes of the United States, 47.upon tr.idf between the states

prohibitod 4-<.

Tenant of the king of England, 6.Tenure of the king by knight's

service, 1 1.

in socage, 1 1.

Territorial jurisdiction, 40.

INDEX TO THE INTRODUCTION. 965

Territories of the United States,52.

jurisdiction of congress overthe, 52.

Titles of nobility in the UnitedStates unconstitutional, 48.

Towns, customs and liberties of,

confirmed, 8.

Treaties, separate, between twostates unconstitutional, 38

TythinsT, customary, keeping of,

1,3.(/J\riOJ^of the American states,

36.

rA 'AJ^CfES in Congress, 44,45.

Vacancies of office in Georgia,filling of, 64,65.

Vessels of tVar during peace for-

bidden by the confedera-tion, 38.

Votes of Congress, approbation bythe president, 46.

general assembly of Georgia,sanction of, by the govern-or, 65.

JVAOEROFLA fV(\\sa.noweQ 11.

fVar, declaration of, by congressonly, 47.

prohibited to be engaged in byseparate states, 3d.

Wards, guardians of, 6.

inheritance of, 6.

lands of, 6.

waste of, 6.

Wears, extirpation of, 10.

Widow of the king, 7.

Widows, inheritance of, 7.

marriage of, 7.

quaientine of, 7.

Witness, sufficient required, 11.

Woman, appeal of, on death, 13.

Wood, taking of, fur tiie king, 10.

Writs of election in Georgia is-

sued by the governor, 65.

DIVISION II.

GENERAL INDEX.

^SATEMEJVT of letters of ad-ministration, 462,

letters testamentary, 462.

nuisances, 749.

proceedings, 573,suits against administratrix,

46'.

suits against executrix, 4G2.

^bbies, -Miowson of, J3.

custody of, 13.

patrons of, 13.

Abdication of the throne of Bri-tain by James II., 19.

Abercorn Creek, tax on the landsabove, 124.

Abettors of Clime, 702.Abolition of military tenures, 17.

Aborigines exempt from the dis-

abilities ofpersons of color,

833.

Absence of seven years beyondseas, 682.

Abuse of slaves, 77").

Abuses by administrators, 477.

executurs, 477.

guardians, 477.

Academicus SenaUis, ofthe univer-sity of Georgia, 189; refer

to Senatus Academicus.Academies— 176-186.

accounts, two copies to be fur-

nished by the trustees, 180.

annual payments to, 180.

appropriation of confiscatedproperty for, 176.

appropriation of county surplusfunds for, 179.

appropriations, special, for, 178.

arrearages, settlement of, 183.

dividends for, and distributionof, 179.

endowment of, 176.

general fund for, 179.

general distribution of, 179.

lots reserved for, 178.

moneys of, to be paid 1o thetrustees, 186.

moneys, penalty for witholdingof, Is6.

poor scholars to be reported,183.

proportion of money for eachcounty, 175.

trustees of, 18J.

Academy, lands of, exempt f.omtaxation, 132.

lots, fees for grants of. 142.

./icceptawce of bills by underwriting,438.

full satisfaction for debt, 438.

of sur|)lus revenue from thegeneral government, 140.

appropriation of, 141 ; refer to

Surplus Revenue.Accessories in crimes, 703.

after the fact, 703.

before the fact, 703.

in felony, 307.

in infanticide, 707,

in military disobedience, 245.

in petty treason, 308.

punishment of, 703.

Accidental crime, 702.

Accidental fire, no waste by, 61^.

Account book ofthe governor, 117.

by administrators, 477.

by executors, 477.

by guaidians, 477.

Accountability of Trustees, 311.

Accounts of estates, rendering of,

476.

neglect of, 476.

of officers, rendering of, 779.

of taxes to be kept by the treas-

urer, 117.

ofthe state of Georgia, 115-118.

abstracts of, to be laid before

the legislature, 117.

auditing of, 116.

keeping of, 1 17.

of witnesses, 584.

Accusation against slares and free

persons of color in writing,

844.

Accused, examination of tlie, 780.

Accuser, examination of the, 780.

Acre, measure of an, 387.

Act for the security ofslave prop-

erty, 1841,823.

Act of settlement of the British

crown, 17.

Action against the devisee of anobligor, 459.

heirs of the obligor, 459.

aliening before, liability of heir

for, 460.

for damages on ejectment, 620.

Actions—537-550.

absconding debtors, 549.

administrators parties in, 549,

against administrators, notwithin a year, 549.

co-obligors, 543.

copartners, 643.

executors not within a year,

549.

justices for false warrant, 773.

auditors in, 539.

bail before the commencementof, 564.

pending, 565.

special on, 565.

before justices, 663.

brought by receivers of banks.

365.

commencement of, 543.

concerning fines, 542.

forfeitures, 542.

non-residents, 543,

damages recoverable by, 537,

disabilities in, 541.

ejectment, 539.

quiet possession for twentyyears, 540,

the barring of under claim-

ants, 511.

exceptions in, favorable to idi-

ots, infants, and lunatics,

542,

execulois of executors by, 537.

infants by procliein ami, 537.

joint contractors, 543.

judgment on, 539,

account against baiUfTs. 539.

against executors, 539.

limitation of, 539,

not abated by death of the par-

ties, 549.

Actions not abated by marriage offeme sole, 537.

omission of names of parties in,

543,parties in, 537,

personal cases, 541, 597.

property in judgment, by, 543.

securities, 542.

special bail on, 565.

special defence not necessary,546.

trespass, costs for, recoverable,538.

on agreements, 538.

on bonds, 538.

covenants, 538 ; refer

Proceedings on Actions.Acts, malicious, 765.

of mischief, 7H5,

Actual service of militia, 251.Adjournment of the coatineutel

congress, 41.

federal congress, 46.

Georgia legislature, 60.

House of representatives inGeorgia, 60.

Senate ofGeorgia, 60.

Admeasurement of dower, 433.fire-wood, 892.

land, 387.

Administering of medicine bjslaves prohibited, 812.

Administration of an estate by theclerk of a court, 474.

of a will, 464.

fraudulent obtaining of, 472.grant of, with will annexed,

472.

letters of, 468, 469.

title by, 464.

on the estate of Indians prohib-ited. 321.

Administrator, accountability of,475.

appointment of, 473,bond of, 4G9, 473.

claims against, 482.

compensation of, 474. 430.

de bonis non, 473.

dismission of, 487.duty of, 474, 475.

evidence of office, 474.liability of, for neglect, 476.mismanagement of, 478.non-resident, 478.

oath of, 4C9, 473.

of a will, 469.

removal of, 478.

revocation of letters of, 479.

sales by, 481.

security by, 474.

sureties of, 471.

titles executed by, 483.

with will annexed, 572.

Administratrix of an estate, mar-riage of 469.

Admission of oral evidence, 589.

of parents to the distribu^ ion of

a child's property, 466.

of probate of wills 46 i.

Adoption of Rnglish law, 93.

Adultery, forfeit of dower by, 436.

punishment of, 742.

GENERAL INDEX. 967

Mvancement of property to chil-

dren, 457.

less tliuii full portion, 467.

Advertiding of runaway slaves bya justice, 822.

by a sherirt', o2'2.

of cattle, e71.

go.it3,87l.

hogs, a7l.

sheep, 871.

Advowsun of abbies, 13.

AJidavit ot app icant for a color-

ed person's freedom, 804.

.3j^<fautts concerning partnerships,

374.

Affirmation of defendant to an an-swer in equity, 954.

members of tlie legislature ofGeorgia, 59.

Affirmations tulse, punishable asp«rjuiy, 322

validity of tes iinony, 322.

Affrays, ;J74, 737.

Aged persons exempt from i)ublic

taxation, 132.

Agencies, renewal of, 157.

Agent, larceny by, 7 18.

Agents liable for the taxes of non-resident land-owners, 156.

of vessels, bond of, for the ab-duction or escape ofslaves,

_8j7.

liability of. for non-compli-ance, 809.

to procession lands, 398.

Agreement between Georgia andthe United Siates, of.

acceptance of, by the UnitedStates, 85.

Agricultural regulations, 887.societies, 21 1.

delegates of, 21 1.

Agriculture— Board of, 210.by-laws, 211.

corporate powers, 210.corporators appointed, 210.duly of the board, 2U.meetings do. 211.quorum do. '2\l.

vacancies do., filling of, 211.Aiders of crime, 702.

Altamalia river, 124, 126.

lands of, i24.

tax on the, 124, 126.

Alias grants of latid, 396.

Alienations of land, 402-406.by a w fe void, 402.

by husband and wife, 402, 405.

execution, 4j6.

nullity, 4i)i.

record, 406.

validity, 4 )5, 406.

Aliening before action, 460.

Aliens—attributes of, 3l7.birth, 317.

descent, 317.

education, 317.

escheated property of, 491.

exempt from military duty, 318.

ineligible lo office, 319,

lands devised to, not to es-

cheat, 49i.

liable to local dut es, 319.

loans by, on mortgages, 318.

naturalization of, 319.

oath of, 3 1 9.

perishable |)ropertyof, 492.

personal property of, 318.

Allegations against Britain by the

first congress of the colo-

nists. 33-35.

Alliances between individual

states and f)reign powersproliibiied, 38, 48.

Alteration of bank notes, 727.

roads. 878.

the constitution of Georgia,72

the name of a partnership,

375.

Alternation ofjudges, 500.

Amendment of proceedings, 573.

after judgment, 674.

by judges, 574.

defects in form, 577.

mis^takes, official, 575.record, 574.

without cost, 574.

without deity, 574; refer to

Pkoceedings IN Actions.Amendments to the constitution of

Georgia. 913.

to the constitution of theUnited States, 53, 54, 55.

to tlie penal code of Georgia,794,

Amends, tender of, in trespass,

573.Amercement, mode of, '-9.

American citizens, security of, 55.

Indians, exempt from the disa-

bilities of people of color,

83J.

Amount ofcredit to seamen, 273.

debt greater than demand,553.

specie in banks, 354.

Animals, illegal branding of, 714.

larceny of, 7H.Annual Inspection of militia, 243.

Publication of laws, 96,

Returns of estates, 477.

Review of militia, 243.

Analysis, general, ix.-xviii.

Annual abstracts of the books ofcounty treasurers, 857.

Annual bonds of packets respect-

ing slaves, 803.

regular trade's, for the abduc-tion and escape of slaves,

808.

Annual exhibit by county trea-

surer, !'56.

of the state of the county funds,

857Annual schedule of clerks, 511.

Answer of parties on oath respect-ing slaves, 831.

Answer of witnesses, 585on trials of slaves, enforcement

of, 815.

Answers in suits of equity, 953.

Answers on oath required con-cerning claims to personsof color, 831.

Ansroers to the plaintiff's decla-ration, 943.

Apalachee river, lands on, 125.

tax of, 125.

Apothecaries, license of, 193.

slaves not to be employed as,

772.

Appeal by pilots, 286.

Appeal from the commissioners oflunacy, 339.

of congress to the British pub-lic, 35.

of death by a woman, 11.

to congress from the individualstates, final, 33.

Appeals, 600, 648, 652, 669, 6f2,6r'9

allowance of, 600, 64H, 652, 669.

dam.'ges for, 600, 601, 648.

entrance of. 601.

indigent persons by, 600.

judgment on, 6U2.

representatives of deceasedpersons by, 60i.

rules for, 942.

security on 601.

remedy of, Hdl.

severance of parties on, 601.

trial of, 649, 669, 689 ; refer

to August*. CommonPleas; refer to Sav-vn-NAH Common Pleas.

Appearance of owner ofadvertisedslaves, 822.

principal in suit, 783.

Appearance, continuance of, 788.recognizance, 788.forfeiture of, 7:8witnesses on trials ofslaves,845.

Appendix, 913.

Applicant for a colored person'sfieedom, 803, 804.

affidavit of 8U4.bond of, s04.

Applicant foi lands vacant, 387.license, as peddler, 137.

to retail spirituous liquors, 863.punishment of, for neglect, 663.road work. 880.

Applicants for reverted lots, 143.affidavit required from, 144.

Application for continuance ofsuit6il.

discounts in Central bank, 217.license to exhibit shows, 860.license to retail spirituous

liquois, (-63.

pardon of a criminal, 798.private way, 882.

rehearing of a decree in equity,678.

reprieve of a criminal, 793.writ of 7^e exeat. 9.55.

Application of the tax on show-men, 34.5.

Applications, different, for thesame land, 389.

Appling, County of, 89.

Appointment of captains of pa-tiols, 817.

county treasurer, 85"i.

guardian for free colored per-sons, 8-8.

inspectors of cattl'^, 872.masters for free youth of color,

829.

military store- keepers, 254.notaries public, 859.patrols by justices of the peace,

815.

Apportionment of representativesby the federal census, 44.

Appraisers of property under will,

475, 476.

return of inventory by, 476.Apprehended slaves. 819.

disposal of, 8i9.'

duty of officers concerning, 820.Apprehension of persons on Sun-

day, 822.

slaves, bl9.

reward to persons maimed whenei'gaged in the, 821.

without a ticket, 813.

Apprentices, binding of orphanB,328.

military service of, 257,treat'iient of, 329.

Appropriation of county finee,

854.

county forfeitures, 854.

fines for disturbing public wor-ship, 324.

fines from pilots, 28-*.

fines on account of offenderg,192.

fines on account of slaves, 810.fines on indigo weed, 8LI5.

fines respecting fees, 907.

fines respecting slaves trans-acting business for them-selves, 8i0.

fund from exhibitions and shows,861.

money by the Congress of theUnited States, 4.:*.

penalties for manumittingslaves, *r86.

penalties for Sabbath-breaking,752.

surplus revenue of the fede-ral government, HO.

Appropriations by the state ofGeorgia, 62.

assets of the Central bank, 174.

968 GENERAL INDEX.

^Appropriations by attorney-gene-ral, 503.

bank stock, 185-

Central Bank bills, 213.

Central Bank bonds, 213.

cominon school fund, 181.

county academies, 179.

county lands for the univer-sity of Georgia, 187.

deaf and dumb, ^05.

education fund, 178.

educati(m of poor children, 179.

education of the poor, 185.

free schools, 178.

geological survey, 211.

Georgia infirmary for negroes,206.

internal navigation, 291.

lun ttic asylum, 200.

medical college, 197.

military equipments, 248.

redemption of bills and the Cen-tral bank, 213.

seminaries of learning, 71.

solicitor general, 103.

surplus county funds, 179.

surjilus revenue, interest, one-third of, 178.

town lots in Augusta, 197.

two hundred and fifty thousanddollars for free schools.

. Western and Atlantic railroad,

229.

Arbitration. 591. 595.

awards by, 592.

corrupt, a, set aside, 591.

disputes submitted to, 591.

judgment by, 591.

railroad companies for, 592.

^irbitrations on railroad action"?,

368.

Arbitrators respecting river dam,89d.

compensation to, 896, 899.

penalty for non-attendance, 899.

Armies raised by authority ofcongress, 48.

Arms and equipments of the mi-litii in Georgia, 240, 245.

for defence allowed to British

protestants, 19,

in the possession of free persons

of color, seizure of, 83 J.

keeping of, allowed to Americanciiizens, 54,

recovery of, .247.

Arraignment, 789.

entry on. 790.

form of, 79 J.

minor offences, 789.

of prisoners unfettered, 790.

pleading on, 79.J.

Arreararres of rent recoverable,451.

taxes, collection of, 162.

Arrest and dis-harge, not satisfac-

tion for debt, 605exemption from, 310.314.

ArreA of free persons of color, 842illegal, 311.

itinerant persons, 517, 659.

lunatics 340.

members of the Georgia I'gis-

ture prohibited, 59.

offenders, 776.

persons on Sundays, 753.

seamen anicled, 273, 276.

slaves, 813, 842,

Arrests ofmilitia officers, 262

Arsenal of the United States at

Augusta, 87.

Arson, 712.

punishment of, 712.

Arson committed by a colored per-

son, 8 W.punishment of, 639.

trial for, 839Artful practices to defraud, 760.

Articled seamen., arrest of, 276.

Articles—Lottery, forfeited, 746.

Articles of Confederation of theUnited States, 1778, 36.

authority of, 42.

ratification of, 42.

Articles, perishable, sale of, 6G6.Artillery companies, 251Arts, the promotion of, 71.Assault and battery, 710.Assaults, 710.

to spoil clothes, 710.with intent to murder, 710.with intent to rob. 710.

Assemblies, unlawful 737.

AssemblyfGeneral, ofGeorgia, 100.

elections for, 100-106.of, 100, lu9.

by ballot, 70,

meeting of, 58 ; Refer to Elec-tions.

Assent of nine states requisite forthe ratification of the federal constitution. 53.

Assent to laws refused by the Bri-tish monarch, 33.

Assent to public measures, underthe confederation by ninestates*, required, 41.

Assessment of damages on claimsof property, 610.

poor tax, 691.taxes on shows, 860.

Assessments, collection of, 152.Assets of estates unreclaimed, 4-'8.

of the Central Bank, 174.Assignees for insolvent joint stock

companies, 370.Assignment -execution of, 6U3.

fraudulent, 421, 422.penalty for, 422.void in trust, 426.promissory notes, 440.

Assignment of dower, 433.application for, 434.authority for, 435compensation for, 435.making of, 4:i5.

time limited for, 435.Assignment of road work, 830Assignment of trusts, 409.Assize, proclamation of, 307.Assizes, adjournment of, for diffi-

culty, 8.

holding of, 8.

of Darien presentment, 8.

determin.ition of, 8.

Asylum for lunatics, 200-205^ referto Lunatic Asylum.

Atlantic Rail Road, 222-230; referto fVc.itern and Atlantic RailRoad.

Attachment, abatement, 557,665.

advertisement, 552, 665.affidavit for, by non-resident

creditors, 530.against insurance companies 556agents, 550.

attestation, 552, 665.attorneys, 550.authority, 550, 551.bail, 567.

bonds in. 550, 664.

bonds of claimant, 559, 560.by justices, 665.

claims tried, 559, 560.

declaration filed. 553.debts not due, 554.

defendant, 553.

pleading of, 553.

replevy by, 553.

demands, 555.

dissolution, 557endorsers, rights of, 555.

exemptions from, 560-317,following of property, 553.

formalities of, 555.

in the court of Savannah, 646.

issue of, 55'.

judgment, 553, 554, 559.

entry of, 555.

Attachment lands, 559, 665.levy on, .551.

lien on, ,^^58,

no abatement of, by death 557on land, 665.

on negroes, 665.parties in, 558.

pending suits, 556.personal property, 559.property disposed of, 555.replevy, 552.sales under, 666.securities, rights of, 555.sets-off allowed, 554.testimony of non-residents. 558.

Attainder, bills of, unconstitutional, 48.

Attempt to assist escape from cus-tody, 733

Attempt to assist escape from iail732.

'

Attempt to commit bestiality, 710crime. 797, 799.

punishment of, 799.rape, 7U9.

rescue, 732.

sodomy, 710.

punishment of, 799.Attempts to commit offences, 797

800.-'

Attendance of witnesses, 584.Attestation by consuls and vice

consuls, 405.

contracts, 4U5.

deeds, 405.

oath respecting licenses to re-tail spirituous liquors, 864.

official acts, 405.

Attestations of official papers, 590.Attesting of devisees of wills

where the demise is madevoid, 456.

Attorney General of the stateof Georgia, 68, 202, 603.

annual report of, 502.

appropriations for, 503.bond of, 502.

default, 502.

delmquency, 502.

duty of, 503.

respecting escheated proper-ty, 859.

fees of, 9ti2

liability of, to damages, 503.money reiurned by, 503.retaining fees of, 5iJ3.

rule ol, 5U2.

salary of, 68.

tenure of office by, 68.

Attorney, power of, 4 3.

made in other states, 403.partnerships concerning, 374.proof of, 4(t3,

renewal of, 157.

revocation of, 404.

validity of sales by, 403.Attorneys at law, 504-506.

admission of ciiizens as, 504.from Alabama, 505.

from other states, 504.

from South Carolina, 504.clerks prohibited from acting

as, 510.

contracts of, for services notperformed, void 505.

deceiving of the court by, 506.penalty for, 506.

deposit of costs by non-resident,506.

fees of 506, 642, 650, 902.

for Central Bank, 218.liability of for costs from neg-

lect, 505for costs of absent clients,

505for costs when no property i«

found , 506for neglect, 5 5.

for taxes of non-resident land

owners, 156.

GENERAL INDEX. 969

^Worney^ at Zaio, liability for trans-fer of notes, 505.

of obligations, 505.license fee of, 505.

maintenance of, 507.

privilege of, 506.

prohibition of, from pleading,506.

rules of court concerning, 943.

study by, not required, 504.warrants of, filed, 577.

Jittornmcnt, grants without, 447.Attornments, nullity of, 447.Auctions, i;-t3-136.

masters of, 133.

appointment of, 133 ; refer toVendue Masters.

Auditing of public accounts, 116.Auditorsin suits of equity, report

^of, 955.

Augusta, arsenal of the UnitedStates at, 87.

Augusia,hdLnk of, 197, 213.Augusta, corporation of, power

of, respecting tavern li-

censes, 862.

Augusta, Court of CommonPleas in, 630-64-2.

actions in, 634.

for rent, 635.

aflidavit for bail, 637.

answer in, 637.

appeals from, 640.

trial of, 640.

costs for, 640.

appearance before, 6.37.

attachments issued by, 636.advertisement of, 636.

attestation of, 636.

attorneys' fees of, 642.

bail, before filing of declara-tion, 637.

clerk of, 63'>.

suits against, 633.

default before judgment, 637.

defendants in actions before,. 636.

distress warrants is=ued by, 635.drawing of jurors, 638.

executions issued by, 640.

fees for, 641.

illegal, 640.

stay of, 641.

failure of meeting of, 631,interrogatories by, 639.

judge of, 631.

absence of, 631.

salary of, 63 1

.

judgments, lien of, 640.

jurisdiction of, 633, 636.

attachments, 634.

evidence, 634.

garnishment, €36.

habeas corpus, 6.34.

jurors, drawing of, 638.

number of, 639.

special, 638.

summons of, 639.

jury fines by, 610.

judgment, lien of, 640.

meeting of, failure in, 631.

mortgages foreclosed by, 640.

officers fees of, 641.

pleas before, 638.

process against non-residents,635.

sheriff of, 632.

suits against, 633.

suits in, 635.-

times of holding, 631.

vacant offices, filling of, 633.

witnesses, fees of, 6J9.

summons of, 639.

Augusta, mayor's court of, sus-pended, 630.

town lots, appropriation of, 197.

Authority of comptroller-general,

113.

to collect money, 113.

issue tax executions, 113.

Authority of governor during in-

surrections or invasions,251.

guardians of free persons ofcolor, 828.

justices of the peace, 776.respecting health laws, 272.respecting rice-dams, 895 ; refer

to Justices of thePeace.

laws publifhed, 98.

major-general, 249.military courts, 257.resolutions by the Georgia le-

gislature, 98.

road commissioners, 876.toll masters to toll cattle, 865.

Authority to employ substitutesfor patrol duty, 8^7.

Award by arbitration, 592.of damages, 592.

on claims of land, 665.contracts, 592.

negroes, 665.

replevy, 666.

BAIL, affidavit for, in Augustacourt of common pleas,637.

agents authorized to hold to,

567.

and commitment, 781.

attorneys authorized to hold to,567.

before commencement of ac-tion, 564.

cases, bonds in, 567.Darien, in mayor's court of, 652.declaration in, filing of, 646.duty of sheriff, respecting, 564.excessive, prohibited in Great

Britain, IS, 19.

in United Slates, 55.failure to give, ,

"168.

filing of, before declaration, 696.in the courts of Savannah, 696.in mayor's court of Darien. 652.judgment against, in Augusta

court of common pleas,635.

liability of, 567.

neglect of party to give, 565.of offenders, 777, 77S.of prisoners, by justices, 781,

782.

pending suits, 565.personating another in, 731.punishment for, 731.

persons admitted to, 304.persons held to, for deftiult, by

justices, 667.process and attachment, serving

of on Sunday, 567.procuring of, when required,

565.

property of attachment on, 567.recognizance, delivery of; 777.refusal of party to give, 568.release of, 945.

restriction of, 789.

requirement of, on commence-ment of action, 568.

shcriflT, duty of, in taking, 564.special proceedings on, 5' 5.

writ to detain prisoner, by per-son being, .521.

Bailiffs, fees of, for attendance onjuries, 905.

oath of, 58.3.

Bailment, unlawful, 782.

penalty for, 762.

Baker, selling under weight, 759.punishment of, 759.

Balance of debt in attachmentcases, obtained by execu-tion, 666.

Ballast, law respecting, 94.

throwing into rivers, penaltyfor, 29U.

Ballot, elections by, 100.

Bank books, 213.

62

Bank books, inspection of, byGeneral Assembly, 219.

keeping transactions in, 218.

Bank, Central, 212 j refer to Cen-tral Bank.

checks or drafts, 727.


punishment for, 727.

notes, alteration of, 727.

altered, utteiing of, 727.



punishment for, 7:^7.

of Augusta, stock of, belongingto the state, 213.

of Darien,charter, repeal of, 220.

debtors to, privilege of, 220.

settlement of the affairs of,

220,221.suits against, 221.

of the State of Georgia, stockof, belonging to the state,

213.

officer, transfer ofstock, by , 605.

officers, 214, 720.

officers, ofl^ences by, 720.

capital stock, purchasingshares with, 721.

punishment for, 720, 721.

charter, violation of, 720.

concurring in, 720.

dividends, declaring of fraud-

ulent, 721.

insolvency of bank, permit-in g, 720,

making conveyances, in

contemplation of, 720.

insolvent banks, exceptionof, 721.

paper, bank, purchasing of, at

discount, 721.

punishment for, 720,721.reports, 355, 361.

neglect of, penalty for, 356.

stock, of the State of Georgia,tax on, 12s, 129^bjectto execution, 604.

tax on, 128.

transfer of, by bank officer,

605.

Bankers, private tax on, 130.

Banking comfpanies subject to gar-

nishment, 563.free, 346.

Banking institutions, 346-356.

accounts of commissioners of,

347.bills of, payment of, 354.

signature of, 354.bonds, re-assignment of, 350.

capital stock, increase of, 353.withdrawment of, 353.

certificate, specification of,3525

355.

circulating notes, preparationof, 346.

commissiuhers of, 346, 347.

accounts of, 317.

duty of, 347.

illegal transfers by, ,347.


comptroller, .347.

accounts of, 347.

duty of, 347.

illegal transfers by, 347.

resirictions on, 347, 348.

court of chancery, power of,

over, 354.

dies, materials and plates, de-posite of, 346.

expenses, payment of, 346.

interest on stocks pledged by,,

power of attorney to re-

ceive, 349.

legislative authority concern-ing, 356.

limitation of, 356.

list of stockholders to be kept,352.

970 GENERAL INDEX.

capital

Banking institutions—mortgages, 350.

foreclosure of, 351.

notice of foreclosure, 351.

of negroes, 351,

purpose of holding, 351.

re-assignment of, 350.

record of, 351.

notes of, negotiable, 348.

collection of, 350.

non-payment of, damages for,

354.

redemption of, 348.

stamping of, 349.

power of attorney to receiveinterest on stocks pledgedby, 349.

power of court of chanceryover, 354.

powers of, 353.

property purchased by, 353.

security by, on real estate, 349.

shares in, personal property,352.

specie in, 354.

settlements by, witli charteredbanks, 354.

stockholders of, 352.

lists of, 352.

property of, 353.

protection of, 352.

suits against, 352.

witlidrawment ofstock, 353.

Banking privileges, 216, 346, 356.

Banks, chartered, 356 ; refer toCh.\rtered Banks.

damages against, 359.

defaulting, 361, 363.

garnishment of, 563.

loan of surplus revenue to, 141.

Banks of meadows, breaking of,

762.


Banks of rivers, breaking of, 762.punishment for, 762,construction of, 9.

defending of, 9. ^distraint for, 9.

™makers of, 9.


subject to garnisiunent, 563.

Bans of marriaa-e, publication of,

329.

Barons of the five ports, 8.

Barony, escheat of, 12.

service for, 12.

tenure of 12.

Barratry, punishment of, 735.

Barrels, branding of, 918, 919.

dockage of, 292.

storage of, '292.

wharfage of, 292.

Bastardy, 754.

bond, recovery of, 754.

appropriation of proceeds of,

754.

mother, committal of, 754.

proceedings in, 754.

putative father of bastard, re-

fusing to give security,

755.

punislmient of, 755.

Battalion courts, 257.

musters, '243.

Battalions of militia, 234.

Beacons, destroying of, 761.


Beaufort, convention of, betweenGeorgia and South Caro-lina, 913.

Beef, barrels of, 919.

brands on, 919.

frauds in selling, 94, 917.

Beneficiaries, deaf and dumb, 206.

Benefit of clergy, null, 794.

Benefits to guardian and wardwithout the state, 337.

Benevolences, exactions of, 15.

illegality" of, 15.

Bestiality, 710.

attempt to commit, 710.punishment for, 710.

Betting, 743.


Bible, family, exempt from salefor debt, 316.

Bigamy, 741.

married persons, punishment of,

for, 741.

unmarried persons, punishmentof, for, 742.

Bill and receipt for fees, to begiven by officers, 907.

Billholders of defaulting bank, no-tice to, 364.

Bill of Rights, 18, 20.

Bill in equity, 9.j3, 954.

copies of deeds, writings, andexhibits, filing of, with, 955.

reception of, by judges, 954.Billiard tables, tax on, 132.

Bills, Central Rank, of the, re-ceivable l)y the state, 218.

Bills, congress of the UnitedStates, enacted by, 46.

president's rejection of, 46.

rules concerning, 47.

transmission of, to president,46.

Bills, Exchange, of, 437.

acceptance of, by underwriting,438.

damages on, 439.

interest on, recovery of, 439.

loss of, 437.

miscarriage of, 437.

non-acceptance, protest for,

438.

non-payment, protest for, 437.

Bills, Injunction, of, 681.

decision of, 681.

twice, not grantable, 081.

Bills, Lading, of, 28-^.

Bills, legislature of Georgia, pass-

ed by, 59.

governoi's revision of; 6-5.

rules respecting, 59, 65.

Bills, Rci^enue, for, by congress ofUnited States, 46.

amendments to, by senate, 46.

origin of, 59.

Bills, Revenue, for, by Georgia,general assemljly of, 59.

amendments to, by senate, 59.

origin of, 59.

Births, record of, 692.

register, penalty for refusing to,

693.

registry of, by clerks of courts,

692.

registry received in evidence.

693.

Bishopries-, custody of. 7.

Biting off the nose, 709.


Blackstone, order of pleading by,

942.

Blankets, for prisoners in jail, 854.

Blankets, for prisoners in peniten-tiary, 935.

Blood, half, relation by, 466.

negro, one-eighth, [iroof of, 806.

whole, relation by, 466.

Board of Agriculture, ^12 ; refer to

Agriculture.Board of Physicians, 198 5 refer to

Physici.ins.Board of Trustees of the univer-

sity of Georgia, 192; re

fer to Trustees of the

UnI VERSrTY ofGEORGIA.Boat hands, restriction on, 289.

Boats on Savannah river, 288.

act of 1816, extension of, 289.

bills of lading of, 288.

hands of, lestrictions on, 289.

inferior courts, duties of, re-

specting, 290.offences by, 2^9,

Boats, owners of, liable for theft.s,

289.

penalties for neglect of legalrequirement, 288, 289.

slaves not to keep, 811.

Bodies, dead, disinterment of, 750.punishment for, 750.

Bona fide conveyances, 425.mortgages, 423.

sales, 426.

Bonds, actions on, 3?.

administration, on estates, va-lidity of, 470.

administrator, ofintestate prop-erty, 470.

recording of, 691.with the will annexed, 473.

agents of vessels, respectingslaves, fc07, 808.

state, 116.

and mortgage, 350.

annual, of packets carryingslaves, 808.

regular traders carrving slaves,

808.

applicant for freedom of a col-

ored person, 804.

assignment of, 557.

assistant keeper of penitentia-ry, 931.

attachment, 550, 664.

attorney general, 502.

authentication of, 173.

bail cases, in. 567. i

bastardy, 754.

bills of injunction for, 681.

bookkeeper in penitentiary, 931building committee lunatic asy-

lum, 201.

captains of vessels, respectingcolored seamen, 834.

cashier of Central Bank, 213.certified copies of, 590.

Central Bank, redemption of,

167.

cashier of, 213.

officers of, 214,certiorari, costs of, 611.

clerk of court

—

, as guardian, 338.

Augusta common pleas, 632.

court of ordinary. 690, 691.inferior couit, 510.

superior, 509, 510.

poor school fund, 182.

claim. 560, 610.

claimant in attachment, 559.

collector of taxes. 147, 148.

colored person, applicant for

freedom of a, 804.

complainant, for property ille-

gally taken, 616.

comptroller general. 111.

constable, 569.

coroner, 5'23.


county surveyors, 526.

debtors, honest, 312.

defaulting banks, receiver of,

364.

delivery of property, for, bysheriffs, 610.

denial of, on oath, 663.

deposit of, in clerk's office, 803.

escheator, 488.

execution, 603.

executor, 462.

with will annexed, 473.

forthcoming ofproperty, for the,610.

validity of, 610.

guardian, 334,691.guardianship, for, of person and

property, validity of,.

470.

not impaired by informal!-

ty,471.honest debtors, 312.

inspectors of lumber, 890.

penitentiary, 931.

GENERAL INDEX. 971

-BoM(Z5, institution ofsuits on, 808.Junatic asylum, building com-

mittee of, 201.masters of vessels arriving at

Savannah, 270.ne exeat, writ of, C80.officers of Central Bank, 214.owners of boats on Savannah

river, 289.

vessels respecting slaves, 807.partnerships, given to, validity

of, 544,

peace, to keep the, 789.penitentiary, officers of, 931.

assistant keeper, 931.

book-keeper. 931.

inspector, 931.

principal keeper, 931.

pilot, of, 280.

plaintiff in attachment, 551.-

principal keeper of penitentia-ry, 931.

prison bounds, for, 314.

prochein ami of an infant, 951.

property illegally taken, 616.

prosecution, 786.

railroad, 17U.


receiver for defaulting bank;*,

364.

secretary of state, 111.

sheriffs, 514.

of Augusta, 632.

solicitor general, 502.

state loan for payment of, 172.

interest on, 174.

state printer, 118.

suit upon, 557, 80B.

surveyor general. 111.

suspended, forfeiture of, 810.

titles to land, for, 464.

treasurer, state, 111.

of poor sclinol fund, 182.

vendue masters, 134. 136.

violation of. prosecution for,834.

wfitofne exeat, for, 680.

Bonis non, de. administrators ofestate. 474.

.Book-keeper, of penitentiary, du-ty of, 932, 939.

articles for sale, advertised bv,

940.

sales of. by. 939.

bond of, 931.

money, deposit of. in Centra!Bank by, 939.

oath of, 931.

property public, delivery of, to

successor, by, 932.

receipts, duplicate, by, 941.

reports by, 940.

returns, consolidated annual,to governor, by, 942.

quarterly, to governor, by.941

.

Book of County Treasurer, 856,annual abstracts of, 857.

penalty for neglect, 857.

public inspection of, 857.

Book of receipts kept by comp-troller, 114.

sales, by vendue masters, 135.

Books, A and B, in the executivedepartment, 590.

binding of, 118.

collecting of, 11?.

military, 254.

official, detention of, 73'.


Books of accounts received as ev-idence, 586.

notice for the production of, 587,contents of, by parol evidence,

588. *

Books of accoxmts submitted tothe legislature, by

comptroller, 118.

executive, 118.

treasurer, 118.

Books of clerks of courts, deliveryof, to successor, 514.

Books of entry in civil proceedings,

by justices of the peace,

656.

delivery of, to successor in

office, 656.

production of, in the courts ofSavannah, by justices

of the peace, 648.

Books, religious, for prisoners in

the penitentiary, 9K.sale of, without license, 139.

schedule of, 118.

slaves, selling of, to, 772.

Botanic doctors, tax on, 132.

Boundaries of counties, 60, 83.

alteration of by general as-

sembly, 60.

provisions respecting, 61.

Boundaries of Georgia, 61, 82.

and Alabama. 83.

Carolina, North. 8^.

South, 82.

Florida, 83,

Tennessee, 82.

by the charter of 1732, 24, 26,

western letritory of, 83.

commissi ontrs to settle, 83.

Boundaries of private layids, sur-

vey of, 397.

disputes concerning, settlementof. 397.

party non-resident, 398.

processioners for, election of,

397.processioning of agents, 398.

time for, 397.

settlement of. notice concern-ing the, 398.

surveyor' duty of, concerningplats, of re-surveys,398,

water courses, re-?urveving of,

399.^surveyor. fee.« of, 399.

Boundary lines, oflencfs on, 797.

Bounds of prison, 314 ; refer to

Prison Bounds.Branch railroads, construction of,

235.Branding, illegal, ofanimals, 714.

unlawful, of cattle, 762, 763.])unishmentfor, 762, 763.

ofhorses,762, 763.

punishment foi, 762, 763.

Brands, beef, on barrels of, 919,flour, 929.

pitch, 918.

pork, 918, 919.

tar, 918.

turpentine, 918.

tobacco, on hogsheads of, 925,

Brands, counterfeiting of, 759,

punishment for, 759,

on property, 865.

record of, 865, 866.

Bread, unwholesome, selling of,

747.

punishment for, 747,

Breaking house with intent to

steal, 716.


Breaking the Sabbath, 751.

Brevet colonels of militia, 236.

majors of, 236.

Breveting of militia officers, 238.

Bribed, persons, 731.

punishment of, 73J.

Bribery, 770.

punishment of, 770.

Bridges across railroads, 224.

breaking of, 762.

constructing of. 9.

defending of, 9.

distraint for. 9.

making of, 9,

tax on, 131.

Bridges, private, damages onaccount of, 885.

establishment of, 885.

owners of, liability o^ 885.

Bridges, public, building of, 883,° 884.

commissioner for, 883,884.definition of, 883.

penalty for neglect concerning,8i4. »

repairs of, 884.

Brigade inspectors, duty of, 243,

Brigadier generals, 255,

Brigades of militia, 293.

Bringing slaves into Georgia, 765,punishments for, 765,

Broad river, hinds, tax on, 124,126.

Brokers, tax on, 130, 132.

Building committee of lunatic asy-lum, 201.

of bridges, 88:^ 884.

Buildings for Academies, exempt° from taxation, 132.

Buoys, destroying of, 761,


Burden ofproof, on persons of co-lor applying for freedom,803,

Burglary, 713.

at night, 713.

by day, 713.punishment of, 713.

Burning houses, by colored per-sons, in a town, punish-ment of, 838,

in the country 839,trial of offenders for, 839.

Burying grounds exempt fromsale, 324.

penalty for injury to, 324.reservation of. 324, (

CAPITAL STOCK, Banking In-stitutions, 348, 349,

limitation and withdrawmentt' of, 352, 3.53.

pa^rtnersliips, of limited, 375Carpenter, lien of, 623.Carrying away, pilots, illegally,.

^285

seamen, penalty for, 274,Castration, penalty for, 7i.9,

Cattle, act respecting horses and,revival of, 94,

brand, recording of, 865.branding, by slaves, 763.estray ; refer to Estr;* vs.

inspection of, 872,punishment for driving, with-

out, 872.

inspectors, appointment andpayment of, 872

killing or maiming of, 762.marking or branding by slaves,

763.

marks, recording of, 865.

sales, unlawful, owner howaffected by, 864

sold, tolling of, 864.

stealing, charge of, description,punishment for, 714,

toll master, authority and dutyof, 864, S65,

Cavalry, companies of, 248.authorized, 248.

equipments, appropriation for,

248.

purchase of, 248.

exemptions of, 248.Georgia guard to be called, 248.governor, duty of, i^48.

inspection of, 249.

officers, election of, 248.

squadrons of, 249.

composition of, 250.

division, first, authorized in,249.

fines, 250.

major-commandant, election of,

249.

general, authority of, 249.

militia duty, exemption from,251.

parades of, 250.

penalties, 250.

972 GENERAL INDEX.

Cavalry, privileges, 250.troop of, 250.

uniform of, 250.

Caveat courts ; refer to Courts.trial of, 463.

Central Bank, 166, 212.

and BankofDarien, settlementbetween, 220.

appropriations, future, not to

pay, 16b.

attorneys to, appointment of,

218.

bank stock, sale of, 213.

bills, destruction of, 168, 173.

faith of state pledged for re-

demption of, 168.

issue of, 167.

redemption of, 174.

books of, 218,219.accounts, proceedings, trans-

actions, of, to record in, 918.directors, proceedings of, to

record in, 218.

inspection of 219.

capital stock of, 212.

bank dividends, 212.

stock, 213.

moneys from general govern-ment, 213.

charter, alteration, renewaland repeal of, 219,220.

corporation, constituted a, 212.

powers of, for whose benefitexercised, 220.

Darien, Bank of, aftairs, settle-

ment of, by, 220.

chaiter, repeal of, 220.

debtors to, privilege of, 220,

directors of, 221notes, renewal of, 221.

payments, regulation of, 221.

receiver, appointment of, 221.

suits against, 221.

debt, evidences of, cancellingof, 217.

discounts,216, 217, 218.

exception of, 365.

funds, control of, 220.

interest, collection of, 217.

legislature, authority of, over,219.

liability of, 221.

loans, extent of, 217.

instalments on, 217.

repayment, of, 166.

money, authorized to borrow,166.

application of, l,'i6.

interest on, commencementof, 166.

loan, re-payraent of, 166.

bonds, state issue of, for,

166.

assets of, appropriation of,

167.

faith and credit of state

pledged, 167.

redempti'in of, 167.

name, adoption of, 212.

notes, bank, issuing of, 216.

restrictions on, 21G.

negotiiible, discounting of, 216.

endorsers of 216.

protest of, 216.

renewal of, 216, 217.

officers of, 214.

appointment of, 214.

bond of, 214.

oath of, 214.

qualification of, 214, 215.


salaries of, 2 15, 216.

suits, commencement of, 219.

liable to, 219.

testimony on. taking of, 219,

Certificate, Registry., of free per-

sons of color, 827.

applicdtion for, notice of, 826.

transferring of, punishmentfor, 827.

Certificate^ Seamen, penalty for

hiring without, 275.

Ceri(^ca<es,counterfei ting of, pun-ishment for, 725.

Certificates, J^otary Public, evi-dence of, 589.

Cessions of land for beacons, light-

houses, and militaryposts, ^6, 87.

Cession of territory, 84.Chartered banks, 363.banks, banking restricted to in-

corporated, 356.defaulting, advertising of, by

whom, 361.neglect, penalty for, 361.

bills of, 363.banks, branch, separate reports

of, 361.

directors of, duty of, 361.bill-holders, payment of, 364.bills, change, issuing of, 358.

neglecting to redeem, 357.bonds and notes, transfer of,

360.

charter, forfeiture of, 363.corporation dissolved, 363.

counsel, employment of, 363.damages, recovery of, by

banks and brokers, 359.notes and bonds, transfer of,

360.

post, not to issue, 358.redemption of 357, 35S.offences, prosecution of, ex-

ceptions, 359.

proceedings, judicial, 363.receivers, actions by, appoint-

ment of, payments by,penalty of, qualificationof, 364.

reports, subject matter of, 360.resignation, in casns of, 362.returns on oath, 361.

restrictions of, 358.

returns, somi-annual, 360.neglect of, penalty for, 361.oath on, 361.

settlements between, 359.specie, failing to pay, .359.

payments, resumption of, 352.stockholders of, 360.

statement by, 362.Change bills, holders of, innocent,

3i8.

issuing of, 357.

grand juries, judges, state's

counsel, duty of, in rela-

tion to, 358.specie paving banks may issue,

358.Chaplain, penitentiary, 936.Charts, selling of, without license,

139.

Chattahoochie river, tax on landson, 125.

Chief engineer of railroad, ac-counts of, 116.

special duty of, 228.

Chief officers, of cities, towns,boroughs, election of,

344.Child, birth of, 457.Children, advancements to, 467.and parents, 332.

illegitimate, guardianship of,

333.

inheritance of, 466,467.poor, instruction of, 182.

posthumous, rights of, 333.

Churches, conveyance of land to,

323.

power of, over trustees, 323.

Circuits, judicial, organization of]

91.

Citizenship^ questions of, tribunalfor trial of, 805.

manner of trial, parties to, 805.

judgment, two special juries to

concur, 805.

Citizenship^ negro blood, one-eighth, proving of, 806.

Civil officers, duties of all, in re-

lation to pedlers, 139.

Civil process, articled seamen, not

detained by, 276.

Civil suits, rights of persons in,

3D4.

Claims, land, to, 620.

Claims, property, against person- f

al, 483 ; and real, 482 ; afadministrator's or execu-tor's sales.

Claims, property, personal, at-

tached, 559 ; bond ofclaimant, 559, 560.

Claimants to property, personal,

proceedings, 608.

Clerk, authority of court over, 526.

Clerk., Court of Common Pleas,

Augusta,authority of court over, 526.

bond, duty, fees, (refer to fees,)election, oath, office, of

j

suits against, vacancies,632, 633.

Clerk, Court of Common Pleas,Savannah,

authority of court over, 526.duty, election, oath of, 643, 644.proceedings, record of, by

;

suits, party to, 644.Clerk. Court, Inferior,

ad interim officer, 507.authority of court over, 526.bond of, 510.books and papers, delivery of,

to successor, 514.cases, civil and criminal, re-

cord of, by, 513.

clerk, recording, employmentof, 512.

commission, application for ,507.

court, minutes of, by, 511.deeds, attestations of, by, 418.defaulting, suits against, 513.deputies, appointment of. 510.

acts of minor. 5li».

disqualification for, 507.docket, criminal, and subpoena,keeping of 51 J.

satisfaction, keeping of 512.duty of 139, 153, 340, 385, 463.

(i55, 825, 826, 856, 867.869, 870, 871.

election of, 50.

fees ; refer to fees.grand juries, duty of, 513.

judgment, satisfaction of, 5H.larceny after, a trust, by, 719.non-applicani, disabilities by,

508.

oath of 507, 508, 509.office, location of, 511. .

neglect, penalty for, 511.

peace, ex-officio, justice of the,510.

proceedings, record of civil, 511.

reconds, keeping of, 511.incomplete, 512.

transcribing, 512.


schedule, annual, 511.

securities, entry of payment by,512.

successor to, liability of, 514.

treasurer, acting as county, 858.

bond, compensation, duty of

;

exhibits by ; neglect, pen-alty for, b58, 859.

Clerk, Court of Iiquiry,authority of court over, 526.

duty, election, fees, prefer to

fees,) oath, office, of,

259executions, issue of, by; fines,

collection of, by, 260.

Clerk, Court, Land,authority of court over, 526.

duty of, 335.

GENERAL INDEX. 973

Clerk, Court of Ordinary,authority of court over, 526.

births,, penalty for refusing to

register, 693.

duty of, 478, 691, 692.

escheator, to act as, 488,

fees of; refer to fees.guardian, as, bond of, 338.

marriages to record, 329.

Clerk, Court Superior,

ad interim officer, 507.

authority of court over, 526.bond of, 510.

books and papers, delivery to

successor, 514.

books, record, of, 511.

cases, civil and criminal, recordof, 513.

courts, minutes of, 513.defaulting, suits against, 513.deeds, attestation of, by ,418,512.deputies, appointment of, by,

510.

acts of minor, 510.

disqualification for, 507.docket, criminal and subpoena,keeping of, 511.

satisfaction, keeping of, 512.duty of, 463, 487, 794, 856, 857.election of, 507.grand juries, duty of, 511.

judgment, satisfaction, on, 511.non-applicant, disqualification

bv, 508.

oath of, 507, 508, 509.

office, location, of, 511.

neglect, penalty for, 511.peace, ex officio, justice ofthe,

510.

proceedings, record of civil, 511.records, keeping of, 511.

incomplete, 512.transcribing of, 512,


schedule, annual, 511.

securities, entry ofpayment, by,512.

successors to, liability

of, 514.

Clerk, deputy, acts of, 590.

Clerk, elections, of.

appointment, duty, fees of, (re-

fer to FEES,) 102.

Cierfc, mistakes of, 575.

Clerk, poor school fund,appointment, bond, compensa-

tion, duty, fees of, Creferto FEES,) 18-2.

Clerk, recording, employment of,

512.

Clerk, temporary, appointment of,

509.

Clothing and money for insanepoor, on discharge fromasylum, 204.

Clothing of white servants on dis-

charge, 328.

Coasting vessels, pilotage for, 284.Coin, clipping and counterfeiting

of, punishment for, 726.currency of, 726.

Collection, arrearages of collect-ors, 162.

act of 1840, extension of, 163.claims, trial of, 163,property sold, delivery of, 163.

dispossessing of holder, 163.

sheriff, by, 163.

compensation of, 164.duty of, 162.

liability of, 164.

proceedings against, 163.

refunding of, 164.

Collection, notes, bank, 350.promissory, 441.

Collection, tax on showmen, 345.

appropriation of, 345.

Collector, tax, arrears in, proceed-ings against, 159.

execution, issuing of, 160.

Collector, tax, execution, propertysubject to, 160.

bond of, 147, 148.


credits to, 160.

deeds of, 164.

defaulting, liability of, 161.duty of, 153, 154, 157.

election of, 146.

insolvent lists of, 161.

amount of, refunding of, 162.

benefit of, barred from, 161.

deficit in, 162.

executions, issuing of, on, 161.

grand jury, for, 161.

obtaining of, 161.

state and county, 162.time, extension of, on, 161.

liability of, 147, 148, 153, 154,157.

non-payment, liability for,

160.

oath of, 147.

over-payment of, 162.

property of, liability of, 147.securities of, 147.

disqualification of, 147.

responsibility of, 148.


state, settlement with, 159.

tax due, execution to issuefor, 160.

vacancy, filling of, 508.Colonels, brevet, 236.

elections for, 236.

lieutenant, vacancy of, 236.Colonial records, charge of, 195.

Color, free persons of,

age of fourteen, under the, 828.

burning houses in town, in thecountry, by, 839.

trial and punishment for, 839.carrying away, punishment

for, 769.

conveyances to, 832.

court, inferior, jurisdiction of,

in relation to, 831.

crediting of, 8.32.

crimes, capital, of, 838.employment of, 778.estate, real, not to hold, 830.firearms, punishment for carry-

ing or keeping, 832.

seizing of, disposition of, 833.

guardians of, appointment, au-thority, compensation,power, resignation of;and security given by,828, 829.

incendiary documents, punish-ment for circulating, 839.

insolvent, binding to service of,

832.

law, power ofcorporate authori-ties to enforce, 836.

law, registry, penalty for re-

maining in the state inviolation of, 827.

exonerations and exceptions,828.

masters of, duty of, 829.

servants, remedy for ill-treat-

ment by, 829.

minors, construction of law, re-

lative to, 829.

oath, answer of parties on, 831.offences by, 831.

not defined, 842.

poll tax on, 131.

preaching or exhorting, by, pro-hibited, 840.

prosecution by indictment,and punishment for, 841.

quarantine, forty days, for ves-sels with, 831.

road duty, by, registered, 829.

read or write, punishment for

teaching to, 839.

registered, not, 826.

registration of, 825, 826.

63

Color, free persons of,

advertising, payment, 825,826.

certificate, application for,

notice of, 826.

certificate, clerk's fee for,827.

denial of, 828.

form of, 827.

transferring of, punishmentfor, 827.

clerk inferior court, duty andfee of, 825.

evidence, duty of clerk to file,

826.


freedom, proof of, before

granting certificate, 826.

objections to filing of, 825.

registry, certificate of, applica-

tion for, 826.

light of perfecting, 827.

restrictions and prohibi-

tions on, 830.

slaves, harboring, inveigling,

trading with, punishmentfor, 839, 840.

- slaves, not to hold, 830.

state, coming into, prohibi-tion of, 831.

exceptions, 836.

departing from, penalty for

not, 835.

leave the, not compelled to,

835.

sue, may, by next friend, 828,842.

trial of, 844.

accusation to be in writing843.

arrest, 842.

clerk inferior court, prosecut-ing officer. 843.

clerk, fees of, 849.

continuance, 843.

death, sentence of, 846.

evidence, rules of, 844.

exceptions, taking of; pro-

ceedings, 846.

execution, suspension of, 847,day fixed by superior court,

847.

trial, new, granting of, 847.

inferior court, notification of,

843.

justices of, notified, duty of,

843.

jurors, challenging, drawing,oath, and summoning of,

844.

jury, trial by, 845.

completion of, 845.

justices, power of, 845.

offences, prosecution of, 342.

capital, pardon of, 848.

minor, sentence, suspensionof, 846.

other, 848.

officer, fees of, power of, 848.

pardon, court may grant time to

obtain, 848.

proceedings, record of, 844.

prosecuting officer, 843.

punishnient proportioned to of-

fence, 846.

sentence, execution of, 848.

sheriff, fees of, 848.

verdict given, duty of court, 846.

jury failing to render, 845.

witnesses, appearance and an-swer of, 845.

competent, 845.

subpeena for, 844.

tribunal for trial of, 842.

vessels, ashore going from,


on board, punishment for

communicating with,S35.Collusion, gifts by, 543.

Commencement, divorce, of suit

for, 330.

974 GENERAL INDEX.

Commencement of suits, 535.

Commission, lunacy, of, 339.

Commission merchant, larceny af-

ter a trust, by, 7i8.

Commissioners, Academies of, 177,

Commissioners, banking institu-

tions, 346.

Commissioners, boundary withUnited States, to settle,

83.

Commissioners, deaf and dumbpoor, 206.

Commissioners, justices' districts,

654, 655.

Commissioners, lunacy, of, 339.

Commissioners, maintenance, sep-arate, 331, 332.

Commissioners, pilotage, of,

appointment, duty, number,oath, powers of, 279.

Savannah river, 279,vacancies, filling of, 279.

Commissioners, poor school fund,181, 182, 184=

Commissioners, property confisca-

ted, 177.

Commissioners, roads, of, 876.

Commissioners, state, deeds, etc.

to take acknowledgment of, 404.

appointment, authority, oflSce,

qualification of, 404.

Commissioners, Western and At-lantic railroad, 225, 227.

Commissions, of administrator,executor, guardian, andtrustee, 480, 481.

Committee, lunatic asylum, for

building, 200.

Committee, penitentiary, 933.Commanders of regiments, duty

of, 243.

Commanding officers of compa-nies, duty of, 252.

Common law of England, adoptionof, 93.

Common, tenants in, 413.

Companies, artillery, 251; refer

to Artillery Compa-nies.

cavalry ; refer to CavalryCompanies.

rifle ; refer to Rifle Compa-nies.

volunteer ; refer to VolunteerCompanies.

Companies, joint stock, 368.

capital, payment of, 369.

limitation of, 368.

certificates by stockholders,369.specifications of, 369.

acknowledgment of, 369.

certificate and power of attor-

ney, deposit of, 369.

corporate powers of, 368,dividends, declaration of, 370.duration of, 370.

failure or insolvency of assign-

ees of, 370.

officers, election of, 370.

liability of, 370.

stockholders, liability of, 370.

Company, courts of inquiry, mili-

tia, volunteer, 258, 259.

Company districts, organization of,

258.

Company musters, 240, 241.militia, volunteer, 241.

Company officers, 237.arrest of, 262.

brevet, by, 238.

commanding, 241.

election of, 237.

non-commissioned, 240.arms and equipments of, 941.

Compensation ofadministrators, 474.courts martial, members of,

262.

guardians, 337.partitioners of laud, 415,

Compensation ofpilots ; refer to Pilots.printer, state, 119.

witnesses, 792.

Complaint, railroads, for damagesby, 365.

servant, by, 327.

unjust, by, penalty for, 327.Comptroller- general,

accounts, book of, 117.

with treasurer, 115.

authority of, 113.

collectors, tax, defaulting, 113.

debts due the state, 115.

duties of, 113, 116,117.governor, power of, 115.

over drafts, rejection of, 115,

responsibility of, 115.

reports, annual, of, 114.

Computation oftime, on promissorynotes, 441.

Conditional divorce, jury, duty of,

330.

Confession of judgment, 595.

Confinement of insane or lunaticpersons, 340.

Confiscated property, commission-ers of, 177.

Congress, representatives to, elec-

tion of, 107.

candidates, acceptance by, 108.

qualification of, 108,


election, declaiation of, 109.

new, equality of votes, 108.

writs of, 109.

governor, duty of, 108.

holding of, 109.

illegal voting, penalty for, 109.

returns, making of, 1U8.

vacancies, filling of, 109.

voters, legal, 108.

voting, illegal, 109.

Congressional districts, organiza-tion of, 89.

Consanguinity, degrees of, 466.

Conspiracy, punishment for, 734Constable,

appointment of, justices, by,658,

temporary, 658.

arrest by, 659.

bond of, 658.

amount and taking of, 659.

compensation extra, to, 670.

demand on, copy of, evidenceof, 527.

drawing of, 658.

duty of, 645, 659.

election of, 657.

fees ; refer to Fees.itinerant persons, arrest of,

659.

liability of, 526.

mistakes of, 575.

oath of, 658.

qualifiCfUion of, 657, 658.

receipts by, 660,

rule, liability of, on, 527.

ruling of, 659,660.vacancies, filling of, 657, 658.

Contagious disorders, concealingof, penalty for, 272.

spreading of, to prevent, 267.

Contempt^ court, powers of, to

punish, 799.

Contested seats, in general assem-bly, contest, notice of in-

tention to, 110.

proceeding, mode of, 110."

testimony, taking of, 110.

Contracting, vendor of land, deathof, 4t<3.

Contractors, joint, suits against^543.

Contracts, enforcement of, 326.extension of, 327.

Indians, with, 321,

necessity of, 436.

personal, 436.

Confracts, servants, white, with,abroad , 326.

ten pounds, for, or more, 436.writing, in, 436.

Consuls and vice, deeds, etc., ac-knowledgment ef, by,405.

Conveyances and gifts in fee-tail,

408.

bona fide, 422, 425.

compelling of, 412, 413.

dower, relinquishment of, formof, 406.

execution and record of, 406.

fee-tail, in, 408. ,

fraudulent and covinous, 421,424.

husband and wife, by, 405.

justices, duty and fee, 406.

land, of, to churches, 323.record, proof necessary to admit

to, 418.

Convicts, confinement of, 794.

female, pregnant, stay of execu-tion, 796.

insane, re-commitment of, onrecovery, 205.

offence, second sentence of, 797.

penitentiary, conveying to, 933.

employment of, 229.

removal of, to, 793.

sentence of, 794.

transportation of, 306.

testimony of, 586".

witnesses, competent, when,797.

Convictions, clerk to notify peni-

tentiary keeper of, 794.

evidence, on circumstantial,795. .

Co-obligors, suit against, 543, 662.

Co-partners, joint, suit against,

543.

Co-partnerships; refer to Part-nerships.

Co-securities, liability and privi-

leges of, 545.Coroner,ad interim, officer, 507.

authority of court over, 526,

bond of, 523.

commission of, application for,

507.

constable, fees of, 525,demand on, copy of, evidence

of, 527.disqualification of, 507.election of, 507.

fees of; refer to Fees.inquest, taking of, 523.

constable, duty of, 524.delinquent, 524.

juror, failure to attend, 524,

jury, oath and verdict of, sum-moning of; precept, formof, 523, 524,

witnesses and oath of, 525.inquisitions, return of, 525.

duty in taking, 525.

penalty for neglect, 525.liability of, 526.

mistakes of, 575. *

non-applicant, disabilities of508.

neglect of, penalty for, 780.

oath of, 507.

rule, liability of, on, 527.

vacancy, filling of, 509,

Corporations in general, 371, 373.

charter, limitation of, 372.

clerk's fees, 373.

courts, power of, to incorporatecertain, 372.

names, altering and changingof, 372.

powers vested, restrictions, 372.

suits against, 372.

act, construction of, 372.

executions, defendant in, ille-

gality, entitled to an,

372.

GENERAL INDEX. 975

Corporations, executions against,issue and levy of, 371.

return of, 371.

executions may issue againstpresident, 371.

Corporations, municipal, rights of,

344, 315.

Corporations, private, rights of,

346, 373.

Corporation, Savannah, land maypurchase, for Lazaretto,272.

Costs, collection of, 792.defendant, recovery of, by, 593

;

and on promissory note, by,440.

double recovery of, by, 528.defendants, several, recovery

of, by, 593.executions for, 779.

f judgment for, 779.lunacy, commissioners of, pay-

ment of, for, 340.officers, demand of, by, 592.parties, settlement of, on pay-

ment of, 668.payment of, 611, 621, 787, 788,

849.

plaintiff, liability of, for 668.of non-resident, 668.promissory notes, recovery of,

on, 440.prisoner, property of, liable for,

779.

prosecutor to pay, requirementof, 783, 787.

recovery of, 595,615.seamen, for apprehension and

imprisonment of, pay-ment of, 273.

witnesses, state, of, 792.Cotton, machines, county sites, in

vicinity of, duty of own-ers, 894.

towns or villages, in vicinity of,

duty of owners, 893, b94.neglect, penalty for, 894.penalties, collection of, 894.

justice, default of, prosecu-tion for, 894.

seed, &93.

weighers, oath of, 889=act, violation of, by, penalty

for, 889.

weighing, fee for, 889.weight of, true, deductions

from, 889.illegal, penalty for making,

8?9.

Counsel, assistant, employmentof, by governor, 363.

Counterfeiting,

bank notes, checks or drafts,

punishment for, 727.bonds, certificates, deeds, wills,

etc., punishment for, 725.brands or marks, 759.coin, 726.

Comities, boundaries of, 89.names of, 89.

County, books, abstracts of, 857.


inspection of, 857.clerk, without, remedy for suit-

ors, 509.

funds of, 856.

annual exhibit of state of,

857.

embezzlemept of, 858.

payment of to clerk of infe-rior court, 856.

receipts for, filing of, 856.

clerk's fees for, 857.

!

neglect, penalty for, 857.grand jury, subject to, 856.

insane and idiotic paupers of,

203.

lines, 387.

officers, 852, 857.

records, 856.

County, officers, duty of, 857.regulations, 851 to 908.revenue, 859.

sheriffs, without, remedy for

suitors, 509.

surveyor, 836, 507, 526.tax, for education of poor, 184.treasurer, 855.

appointment, book, bond,compensation, duty, fee,

oath of, 855, 856.

larceny, after a trust, by, 719.money, payment of, to, 855.vacancy, filling of, 509.

Walton, 83.

Court, Augusta, mayor's, of, 630.Court, chancery ; refer to Courts.Court, common law rules of, 992.administrators, concerning, 948.answers,, 943.

appeals, 942.

attorneys, 943.

bail, 945.

certiorari, 945.

claims, 945.

clerks, 945.

collateral issues, 946.

commissioners, 946.

consent, 947.

continuance, 947.

default, 947.

dockets, 948.

exceptions, 948.

illegality, 948imparlance, 949.

interrogatories, 949.

issues, 949.

judgments, signing of, 952.

justices of the peace, 949lost papers, 949.

motions, 950.

notice, 950.

new trials, 951.

pleading, order of, 942.

prochein ami, 951

.

recognizances, 951.

scire facias, 951.

sheriff, 945.

subpcEna, 952.

survey, 952.

witnesses, 952.

Court, contempt of, 561, 585, 799.

Court, corporation, 630.

decisions wiitten, of judges of* superior, transmission of,

500.

equity, 674 to 686.

rules in, 953.

habeas corpus, power of, to

grant, 529.

houses, erection of, 852.judges of, 499, 548, 631, 643,

794, 901.


justices, of, 653.

sessions of, 528.

Courts, Caveat,advertising and entering of

caveats, 392.

executive jurisdiction, 392.

holding of, 392.

trial, manner, and place of, 392.

surveyor, duty of, 392.

Courts, Chancery,absence, seven yearS beyond

seas, to establish deathof party, 682.

act establishing, constructionof, 679.

persons not affected by, 679.

bills, publication of, 676.

decree, copy of, defendant, ser-

vice on, 678.

not served, application for,

678.

service on persons in custody,678

equity, judgments in, to passtitle to land, 682.

appeal, allowance of, 682.

Courts, Chancery,

guardian of minors, continuancein possession, by, 685.

habeas corpus, defendant on,refusing to enter appear-ance, duty of court, 677.

hearing-re, application for, 678.defendant, barring of, 679.

injunction, bills of, 681.decision of, 68J.

granting of, bond, 681.judges, exercise of discre-

tion in, 681.

oath of party, G81.second time, not to be grant-

• ed, 681.

granting of an, 681.

state, against parties residingout of, 681.

life, tenants for, 685.reversioner may require pro-

duction of, 684.

ne exeat, writs of, 679.applicant for, 680.

arrest, under, dischargedfrom, 680.

bond, 680.

co-obligors, in favor of, 680.debt not due, granting of,

679. ^ '

reversioner, in favor of, 6:0.parties, common law, when en-

titled to sue in courts of,675.

equity, in suits at commonlaw, when entitled to aidof, 675.

persons returning within sevenyears, 678.

powers of, 354, 675.process, publication of, 676.

service of, perfecting of, 676.writs, publication of, 676.

Courts, Common Pleas of Aucrusta630. ° '

actions, consolidation of, 635.adjournment of, judge absent,

631.

appeals, allowance of, 640.trials of, 640.

costs in appeal cases, 640.fines, jury, appropiiation of,

640.

appearance and answer, 637.causes, trial of, 638.default, judgment by, 637.demand, no plea filed, plain-

tiff may prove, 638.attachments, advertising, at-

testing, issuing, levying,of, 636.

regulation of, 634.attorneys, fees of, 642.bail, affidavit for, and subse-

quent proceedings, 637.before declaration filed, 637.

clerk, bond, duty, fees, elec-tion, oath, office, of^suits against, vacancies,632, 633.

debtors, insolvent, fraud, sug-gestions of, 634.

jurisdiction of court in casesof, 634.

defendants, non-resident, 635.resident, 636.

executions, illegality of, 640.'issuing of, 640.stay of, 640.

fees, allowance and collectionof, 641.

officers, of, 641.

garnishment, jurisdiction, incases of, 636.

holding, time of, 631.

judge, commission, election,salary of, 631.

interested in suit, 631.judgment, lien of, 640.

jurisdiction, general, 633.

976 GENERAL INDEX.

Courts, Common Fleas of Augusta,superior court, concurrent

with, 633.

jurors, drawing of, 638.

special, 638.

summoning; of, 639.

number of, 639.

meeting of, fttilnf in, 631.

mortgages, foreclosure of, 640.

obligors, joint, suing of, 634.pleas, contradictory, 638.

rent, actions for, 635.

sales, sheriff's, advertising of,

days of sale, 641.

sets-off, excessive, 638.

suits, commencement and in-

stitution of, 635.

testimony de bene esse, andduces tecum, 634.

warrants, distress, issue and re-

turn of, 635.

witnesses, summoning, and feesof, 639.

interrogation of, 639.

Courts, Common Pleas of Savan-nah,

adjournment, judge absent, 642.

answer and defence, 647.

appeals, allowance of, 648.

trial of, 649.

without cause, 648.

attachments, issuing of, 645.

judgment on, 645,

direction of, 646.

attorney, fees of, 650.

bail, before declaration ; decla-ration in, filing of, 646.

books and papers, compulsoryproduction of, 643.

cause, trial of, 647.

certiorari, 650.

claims, trial of, 650.

clerk, duty, election, fees, 650.

oath of, 643, 644.

proceedings, record of, by;

suit, party to, 644.

confession of judgment. 647.

constable, duty of, 645.

declaration and attachment,filing of, 646.

evidence in general, 648,

exceptions, 650.

fees, clerk, and sheriff, 650.

garnishment, jurisdiction in

cases of, 646.


judge, election, oath, salary of,

643.

judgment, confession of, lien

of, nature of, 647, 649.

jurisdiction, claims, over3gen-

eral, 645.

jurors, drawing of; special,

647.

mayor's court, jurisdiction

transferred, 642.

organization of, 642.

process and service, 645.

recorder, duty and fees of, 643.

sheriflT, sales by, 650.

special courts, holding of, 278.

suits, commencement of, 645.

testimony, de bene esse, 648.

Courts, Darien, Mayor''s of,

appeals authorized, 652.

bail, 652.

committal, power of, 651.

council, authority and powerof, 650.

intendant, authority and powerof, 659.



record, declared court of, 651.

regulation of, 651.

safes, marshal's, 652.

Courts, Equity; refer to ChanCERY.

Courts, Inferior^''

adjournment of, 530.

Courts, Inferior,

clerk of; refer to Clerk.election of, 507.

color, free persons of, jurisdic-

tion in relation to, 83-.

duty of, 185, 290, 340, 499, 655.

evidence, compulsory produc-tion of, by, 529.

habeas corpus, issuing of writsof, by, 529.

holding, time of, 532, 533, 534.


justices of, 529.

election of, time and place,

501, 502.

hospitals, temporary, to pro-

vide, 272.

qualification of, 501.

reports of, 185.


tenure of office of personsfilling, 501.

juries for, 580.

for superior court, drawingof, by, 580.


papers lost, may establish

copies of, 529.

paupers, relative to, powers of,

691, 692.

powers of, 6S«7, 691, 856, 886.

record, declared a court of, 528.

tax, authorized to levy extra,

860.

vacancies, filling of certain,

by, 509.

witnesses, privileges of, 528,

Courts, Inquiry,

battalion, 257.

authority and power of, 257.

company, militia, 258.

volunteer, 259.

delinquents, notice to, and evi-

dence of, 258.

officer returning, duty of, 258.

organization of, 257.

regimental, 257.

authority and power of, 257.

Courts, Justices,

accounts, open, proving of, 667.

appeals, allowance and trial of,

669.

execution on, stay of, 670.

jury, drawing of, 669.^

fees of, 669.

oath of, 670.

talesmen, 670.

jurors, defaulting, 669.

attachments, abatement of, 665.

advertising and attesting of,

665.

bail, holding to, 667.

bonds, 664.

claims in, regulation of, 665.

continuance, 666.

damages, jury to award, 666.

oath of jury, 666.

execution, issue of, 666.

garnishee's answer, traverse

of, 666._

debts retained by, 667.

judgment and declaration

against, 666.

judgment, 666.

levy, 664.

negroes, on, 665.

perishable articles, sale of,

666.

replevy, 664.

return of, 664.

returnable to inferior andsuperior courts, 664.

sales under, 666.

trial of, 665.

bail, may hold to, 667.

bank stock, levy on, 670.

bonds and other instruments,denial of, 663.

claimants ; oath and trial ofclaim, 671.

Courts, Justices,

certiorari, application for, 671.

constable, compensation exttato, 670.

sales by;

postponement of,

671.

contempt, justice may punishfor, 662.

co-obligors, counties, residing

in different, 662.costs,execution to issue for,672.

plaintiff, non-resident, 668.

liability of, for, 668.

parties may settle on paymentof, 668.

recovery of, 672.

damages, cases sounding in,

661.

debts, mutual, 664.

reduction of, 660, 661.

districts, organization of, 654.

endorsers, suing of, 663.

fees, constable, and justice,

672, 673 ; refer to Fees.holding of, 662.

interrogatories, taking and re-

turn of, 6T58.

joint obligors, serving of, 662.

securities when only, 662.

judgment, award of, 661.

lien of, 669.


debts, reduction of, to, 660.

justice adjoining, action of,

661.

disqualification of, 661.

election of, 655.

lands, negroes, levy on, 670.

parties, oath of, 667.

proceedings, uniformity of, 663process, issuing of, 661.

service of, 663.

property, pointing out, 670.

removal after process issued,

661.

residence of ten days, 661.

securities, payment by, 663,

setts-off, 664.

terms, appearance and judg-ment, 663.

witnesses, compensation of, de-faulting, duty, number,summoning of, 667, 668.

Courts, Land,clerk, appointment and duty of,

385.

members of, 384.

place and time of holding, 385.sessions of, 385.

warrants, land, 385.

Courts, Martial, 261.

advocate, judge, 261.

arrest of officers, company,field, and general, 262.

brigadier-general, for trial ofofficers below rank of,

261.

cashiering of officers, 263.

court, oath of, 261.

general officers, for trial of,

261.

for trial of officers below rankof, 261.

guilt, evidence of, 263.

notice, officers entitled to

twenty days, 263.

regiments, for, 261.

sentence, approval of, 263.

supernumaries for, summoningof, 261.

witnesses, compensation of,263.

oath of, 263.

summoning, of, 263.

Courts of Ordinary,appeal, allowance of, 689.

proceedings, trial of, 689.

clerk, adjournment and opening

of court by, 688.


bond of, recovery on, 690.

GENERAL INDEX. 977

Courta of Ordinary,clerk, duty of, 691, 692.

fees of, 691 j refer to Fees.justices may elect, 690.

bond, 691.

oath, office, of; vacancy, 690.

constable, coroner, court at-

tended by, in absence ofsheriff, 688.

estates distribution of, by, 485.


meeting, failure of, adjourn-ment of, 689.

powers of, 687.

proceedings, legality of. 688.

property of idiots, insane, andlunatic persons, to ordersale of, 338.

sheriff, attendance and duty of,

688.

wills, probate of, 688.

'Courts, Seameii's,

clerk to attend, 277.

common pleas, court of, 278.


defendant, notice to, 276.


jury, drawing of, 277.

mayor of Savannah, powers of,

277, 278.

powers of, 276.

proceeding, manner of, 275.

seamen, arrest of, 276.

articled, detention of, 276.

summary hearing of, 277.sheriff to attend, §77.

trial, 276.

witnesses, 276.

Courts^ Superior,

adjournment of, 529, 530.

chancery, powers of, 675 to

686.

clerk; refer lo Clerk.duty of, 186.

evidence, compulsoiy produc-tion of, 529.

habeas corpus, issuing of writsof, 5v>9.

judges of, number of, 499.

alternation of, 500.

convention of, 500.

decisions written out by,500.

publication and distribution

of, 501.

clerk's and governor's duty,500.

transmission of, 500.

oath of, 499practising, after election, pro-

hibition of, by, 50i).

in United States courts,

prohibition of, 500.

suits, wlien parties to, 499.


papers, lost, establishing copiesof. 529.

record, declaird court of, 528.

witntsse.s, privilege of, 528.

Credit, obtaining of, fraudulently,

758.

Creditinfr seamen, limitation ofamount, 273.

Creditors a.' d debtors, partition ofland between, 316.

deeds to defraud, 424.demands of, limitation of, 485.notice to. 309, 4f<5, 491.noticH to discharge, 313.right of, 490.

Crews, health of, 967.Crimes, abettors in, 702.accessories in, after the fact,

704.

before the fact, 703.

puni.shment of, 703.definition of, 703

accidental or unfortunate, 702.aiders in, 702.

and offences, definition of, 701,

Crimes, attempt to commit, 799.

capable of, 701.

cheats of, 758.

citizens, against persons of,

705.

color, free persons of, of, 838.compounding, punishment for,

734.

counsellors in, 702.counterfeiting, 725.decency, against the public,

741.

definititn of, 701.

excuse for, 702.

fear, persons in, of, 702. •

forgery, 725.

health, against the public, 747.idiots, of 701.

individuals, against persons of,

705.

infants, of, 701.

insane, of, 70J.

justice, against the public, 729.

mischief, fraudulent or mali-cious, 761.

morality, iigainst the public,741.

peace, against the public, 737.

persons, against the habitationof, 712.

police, against the public, 741.

principals, by, in first and se-

cond degree, 703.


property, relative to, 713.

punishable with death or im-prisonment in the peni-tentiary, 791.

by fine or imprisonment, 791.slaves of, 838.

relative to, 765.

under coercion, 702.

stale, against the, 704.

swindlers, of, 759.

trade, against the public, 760.

trial of, not capital, 791.

Cnratwa/ intention, 701.

law, 699 to 800.

Crops, growing, when not to besold, 606.

Currency, federal, adoption of,

887; of coin, 726.

Damages, bridges and ferries,

private, against owners,recovery of. 8b5.

contracts, speci;il. rule of, 592.pilots, liability of, for, 229.

railroads, by, 229, 365, 367.

Da7ns,mill, or any other, breakingdown, punishment for,

762.

Dams rice, 895.

arbitrators, i-96, 8S9.

breaking down, punishinent for,

762.

damages by, 896.

general issue, plea of, 896.

insufficient, b98.

justices of the peace, author-ity and duty of, 895, 897.

opening of, h96.

owners of, 895stopping up opened, penalty

for, 898.

water, surplus, removal of, ob-structions to passing off,

897.

Dancrer, urgent, justification ofkilling by, 706.

Darien, Bank of ; refer to Bankof Dakien.

Dead bodies, disinterring of, pun-ishment for, 750

Deadly weapons, 739.

Deaf and dumb, appropriation

for, 205.

beneficiaries, 206.

commissioners of, appoint-ment, duty, salary of,

206.

64

Deaf and dumb, •

idiots, in law, made, 341.

Death ensuinglrom an act done in

another county, 797.

of parties to suits, .548, 549.

Debtor, executor, when made,460.

Debtors, absconding, 542.

Debtors, exception as to, on ha-beas corpus, 306.

Debtors, insolvent,

application, notice given, 308.

arrest, exemption from, 310»314.

illegal, 311.

attachments, property eiemptfrom, 317.

bond and conditions, 312.

forfeiture of, exceptions, trial,

312.

refusing to receive ; securityinsufficient, 315.

bounds, prison, 314, 315.

entitled to ; bond for, viola-

tion of, 314.

creditor, fees, paymeiit of, by,

311.

lands, partition of betweendebtor and, 316.

notice, to, 3o9, 313.

examination, of, 3u9.family of, property secured to,

316.

fees, 309, 310,311.fraud, suggestion of; issue,

trial of; verdict, form of,

309, 313.

gambling, of, 3! 0. 0fhonest, relief of, 312.lands, of, exemption of, 316,

317.

maintenance, of, 854.

oath of, 310, 313.

perjury, punishment of, 310.

property, concealment of, 311.

and debts surrendered, dis-

position of, 311.

exemption of certain, 315,"

316.

recommitment, of, 313.

schedule, of, 309,313.securities, power of, over princi-

pal, 313security, insufficient, liabilitr

of officer, 315.

Debts, arrest and discharge, cosatisfaction of, 605.

bonds and evidences of, 117.

due by testator or intestate, or-der of payment of, 485.

trust estates, precedence of,

484.

evidences of, due Central Bank,217.

funded, 117.

garnishees, returned by, 667.mutual, and setts-off, 571,

664.

not due, attachment for, 554.ne exeat, issue of writ of,

679.

payment of by administrators,exPcutors,guardians, 484..

public, 121, 165.

redemption, of, 166, 170.reduced by actual payments,

661.

taxes to take precedence of ail

other, 158.

Deceased persons, representatiresof, suing of, 544.

Deeds, acknowledgment of, 405.attestation of 4I».

bargain and sale by, 407.

Brown, by President, 188-

collectorsof tax, of, 164.

commissioners of county a.caA^-~

mies, validity of, 186.

creditors, to defraud, 424.demise, not by^ 448-

978 GENERAL INDEX.

JDeeds, execution of, 401.

formal defects not to vitiate,

4u7.

gift, of, 425.

informal, 407.

lost or mislaid 417.

manumission, of, 806.

punish iient for stealing, 715.

purchasers, to defraud, 421.

recordjof, 416, 417, 418.

recorded, certain, legalized,

416.

recording of, time extended,

416.

second, penalty for executing,

423.

Shoal creek tract, to, on pay-

ment, 183.

taxes, to avoid, 158.

title, by, 4:i0.

validity of, 419.

Beer hunting, by fire-light, pun-ishment for, 763.

Default, 947.

Defaulters on tax returns, 151,

152, 154.

Defaulting clerks, 513.

Defence, answer and, 570.

Defence, general, making of, 570.

answer, no part of an, to bestricken out, 571.

debts, mutual, and setts-ofF,

filing of, 571.

endorsements need not beproven, 571.

judgment by default, continu-

ance, 572.

partn^hip, proof of, 571.

pleading, special. 571.

Defence, special, 572.

consideration, partial, failure

of 572.

defendant, cross-examination

of, 572.

facts, may make affidavit of,

572.

disclaimer and tender of pro-

ceeds in trespass, 573.

payment in'o court, 573.

plea of, 572.

usury, plea of, 572.

Defendant ; refer to Courts.Delinquents, military, 257.

Demurrers and special pleadingsin writing, 79U

Deposit, tax on certain banks andoffices of discount and,

12d.

Deputies, clerks of courts to ap-

point, 510.

sheriffs to appoint, 515.

Descents, table of, 957.

Deserters, 256.

Descent, and distribution of es-

tates, 465.

Detachments, officering of, 253.

Detention, illegal, remedy for,301.

Devisee, action against heir and,459.

chargeable as heir, 460.

Devises, fraudulent ; valid, 459.

Digest, preparation of, 95.

receiver's, 154.

making of, 154.

collector's duty on receiv-

ing, 154.

Dignity of taxes, 153.

Direct tax, 123.

collection of, 145.

Directors of Bank of Darien, 221.

Central Bank, 166, 213, 214,218.

other Banks, 361.

J)i5aJi/i/.ies of free persons ofcolor,830.

of slaves, 802.

Discount and deposit, certainbanks and offices of, 128.

Discounts, Central Bank, by, 216,217, 218.

Discounts,

in favor of penitentiary, pro-hibited, 168.

Disobedience or mutiny, 245.

Disseissin. wrongful, 467.

Distress warrants, 449, 635.

Distribution of laws, 95, 96.

literary funds, 179, 180.

military books, 254.

Distribution, property, title to,

by, 464, 465.Districts, justices, organization

of, 654.

commissioners, appointment of,

654 ; surveyor, may en-gage, 655.

inferior court, clerk, duty of,

655.

justices, duty of. 655.lines of, altering or changing of,

654.

applications for, 655.Districts, military, 234.Dividends, declaration of, 370.

forfeiture of, 180.

Dividends on state stocks, depositof. •<>12.

payment of, 172.

Division inspectors, 244.

Divisions, making of new, 233.officering of, 233.

Divorce,absolute, 330,321.offending party, restrictions

on. .331.

refusal of, 331.

separation,commissioners for,

authority, oath, powerof, 331,332.

conditional, duty of jury, 330,husband, when free from con-

tracts of wife, :i32.

issue of marriage, 332.

property, schedule of. 332.suit, manner of commencing,

330.

defence, 3:^0.

judgment. 330.

verdict, 3)50.

Dockage, storage, wharfage, 292,293. 294.

Dockets, 511

'.

512* 517, 948.Documents, incendiary, punish-

ment for circulating 839.public, disposition of certain,

J 95.

Domestic duties, performance of,

on Sunday, 753.Domestic relations, 325 to 341.

Dower,admeasurement of, writ of,

process, 433.

returns of, ma'.<ing, 434.

and jointure, 429.

application for 435.

assignment of, authority andcompensation of personsmaking 435.

assignment of, proceedings,433.notice by applicant for, 434.

barring of, 429. 430.

deforcement of, 430.

election of time limited, 435.time, reckoning of, 435.

entitled to, 431.

forfeit of, by adultery, 436.forfeiture yf, 436.

lands and tenements in differ-

ent counties, 434.loss of, 431.

recovery of fraudulent, 432.

right of, traversable, 434.

selling of, 435.

proceeds, appropriation of,

435.

Drills, regimental, 243.

Drunkenness, when an excuse for

crime, 702.

Duel, punishment for fighting,

73a.

Duelling, challenge, sending of,


coward, posting of, punishmentfor, 738.

indictment for, evidence, 738.

Duels, punishment of officers for

not preventing, 733.

Dues, collection of, 940.

Dues, to or from the state, pay-ment of, 112.

Dumb and deaf; refer to DeafAND DUMB.

Duties, duty; refer to Courts,and various officers.

Duty, road ; refer to Road duty.EAR, disfiguring the, punishment

for, 709.

Education of the poor, 184.

governor, duty of, 185.

Inferior court, authority andduty of, 184,185.

resources, additional, creation

of, 185.

tax, county, authorized for, 184.

Ejectments, limitntion of, 539.

Elections, assembly, general, for

members of the, 109,110.

clerks of, 101.

collectors of taxes, for, 146.

congress, for representatives to,

107.

constables, for, 657.

coroners, for, 507.

electors for President and VicePresident, for, 106.

fraudulent, IU5.

holding, time and place of, 100,

JOl.

inferior court, for clerks of,

507.

justices of, for, 501.

justices of the peace for, 655.

managers of, 101.

military office is, for, 235, 236,

237, 2.39.

officers in attendance at, 102.

officers, for company, 237, field

236 general •<c35.

polls, openmg and closing of,

101.

receivers of taxes, for, 14S.

returns, making of, 102.

sheriff, for, 5i'7.

superintendents of, misman-agement by, 105.

superior court, clerks of, for,

507.

surveyors, county, for. 507.

voters, privileges of,l 03, 104,105.

voting, illegal, 105.

manner <if 100.

Embracery, definition of, and pun-ishment for, 735.

Emigrants, introducing slaves,oath of, 768.

Endorsers not entitled to notice,

441.in bank, remedy of, against

prior, 546.

suits against, 543.

English statutes and commonlaw, 93, 95.

Enlistments, regulation of, 245.Entails, prohibition of, 408.

Entry, forcible, definition of, trial

of, punishment for, 740.Equity, courts of, 875.

rules in, 953.

Errors, correction of, 611, 671.

bond, 611.

certificate, applicant to pro-duce, 61 1.

certiorari and exceptions, 611.

costs, payment of, 611.

judgment, reversal of, 612.

6ecurit\ insufficient, party mayjustify, 611.

superior court may correct,

and grant new trials,

611,812.

GENERAL INDEX. 979

Escape, from custody, punishmentfor assisting to, 733.

jail, punishment for assisting

to, 732.

penitentiary, punishment for,

733.

permitting, 733.

warrants, 519.

Escapes^ liability of sheriff for,

517.

Escheat, 488.

lands devised to aliens not to,

492.

Bales, validity of certain, 492.

EscMaied, personal estate when,492.

property of aliens, 491.

court of ordinaiy, duty of,

49).

Escheated property, proceedingsin case ot, 488, 490.

attorney general, duty of, 859.

claimants, lights of, 489.

cJaims, trial of, 489.

jury, oath of, 491.

process, forms of, 491.

Escheator, clerk of court of ordi-

nary shall act as, 488.

duty of, 492.

liabilities of, 490.

suits by, 490creditors, notice to, and pay-

ment of, 491.

Escheats, revenue from, 859.

Estates, creation of, 408.

devised, subject to be, 453.

distribution of by Court of Or-dmary, 485, 486.

fee simple in, 4G8, 454.

inheritance by, 454.

joint tenancy in, 413.

life, 455.

management of, 476,

personal, wills of, 457.

real and personal, distribution

of, 465.

free persons of color prohibit-

ed from holding, 830.

wills of, 457.

trust, and trustees, 409.

precedence of debts due, 484.

Estrays, 866.

advertising of, 870, 871.

claim of, 87 0.

clerk, fees and duty of, 869,870.

871.

claim, by, and trial of, 871.

neglect of duty, penalty for.

870.

reimbursement of, 870.

costs, payment of by county,872.

description of, 867.

ejppenses fur, payment of, 871.

impounding of; neglect, penal-

ty for, 867.

justice of the peace, certificate

of, 867.

duty of, 867, 871.

fee of. 868.

neglect of duty, penalty for,

870.

owner, claim of, 868.

pound, making of, 867.

sale of; proceeds, appropriation

of, 868, 870.

service broke to, advertising of,

870.

taker up of, claim by, 872.

compensation of, 869.

duty of, penalty for neglect,

86S, 869.

toll of, 866, 867.

Etridence, 583.

and trial, 591.

nttestation, properly official,

made, 590.

circumstantial, conviction on,

595.

©ral, admission of, 589.

Evidence,when authorized to be withheld

from jury, 589.

writing, reduced to, 898.

Examination, accuser and accus-ed, of, 7c0.

felony and manslaughter, per-sons suspected of, 781.

witnesses of, 780.

Exceptions, 948.

Exchange, bills of, 437, 438, 439.

Execution and sale, 602.

arrest and discharge on, 605.

assignment of, 603.

ca sa not satisfied, 605.

defendant, property of, in pos-session to be first takenin, 603.

docket, 517.

illegality of, trial of, 602.

sheriff", duty of, 6U3.

issue and levy of, 602.

lands of persons dying in, 603.

paid oflT, kept open, 603,

property, delivery of 605.

purchasers under, 604.

refer to Courts,sheriff', entitled to control of,

606.

for or against, 605.

stay of, 6o2.

judgment against principal

and security on, 602,

stock, bank or corporation, sub-ject to, 604.

levy and sale of, 604,

bank officer to make transfer

of, 605.

certificate of sale of, by she-riff, 605.

writs of possession, 604.

Executors, 948.

accounts of, rendering of, 476,477.

neglect, liability for, 476.

and probate of wills, 460.

bonds of, 462.

cliargeable, how, 475.

clerk, non- compliance of, 478.

commissions ol', 480, 481.

debtor, when made, 460.

debts, payment of, by, 484.

delinquent, process against,

477.

dismission of, 437.

duty of 475.

entitled to no beneficial interest

not expressed in the will,

460executor of, 461, 537.

letters, revocation of; proceed-ings, 479.

mismanage meiit, proceedingsin case of, 478, 479.

qualification of, 461, 462.

removal of, 478.

returns, making of, 476, 477,478.

of non-residents, 478.

sales by, 431, 482.

securities for, 471.

title, execution of, by, 483.

waste by, 471, 476.

Executrix, abatement of suits

against, 462.

Expresses, employment of, 252.

Extortion, definition of, punish-ment for, 736.

Eye, punishment for putting outan, 708.

FACTORS, tax on, 132.

False imprisonment, 710.

False representations, 728.

False swearing, definition of,


Fees, academy lots, for grants on,

142.

attorney, of, 506, 642, 650, 902.

general, 902.

bailiff, 904.

Fees,

clerk common pleas, Augusta,632, 641.

clerk common pleas. Savannah,643, 650.

clerk inferior court. 153, 373,

564, 825, 827,' 849, 869,

870, 871, 903.

clerk house of representatives,

902.

clerk court of ordinary, 329,

478, 691, 905.

clerk supcrinr court, 373, 487,768,857,902,903.

commissioners of pilotage,

messenger and secretaryof, 288.

constable, 288, 525. 617 , 673,906.coroner, 525, 904, 908.

cotton weighers, 889.

court ; refer to Courts.demanding of, for services not

performed, by officers,

penalty for, 906.

demanding more than legal,906.

governor of, 144.

head rights, 142.

health officer. Savannah, 271.

inferior court to levy tax for

payment of, 908.

jail, 310.

jailevs, 904.

jurors, 904.

jury, 507, 583, G69, 750.

justices, 288, 406, 617, 672, 783..

905.

lotteries, land, grant, 142.

measurers, lumber, 891.notaries public, 906.

officers, bill and receipt to givefor, 907.

mayor's court, Darien, 651-

of, 593, 820.

pilots, 28*), 283.

powder receiver, 906.

prison, 311.

recouler of Savannah, 643.

regii^ter of probate, 691, 905.

regulationsjgeneral, relative to,

906.

reverted lots, for grant of, 143.

secretary of state, 144.

sheriff, 288, 309, 451, 564, 617,

641, 643, 650, 750, 903,9U4.

deputy, 288.

surveyor, county, 390, 399.

general, 144, 190.

table of, to be posted up in

public offices, 907.trGii^iirpr 1 i7

witnesses, 584, .589, 639, 668,904.

Fee-tail, gifts and conveyances in,

408.

Felons, harboring, punishmentfor, 7.34.

pursuit of, 779.

transported, 749.

Felony, definition of, 703.

habeas corpus, granting of writsof, in cases of, 304.

persons suspected of, examina-tion of, 781,

punishment for compounding,7c4.

Fences, lawful, 892.

owners of cattle not liable for

breaking unlawful, 893.

stake.=, etc., not to be fixed in

enclosures, 893.

Ferries, tax on, 131.

Field officers, election of, 236.

Fines; refer to Penai-tv.Firearrns, free persons of color not

allowed to keep, 832.

slaves not allowed to keep, 812.

Fire, fences, stacks of jiroduce,

and woods, punishmentfor setting on, 761, 762.

980 GENERAL INDEX.

Fixtures, punishment for theft of,

715.

Pire-woodf measurement of, 692.

Flint river lands, tax on, 125.

Flour, inspection of, 923, 929,930.

Forcible entry and detainer, 740.

Forestalling, 759.

Forgery, of bonds, certificates,

coin, deeds, names ofcorporations, firms, pri-

vate individuals, person-ating another, publicseals, using fictitious

names, and wills, 725 to

729.Fornication, punishment for, 742.

Fortifications, cessions of land for,

67.

Fhigitives from justice, 748.Fraudulent devises, 459.

levies and conveyances, 736.or malicious mischief, 761.

Free persons of color; refer toColor,

French subjects, grant of specialpr vileges to, 319.

GAMBLING with negroes, pun-ishment for, 745.

judges, duty of in regard to,

745.

Games and sports, Sunday, forbid-den on, 751.

Gamesters, fighting, or challeng-ing to fight by, penaltyfor, 745.

suing of, 745.

Gaming contracts, 743.houses, punishment for keep-

ing, 743.

suspected, 745.

tables, pnnisiiment for keeping,

Garnishee, answer of, traverse of,

666.

debts returned by, 667.

execution against, 666.

judgment against, 666.

Garnishments, general proceed-ings on, 563, 564.

when authorized, 560 to 563,Gelding, 865.

illegtil, punishment for, 865.

Georgia, boundaries of, 24,26, 61,82, 83.

charter of, 20.


debt of, 165.

guard, 248.

historical society, 194.incorporation of, 194.

officer;-: of, 195.

powers and privileges of, 195.

infirmary, 206.

corporators, appointment of,

206.

inmates of, 207,

name of, 208.

officers of 207.powers and privileges of, 203.

institutions, literary, of, 175.

state, and public works, 175 to

20S.

officers, state, of, election, andduty of, 99 to 119.

revenue of, 121.

state, organization of, 81 to

119.

university of; refer to Uni-versity of Georgia.

Gift and conveyance in fee-tail,

408.

by collusion, 425.

fraudulent deeds of, 425.

Goats, eslray, 866.

Goods, obtaining of, by personat-ing another, punishmentfor, 760.

Goods, stolen; refer to StolenGoods.

Gold or other metallic substances,digging or carrying away,punishment for, 721.

Government officer, theft or lar-

ceny after a trust, by,punishment for, 717,

Governor, authority of, 170, 171,

173, 18<, 248, 251, 391,

book of accounts of, 1 17.

duty of, 107, K 8, 116, 184, 185,230, 235, 392, 888,

fees of, 144.

powers of, 228.

salary of, 900.

secretaries of, 111.

fees and salary of, 901.

Grants, attornment, without, 447.

fee, refunding of, in certaincases, 396.

fees on reverted lots, 143.

head rights, time for taking out,

390.

in general, 395, 396, 397.

issumg of, 391, 395.

settlers, to, confirmation of,

84.^

soldiers, certain, to receive,.^83.

South Carolina, 380.

Guardian, accounts of, 477.

and ward, 333.


bond of, 334.

clerk of court of ordinary as,

338.

color, free persons of, of, 828.

compensation of, 337, 480, 481.deaf and dumb, of, 341.

debts, payment of, by, 484.

dismission of, .337.

duty of, 335, 338.

estates, management of, by,476.idiots, of 338.

insane, of, 338.

liabilities of 335.

lunatics of, 338.

natural, 335.

non-resident, 337,

oath of, 334,

returns of, 338, 476, 477, 478.

sales by, 4<3l,

securities of, 47',

Guardianship, evidence of, 336.

letters of, 334, 462.

of illegiiimate children, 333,

Gunpowder, IranspoxVdtion of575I.

illegal, penalty for, 751,

HABEAS CORPUS, act of, 300to 307,

accessories, eifect of act on,308.

act, violation of, prosecutionsfor, time limited, 307,

assize, after proclamation of,

307.

may have, 307.

court, liability of, 305.

penalty of, for denying writof, 305.

debt, imprisoned for, not afiect-

ed by, 304.

debtors, exceptions as to, 306.

detention, illegal, remedy for,

301.

felony, when indicted or let to

bail, 304.

exceptions. 306.

imprisonment, foreign, illegali-

ty of, remedy for, 305.

issue, general, pleading of, 307.

offenders, trial of 307.

officers, duty and liability of,

303.

neglect or disobedience, pe-nalty for, 303.

prisoners set at large not to be

re-committed, but by or-

der of court, 303.

removal of, exceptions. 304.

reiterated commitments, 303.

Habeas Corpus,treason, when indicted or let to

bail, 304,

exceptions, 306.

writ of, 301.

granted or not, in vacation,

301,303jurisdiction of, 305.

Habitations ofpersons, crimes andoffences against, 712.

Harboring felons,7'M ; slaves,789..

Head rights to land, 380 to 392.

courts, caveat, 392.

land, 384,

fees for grants, 142,

land, adnieasurementof, 387.

courts, 384.

cultivation of, 383.

grants of, 3^8,

office, opening of, 381.

plats of, 388,

quantity of, allowed or, 381.

settlement of, 383,

survey of, 388.

vacant, in certain counties,

381,382,persons entitled to, 381,

surveyors of, 386.

Health laics, of Darien, 272 ; ofSavannah, 272.

offences against the public, 747.

Heir and dc-visee of an obligor,

action against, 459,

aliening before action, 460,

devisee chargeable as, 460.

dower, fraudulent, recovery of,

remedy of, 432,

trust, cestuy que, not charge-able for, 410,

Hickory and oak lands, tax on,

126.

Hindoos, exceptions in favor of,

833.

Historical Society of Georgia, 194,

Hog-stealing, punishment for,714.

Homicide definition of, 705.

justifiable, definition of 706.

Honest debtors, relief of, 312.

Horse-stealino-, punishment fot

714.

Horses, 864.

claims of, 866.

exchange and sale of, 864.

estray ; refer to Estrats.gelding of, 865.

illegal, 865.

marks and brands of, 865.

record of, 866.

sale of, 864,

unlawful, effect of, on owner,864,

stud, running at large, 865.

toll-masters for, 864.

Hospitals, temporary, provision

for, 272.

House, breaking and entering withintent to steal, punish-

mcpt for, 716.

larceny from, definition of,


Houses, and rooms suspected for

gaming resort, examina-tion of 745.

burning outhouses and, punish-ment for, 7 12.

disorderly, gaming, lewd, tip-

pling, punishment fof

keeping, 742, 743.

of ill fame, 742.

public, closing of, on Sunday,751.

examination of, on Sunday,75 i.

setting on fire, outhouses, andpunishment for, 712.

Humane and medical institutiene,

196.

Husband and wife, 329.

dower barred in lands conreyelby, 429.

GENERAL INDEX. 981

Husband and wife,

dying without issue, 429.rights of, 428.

wife, intestate, sole heir is,

428.

when free from contracts of,

332.

real estate of, when married,rests in, 428.

rent due to, recovered by,428.

IDIOTSJcommissioners of in-

quiry, 339.

deaf and dumb persons, in lawmade, 341.

exceptions in favor of, 542.guardians for, 3>58.

guardianship of, wife entitledto, 338.

lands, may convey, 412.law, not amenable to, 701.offences by, 702.

wills of, 455.

Illegal detention, remedy for, 301.Illegal voting, 105, 109.

Illegality, 948.

Illegitimate children, inheritanceof, 466, 467.

Imparlance, 949.

Imprisonment, debt, for, habeascorpus of no effect, 304.

false, definition of, punishmentfor, 710, 711.

foreign, illegality of, 305.sentence of, 793.

trial of crimes, punishable with,791,792.

Incendiary publications, punish-ment for circulating, 704.

Incest, punishment for, 742.Incorporation laws, 861.Indentures, of white servants, 326.Indians, exceptions in favor of,

833, 836; privileges of,

prohibitions of, and re-strictions on, 320, 321,322.

Indictments, ^nigea not to amend,575.

costs on, exceptions to, form of,

787.

entry on, 790.

trial of, 791,

Indigent and infirm persons, taxon, 132,

persons may appeal without se-curity, 602.

when entitled to legal processwithout fee, 594,

Indigo weed, 895.

weighers, fee of, 889.Infancy, plea of, 537.Infanticide, 707.

Infants, eloined, suit by procheinami, 537.

law, when not amenable to,702.offences by, 702.

wills of, 455.

Inferior Court ; refer to Courts.Informers, common, 784, 785.Injunction, bills of, 681.

Inquest, coroner's, 523, 524, 525.of insanity, 798.

Insane convicts, lunatic asylum,admission to, of, 204

Insanity, oath of inquest of, 798.Insolvent debtors, 308 to 317, 633.

list of tax collectors, 161, 162.Inspection, military, annual re-

views and, 243.Inspectors, brigade and division,

243, 244.of beef, 917 ; flour, 928

;pitch,

917; pork, 917 ; tar, 917;tobacco, 919 ; turpentine,917.

Insurance companies, agents of,55ti,

attachments against, 556.tax on, 130.

Intention, crimijial, 701.

Interest, legal, usurious, 442,

Internal navigation, 288 to 292.

Interrogatories, authorized, 584,639, 668, 949

to transient persons, 586,Invasion or insurrection, duty of

governor in case of, 251.Iron works, encouragement of,384.

JAIL, escape from, punishmentfor assisting to. 732,

fees, security for, 854,

prisoners into, punishment for

refu.sing to receive, 733.

Jailers, cruelty of, punishmentfor, 731.

duty of, 822.

oath of, 853.

prisoners to receive from othercounties, 517.

superintendence of, 853.Jails, erection of, 852.

sheriffs to keep, 853.

superintendence of, 853.

Joint stock companies, 368, 369,3/0.

Journals of Legislature, indexingof, 98.

Judge, death of, •'^48.

advocate, for division? and re-giments 261.

marrying without license, pen-alty foi, 755.

Judges of common pleas, Augus-ta, 631.

Savannah. 643.

superior court, 499.penal code, amendments to

be suggested by, 794.salary of,~901.

J«(Zo-?Ke?it and subsequent proceed-ings, 596.

appeal against principal and se-curity on, 600.

confession of. 595, 647,elder, lien of, 599.execution on, stay of, 600,in equity, 682.

lien of, 640, 649.

ouster of, 615.

prior, lien of, 598,

priority of, 599,prope.rty sold, when not affected

by , 599.

refer to Courts for other,renewal of. 599.reversal of, 612.

revival of, 600.

signing of, 952.

verdicts and appeals, 597.executions, and other crimi-

nal proceedings, 795.younger, costs on, 599,

Judicial circuits, 91.

interference, in collection oftaxes prohibited, 159.

Juries, judges of law and fact,

791,

refer to Jury, 578.

Jurisdiction, special, for seamen,275.

Jurors, defaulting ; refer to Jurt,Courts

grand, .597,

petit. 578.

^ special. 579, 638, 639, 647.

Jury, coroner^s, 523, 524.

Jury, drawing of, 277, 638, 647,669, 844.

fees of, 583. 669.

findings of, 797,

oath of, 491, 583, 666, 670, 792,844.

petit, 578.

recommendation of, 793,

talesmen ; refer to Courts,trial by, 529, 578 to 583, 845.

Jury, grand, charge to, 745, 771.

duty ©f, 513, 579, 739,

number of, 579.

65

Jury, grand.oath of, 582.

presentment of, T88.

selection of 578.

Jury, special, 579.

oath of, 582,

Justice, crimes against the public,

729 to 737.

fugitives from, 748.

Justices^ courts, 653 to 673.

of inferior courts, 501.

Justices of the peace, 653.

actions against, for false war-rant, 778.

actions before ; commencementof, ansvver and defence,663,

attachments by, 664,

authority of, 272, 776,

bail, 664.

holding to, by, 667.

letting to, by, 777, 782.

prisoners let to, 777,781,books of, 656.

clerks of inferior and superiorcourts, ex officio, 510.

constables, ruling of, by, 660.

contempt, may punish for, 662.

costs, 672, 779, 783.

prosecutor, requirement of,

from, 783.

duty of, 101, 182, 239, 272, 406,776,867,894.

election of, 655,

examinations by, 780, 781.

fees of, 406, 672 ; refertoFEEs.garnishments, 664.

judgment and subsequent pro-ceedings, 669.

lien of, 669.

jurisdiction of, 278, 660, 883. -

ten days' residence gives,661jury, drawing of, 669.

malpractices by, punishment of,

735.

marrying without license, pen-alty for, 755,

neglect by, penalty for, 780.

oath of, 656.

offenders, apprehension of, bj,776.

patrols to appoint; 815.

powers of, 752, 829.

prisoners, bail of, by, 781.

proceedings to judgment, 660.

recognizancps. certified by,783.validity of, 777,

returns by, 949.

ruling of, 657,

seamen, apprehension of, by,273,

suits, when parties to, 657.against co-obligors, endors-

ers, and securities, be-fore, 662.

terms, appearance and judg-ment, 663,


warrants, endorsement of, by,.

776, 778witnesses, binding over, by ,781'

not allowed to lax costs for90H.

KIDJVAPPIJ^Q, definition of,

punishment for, 711,white children, punishment for,

711Kill, cattle, punishment for per-

mitting slaves to mark,brand, or, 763.

Killing a slave, justification of,

707.

prosecution for, 707.

or maiming cattle, punishmentfor, 762.

unlawful, or branding, horsesand cattle, punishmentfor. 762.

King, forfeitures to the, madepayable to the state, 94.

982 GENERAL INDEX.

LA^D, admeasurement of, 387.

aliens, devised to, not to es-

cheatj 492.

attachment on, 559.

claims to, 620, 621.

colleges, reserved for endow-ment of, 186.

conveyed with condition of re-

vocation, 423.

courts ; refer to Courts.damages on, by railroads, pay-

ment for, 229.

devised, may be, 453.

devises of, must be in writing,

455.

execution, exempt from, 317.

liable to, 316.

of persons dying in, 603exempt from taxation, 132.

fees, for grants of certain, 142.

grants of, 388,395.head rights, quantity of,allowed

on, 381.

lazaretto, for Savannah, 272.levies on 606.

lotteries, grant fees, 142.

reservations, 178.

office, opening of, 381.

owners, duty of, 397.

partition of, 316, 414.

partitioners of^ 414.

plats of, 388.

private, boundaries of, 397, 398.

processioners for boundaries of,

397.

processioning of, 397, 398.

reserved lots of, 178.

reversed lots of, 143, 144,

surveys, plats and grants of,

.388.

tax on, 123 to 127.

taxes, sold for, 155.

titles to, 380, 395, 400, 428, 442,

453, 465, 4s8.

trustees, infant, may convey,412.

university, sale oC 187.

survey of. 393.

value of, 460.

vendee of, contracting, dying,

title to. 434.

vendor and vendee, dying, title

to, 484.

warrants, 385.

Landlords and lessees, 444.

ejectment, may join in, withtenant, 448.

Landmarks, punishment for de-stroying, 761.

Larceny, after a trust, punishmentfor, 717, 718, 719.

definition of, 713.

houses, from the, punishmentfor, 716.

person, from the, definition of,


distinguished from robbery,

716.

simple, definition of, 713.


I.a5cars,exi-e ptions in favor of,836.

Law, common, of England, adop-tion of 93.

common, rules, 942.

criminal, 699 to 800.

Georgia Historical Society, act

of incorporation of, de-

clared public, 195.

militia, reading of, 241.

iieddler.a, to license, violation

of, 138.

registry, of free persons of color,825, 828.

Lawful acts, attestation <^f, by con-suls and vice. 405.

Laws and resolutions, publishedby authority, dignity of,

98.

perpetuation of certain. 95.

provincial, revival of, 94,

Laws, revenue, comptroller to re-

commend improvementin, 114.

revival and publication of, 93.

Lawyers, tax on, l.il.

Leap-year, computation of, 441.

Leases and rents, 442 to 452.

parol and written, 442.

renewal of, 446.

Legacies, when not to lapse, 457.

Legal process, obstructing of,


Legislative officers, salaries of, 981.

Legislature, journals of the, 98.

Lessees and 1 mdlords, 444.

Letters of administration, 468.

dismissory to administrators andexecutors, 487.

threatening, punishment for

sending, 735.

Levies, fraudulent, 736 ; refer to

Courts.Lewdhouses, punishment for keep-

ing, 742.

Libels, definition and punishmentfor, 739.

Liberty of conscience, 322.

personal, and privileges. 299 to

378.

License, attorneys of, 505.

marriage, 329.

peddlers of, 137.

physicians of, 199.

retail, 855, 863,

showmen, of, 860, 861.

spirituous liquors to retail, 755.Liens, gold machines, on, 627.

masons and carpenters, of, 623,6-24,6-^5.

priority of, 625.

steamboats, on, 625.

steam saw-mills, on, 627.

Life estates, 402, 452, 455.

tenant for, C84, 685.

Light houses and beacons, cessionsof land for, 86, 87.

Limb, or member, distiguring ofany, punishment for, 709.

Limitation of actions, 5o7to 542.Limited copartnerships, b73.

Lip, disfiguring of, punishmentfor. 709

Liquors, intoxicating, sale prohib-ited at certain times, 324.

spirituous, retailing without li-

cense, punishment for,

755.

Literary institutions, 175 to 195.Lotteries, prohil)ition of, 746.Lotteries, land, grant fees of, 142.

reservations in, 178, 393.

Lottery, sales, void, 746.

tax on sale of tickets, 131.penalty for, 747.

Lumber, inspection of, 890.inspectors of. 890.

measurers, 891.

Lunacy, commissioners of, 339,34).

trial of, 203.

Lunatic Asylum, 200.appropriation for, 200.building committee of, 200.

bond given by, 201.

duty of, 200, 201.

convicts, admission of insane,204.

provision for, 205.

recovery of, 2^)5.

support of, vOS.

erection of, 200government of, 201.

inmates of, to whom entrusted,204.

lunatics, admission of, 202, 203.discharge of 204.

of other states, admission of.

204.

provision for when discharg-ed, 204.

Lunatic Asylum.officers of, 205patients, admission of, without

certificate, 204.

pauper lunatics, 203.

support of, by state, 203.

regulations of, 201.

trustees of, 201.

donations received by, 202.

duty of, 2U1.

officers removed by, 202.

power of, 202salary of, 205.

visitation by, 503.

Lunatics, guardians for, 338.

executions in favor of, 542.

offences by, 702.

pauper, support of, by state.

203,

real estate of, 482.

Lying to obtain endorsers, punish-ment fur, 760.

MAGISTRATES, punishmentof, for false imprison-ment, 711.

Major commandants of squadroTis,

election of, 249.

Major-general, authority of, 249.

election of, 235.

fines of, 255.

Malice, express or implied, 705.

Malicious mischief, 761 to 765.

other acts, punishment for.

765.

trespass, 538.

Manslaughter, definition of, 705.

examination of persons suspect-

ed of, 781.

involuntary and voluntary, pun-ishment for, 706.

Manumission of slaves, 806.

Maps, evidence of, 394.

Marine regulations, 264 to 294.

Mariners ; refer to NuncupativeWills, and Seamen.

Marriage, 329. 428 to 436.

feme sole, of, 537.

offences relative to. 741.

portion, raising of, 459.

Marrying without license,penaltyfor, 755. ,_

Marsh, sea-island, and "' tide

swamp, tax on, 123. •;

Martial, Courts, ^Qi.

Masters, abuse of slaves or free

persons of color by, pun-ishment for, 770.

and apprentice, 328.

seamen, 273.

servants ; servants not slaves,

326. 327. 3-48.

of vessels, refusing pilot, 283.

Masters, toll, for horses and cattle,

864, 865.

Mayhem, definition of. 708.

Mayor and aldermen of Savannah,powers of. 269.

Savannah, of, and court of Com-mon Pleas, 278.

Mayor and other officers, electionof. 344.

Mayor^s Court, Augusta, 630.

Measures and weights, standardof, 887, 888. %:!

Medical and Humane Institutions,

196 to 208,

aid for prisoners. 854.

Medical College of Georgia, 197.

appropriation for, 197.

name of, 197.

Medicine, sVdves when not permit-ted to administer, 812.

Members of General Assemblyelection of, 109.

Menaces find ihreais.702. '®J>--?1?

Merchandize, punishment of lar-

ceny by persons intrusted

with papers to collect,

718tax on, 129.

GENERAL INDEX. 983

Merchant, commission, larceny af-

ter trust by, punishmentfor, 718.

Mesne profits, recovery of, 620.Messenger, election returns, 103.

Mileage of persons delivering run-away slaves, 820.

Mile-posts, boards, or marks, pun-ishment for defacing orremoving, 879.

Military books, distribution of,

254.

duty, persons liable to, 240.exempt from, 194, 253, 318.

organization, 233.posts, cessions of land for, 87.

regulations, 231 to 263.Militia, apportionment of, 253.

companies, muster of, 241.courts of inquiry of, 258.

law, reading of, 241.officers, election of, 235 to 239.exemptions of 253.

Militia, State, for actual service,253.

e,Kemptions of, 253.Millers, duty of, b93..Mills, ereciion of, encouraged,

384.

Mindjpersons considered ofsound,701.

Mining, machinery, punishmentfor erecting on another'sland. 721.

unlawful, 721.Minister, penalty of, for marrying

without license, 755.military duty, exempt from,

253.Minors and apprentices, military

fines of, 257.punishment of for illegal voting,

756.

Mischief, fraudulent or malicious,•761 to 765,

Mistreatment of another by anofficer, under color ofoffice, punishment for,

732.Mo7ie7j due the state, 113.

lost at play, 744.tax on, 130.

Moors, except'ons in favor of,

833, 836.

Morality, offdnces against thepublic, 741.

Mortgagees ; mortgagers, 421.Mortgages, 350, 351,''445.

bona-fide,423.estate, real, on, 419, 420, 621.existing, validity of, 419.foreclosure of, 351, 621, 640,

649.

rule for, 621.

property, personal on, 419, 420,622, 623.

real, on, 419, 420,record of, 419.

Motions, 950.

Mountainous lands, tax on, 126.

Municipal corporations, 344, 345.Murder, definition of, punishment

for, 705.

Musicians, 244.

fines of, 256.

Musters and reviews, 240 to 245.battalion, 243.

company, ^40, 241.

disobedience at, penalty for,

245.

mutinous conduct at, penaltyfor, 245.

regimental, 242.

suttlers, misconduct of, at, 244,Mutiny in the peniteniiary, 736.

J^./1MES of corporations, firms,

private individuals, pun-ishment for forging, 7"28.

fictitious, punishment for using,728.

^. itit:&X^

J\rames.

illegal use of, 377.

JVavigation and turnpikes, 764.

internal, appropriations for, 288to 292.

obstructing, penalty for, 290.

right of, 393.

JVe exeat, writs of, 679, 680.

IN'egro blood, proving of, oneeighth, 806.

J^egroes, divine worship, not to

assemble on pretence of,

814.

gambling with, punishment for,

745.

goods stolen by, punishment for

receiving, 734.

mortgaged, penalty for runningoff, 351.

slaves, claimed as, 833.

Molle prosequi, when not to be en-tered, 791.

JVon-resident tax payers, 156, 157,158.

JVose, punishment for biting or

cutting off, or disfiguring

the, 709.

J^Totaries Public, appointment andregistering of, 859.

certificates, protests, and otheracts of, made evidence,589.

JVotes, Promissory, 440.

assignment of, 440.collection of, 440, 441.endorsers of, 441.

endorsement of, 440.

negotiability of, 440.

or other evidences of debt, pun-ishment for stealing, 715.

J\rotice, 950,

Nuncupative Wills, 458,

J\ruisances, abatement of in city,

town or county, 749,750.

OATH, of administrator, 469,473.

affirmation, a substitute for,

322,

agent for collection of taxes,150.

alien, 319,

applicant for vacant lands, 382.appraisers of property under

will, 475,

attornies. 504,

bailiffs, 582,

cashier of bank, 361.

cashier of Central Bank, 214.claimant of stolen property

found in possession ofslaves, 811.

clerk court of ordinary, 690,

as escheator,488.inferior court, 509.

military courts, 259.

Savannah common pleas, 645,superior court, 509.

collectors of taxes, 147,

commissioners of divorce, 331.lunacy, 339,

pilotage, 279.

constable, 658.

coroner, 523,

cotton picker, 927.

county officers 508.

surveyor, 526.

courts martial, members of,

261.

debtor, 310, 313.

escheator, 488,

executor, 473,

freeholder, 101.

governor, 64.

guardian. 334.

inspectors of beef, 918 ; flour,

929 j lumber, pork, pitch,tar, 918 ; tobacco, 92rf,

and turpentine, 918.

jailers, 853.

Oath.

judges common pleas of Savan-nah, 643.

superior court, 499.

jurors, appeals on, 670.

awards and damages, on, 66d.claims, trial of, on attach-

ment, 559.

color, free persons of, on trial

of, 844.

coroner's inquest, on, 524,escheated property on, 491,grand, 582,

insanity, on inquest of, 798.petit, 583, 792.

slaves, on trial of, 844.special, 582, 792,

justices, 656.

militia officers, 239.

delinquents, 258,

naturalization by Frenchmen,320,

non-resident, 104.

office of, in general, 75.

officers of ofCentral Bank, 214»county, 508.

militia, 239.

university of Georgia. 19LWestern and Atlantic rail-

road, 227.'

owner of property, 150,

packer of beef, pork, pitch, tar,,

turpentine, 918.

peddlers, 137.

pilots, 2SI.

precautionary, 104.

president of bank, 361,

provost marshal, 259.receivers of tax returns, 146.

representative, 59, 60,

security for bills injunction,681.

senator, 59, 60.

sheriff, 514.

Augusta common pleas, 632.

Savannah, 645.

superintendents of election ofjustices, 655.

surveyor, 394.

treasurer, county, 855.

state, 112.

vendue masters, 134, 136.

voter, resident, and non-resi-

dent, 104,

witnesses, 792,

court martial, before, 263,

criminal cases, in, 792.

grand jury, before, 792,

Obligors, CO. 662, 680.

joint, 634, 662,

Obstructions of public roads, 881,

Ocmulgee river, tax on lands on,

125.

Oconee river, tax on lands on,125.

Offences, attempt to commit, pun-ishment for, 799, 800.

bailable, not, 782.

cheats, committed by, 758,

decency, against the public,

741.

health, against the public, 741.

justice, against the public, 729to 737.

minor, arraignment for, 789,

morality, against the public,

741, '<gm -navigation act, against, trial of,

289.

offenders, appiehension of,

291.

pardon of certain, 848,

peace, against the public, 737to 741.

persons, against, 705 to 713,

policH, against the pub'ic, 741.

property, against, 713 to 722.

prosecution of certain, 359,830, 842.

religious societies, against, 324.

984 GENERAL INDEX.

Offences,

Sabbath, against the, 751.

slaves, by, 838 to 846.

relative to, 765 to 773.

state and people, against, 704,swindlers, by, 753.

Offenders, joint, trial of, 798.

prosecution of, 774 to 800.

unknown, prosecution of whenfound, 795.

Officers Central Bank, 214, 215.

Officers, civil,

accounts of, 779.

bond of j refer to Bonds.books, punishment for deten-

tion of, by, 731.

county, 851 to 859.courts, of; refer to Courts.duty of certain, 139, 303, 511,

739, 778, 8-20, 857.

election of certain, 507.

fees of certain, 144 ; refer toFees.

informations bv, 785.

in general, 526, 527, 528.larceny by, punishment for, 717.liability of, 303, 511, 820.

mistakes of, 575.

oath of certain, 507, 508 ; referto Oaths.

plea of, 528reports of, 940.

salaries of certain, 900, 901.

vacancies, 508.

Officers, health, of Savannah, 271.

Officers, Military.

additional, of rifle companies,247.

arrest of 262.

cavalry companies, of, 248.

squadions, staff of, 250.commanding, ofcompanies, 241.of counties, duty of, 252.

commission of, 235.

company, 237.

convention, annual of, 242.

detachments, of, 253.

disabilities of, 239.

duty of, 235, 241,252. 258.

election of, 235, 236, 237.

superintendents of, 235.

field, 2:J6.

fines of, 255, 256.

general, 235.

non-commissioned, 240.

desertion, charged with,when,256.

oath of, 239.

privileges of, 239.

rifle companies, of, 247.

sentencing of, 263stafl", appointment of, 238.

trial of, 261.

uniform of, 239, 240.

voting for, 235.

Officers, railroad, Western and At-lantic, 227, 228.

Offices, state, election and duty of,

99 to 119.

Officers, state-hoiLse, 111 to 119.

Official papers and writings, coun-terfeiting or forgiving of,

725.

Ogechee river, tax on lands on,124, 126.

Opprobious words, 793.

Orders, battalion, 242.

company, 242.

regimental, 242.

verbal, 242.

Ordinary, courts of; refer to

Courts.Orphans, binding out of, duty of

master, 328.

real estate of, 482.

rights of, 143.

Overseers, roads, of, 879.

slaves to have, 8]4.Oyer and terminer and common

pleas, Savannah, 642.

PACKERS of beef, pitch, pork,tar, turpentine, oath of,

and penalty for neglect,refusal, or violation ofact, by, 918

Packet vessels, annual bond of, 898.Papers lost during the war, 417.

destroying, punishment for, 761.Parent and child, 382.

Ouardian, privilege of, 692.Pardon and respite, 848.

application for, 798.

oflfences, for capital, 848.Parties, death of 548.

Partition of lands, 316, 414.Partitioners of land, 414.

Partners, general and special ; re-

fer to Partnerships.property of, 543.

Partnerships, 373 to 378.general, 377.

limited, certificates of, 373.business of, 375.

dissolution of, 377.fraud by, 376.

publication of, 374.

Patrols, act to establish, revivalof, 94.


authority of, 812.

captains of, apoointment of,

817.

divisions, 815, 816.

duty of; and persons liable to,

815 to 819.

law, construction of, 821.liability of, 817.

Paupers, 691, 692.

Paymasters, appointment of, dutyof, 238.

Peace, justices of the ; refer to

Justices, and Courts.offences against the public, 737.

Peddlers, 136.

liabilities of, 138.

license, obtaining of, 137.

oath of, 1.37.

officers, duty of, 139.

penalties on, 138.


Peddling, or trading without li-

cense, penalty for, 760.Penally,academy funds, for withholding,

186.

appeal, frivolous, for, 600, 648.attorney, for deceiving court,

5(16.

arbitrators, for neglect, 899.

bailment, for unlawful, 782.

ballast, for throwing into rivers,

290.

banks, bills, or notes, for neg-lecting to redeem, 357,

cashiers of^ for neglect, 361.notes,for non-payment of,354.

presidents of, for neglect, 361.receivers of, on 364.

returns, for not publishing,361.

specie, for failing to pay, 359.boats, on agent, owner or pa-

troon, of, for refusing toshow bill of lading, 289.

owners, on. for carrying unin-spected flour, 930.

books, annual abstract of, for

neglecting to lay beforegrand jury,by officer,857.

bridges, on commissioners of,

for neglect or refusal,884.

on proprietors of, for neglectto publish rates of toll,

886.

burying grounds, for injuring,

324.

captain bringing colored seameninto the state, neglecting

to report and give bond,

34.

Penalty of captains for neglectingor refusing to carry awaycolored seamen, 835.

cattle, for ki ling, 763.

for maiming, 763.

clerk, county, for neglect to file

evidence of freedom, 827.

clerk, courts inferior, ordinary,superior, for neglect to

keep their offices at, orwithin one mile of, court-house, 511.

inferior court, estrays, for

neglect of duty concern-ing, 870.

treasurer, acting as county,for neglect to make exhi-bit of county funds, 859.

ordinary, court of, for refusing

to register births, 693.

claimant for damages, by rail-

road company for fraud,

367.

collector of taxes, on, 161.

color, free persons of, state, for

remaining in the, 827,835,

conveyances fraudulent, onparties to, 422, 424.

coroner, for neglect, 525,780.

cotton seed, tor neglecting to

remove certain, 893.

weighers, for offences by ,889 .

weight, true of, for making il-

legal deductions from.8tt9.

creditor, on, for illegal arrest of

debtor, 311.

deed, second, for making, 423.

dower, forfeiture of by adulterrand alienation, 436.

fraudulent recovery of, 432.

election, for violation of free-

dom of, 1U5.

superintendent of, for viola-

tion of duty by, 106.

ejectment, for secretion of, 448.

estate, for fraudulent adminis-tration of an, 472.

estrays, taker up of, for, neglect,

868.

felony, for compounding of, 784.

ferryman, on, 275fines in general, 542.

military, 256, 260.

fire, for making, near tobaccowarehouses, 923.

flour, boat owners, for carryinguninspected, 930.

inspectors of, for purchasing,929.

persons, for packing in light

or old barrels, 929.

shipping uninspected, 929.

forfeitures in general, 542.

treble, 442.

fraud, partners guilty of, 376.

gunpowder, for illpgal transpor-tation of, 751.

habeas corpus, for denial of writof, 305.

impound, for neglect to, E67.

indigo weed, for neglect to de-stroy, 895.

inspectors of beef, pork, pitch,tar, turpentine, for neg-lect, refusal, or violationof act, 918.

flour, of, for purchasing of,

929.

tobacco, for violation of act,

919.

delivering without order,923.

fees, receiving other thanlegal, 923.

picking refused, 923.

purchasing or manufactur-ing of, 927.

warehouse failing to attead,

922.

GENERAL INDEX. 985

Penalty.juror, for contempt, 600.

justice, for neglect of duty con-cerning estrays, 870.

license, for peddling without,760.

trading without, 760.

liquors, for sale of, near housesof worship, 324.

lumber, drift, for buying of, or

selling by, raftsmen, 890,891.

inspectors and measurers of,

for violation of act, 891.mariner, for refusing to answer

inquiries of pilots, 268.

marriage, bans, without publica-tion of, 329.

illegal, 755.

license, without, 329.

military duty, for non-perform-ance of, 250.

disobedience, 245.

fines, 256, 260.

mutinous conduct, for, 245.names, illflgal use of, 377.

navigation, for obstructing, 290.

negroes, for rutming off, mort-gaged, 351.

offences in general, 793.

officers, fees, for demandingmore than legal, or for

services not performed,906.

habeas corpus, refusing to re-

turn upon, 303.

prison bounds, for refusing toreceive bond for, 315.

recognizance, refusing to de-liver, 777.

packers of beef pitch, pork, tar,

turpentine, for neglect,refusal, or violation ofact, by. 918.

passengers, for landing at, orwithin fifty miles of Sa-vannah, 270.

patrol divisions, neglecting tolay oft". 816.

paymasters, for misconduct, 238.peddlers, 137, 138.

perjury by applicant for land,383.

persons, certain, not general,given to, 785.

pickers, tobacco, for purchasingor manufacturing, 927.

pilots, for acting without au-thority, V82.

pork, for sliipping uninspected,917.

property, taxable, for makingfraudulent returns of 151.

physicians, for concealing con-tagious diseases, 272.

quarantine law, for violation of,

266.

railroad companies, on, 365.receipts or payments of county

funds, neglecting to regis-

ter, by persons paying,857.

rice dams, for stopping up suchas have been opened,898.

religious worship, for disturb-ing, 323.

roads, overseers of, for neglectof duty, 878, 879.

sabbath breaking, 751, 752.seamen, certificate, hiring with-

out, 275.for withholding from, 274.aiding to desert, 274.enticing away, 274.harboring deserting, 274.selling intoxicating liquors to,

274.selling by other than lawful

standard, 888.

Penalty.servants, for unjust complaints

by white, 327.

for absence of, 327.

sheriflT, prison bounds, for refu-

sing to receive bond for,

315.

prisoners, for neglect of, 854.for escape of, 517.

for refusing to certify cus-tody of, 519.

showmen, exhibiting withoutlicense, 861.

slaves, concerning, 810.

prohibited, for receiving, 768.

runaway, for refusing to receiveinto custody, 821.

tobacco, concerning, 919 to 928.

vendue masters, on, 135.

vessels, masters, mates, or boat-swains of, for violation oftobacco inspection act,

920.

masters of, for receiving unin-spected tobacco, 920.

voting, for duplicate, 105.

for illegal, 109.

weapons, for carrying or selling

deadly, 739.

Penitentiary, chaplain to, 936.

committee, 933, 934, 935, 936.

contractors, 932.

convicts, 933.

confinement of, until convey-ed to, 794.

placing on public works, 229.

removal of, to, T93.

witnesses, when competent,797.

crimes, trial of, punishable withdeath, or imprisonmentin, 791.

dues, collection and payment of,

940,941,942.escapes from, punishment for

permitting. 733.

fabrics, sale ot, 938, 'J39.

imprisonment, disqualification

for oflice, 797.

keeper to be notified of convic-tions, 794.

materials for, 937.

morality in, 936.

officers, 930, 931,932.reports by. 940.

police, 930 to 942.

prisoner, punishment for refu-

sing to receive into, 733.

trial of, for escape fiom, 794.

religious books for.^and instruc-

tion in, 936.

supplies, 932 937.

Perishable property , selling of, 552.

Perjury andfalse swca^-ing,729,730.

conviction of, 383.

definition of, 7-J9.

punishment for, 310, 729, 730.

subornation of, and punishmentfor, 729.

Personal contracts, 436 to 442.

estate, tax on, 127.

property, claim to, 608.

Persons, born beyoml seas, 317.

educated in foreign countries,

317.

exempt from tax, 132.

habitations of, off'ences against,

71-2.

of citizens or individuals, oflTcn-

ces against, 705 to 712.

Persons of color, v/hen deemedslaves, 8-26.

Petition, process, and service, 547,

548.

PhTfsicians, board of, 19 ^ 199,200.

contagious diseases, penalty for

concealing by, 272.

Pickers, tobacco, pay of, 926.

penalty for buying or manufac-turing, 927.

66

Pilotage, 279 to 289.

commissioners of, 279.appointment, duty, oath, povr

ers of, 279.

rates of, 283.

security for, 285.Pilots, and masters of vessels, 283.Pilots, bond of, 280, 281.

carried away illegally, 235.compensation of, 283.disputes, settlement of, 285 to

288.

duty of, 267, 282, 283.fees of, 280.

liabilities of, 282, 283.oath of, 280, 281.

penalties for violation of act,282.


removal of, 282.

vessels to moor, 285.

Pine lands, tax on, 123, 124, 127.

Pitch, inspection of, 917.

inspectors and packers of, dutyof, oath of, penalty for,

917, 918.

shipping uninspected, penaltyfor, 917.

Plaintiff; refer to Courts, and'Proceedings of courts. '

Plats of land, 389, 390.

Play, cheating at, punishment for,

758.

money lost at, 744.

Police, offences against the pub-lic, 741.

Poll tax, 131.

Polls, opening and closing of,

101.

Poor, education of, 184, 185.

overseers of the, appointmentof, 691.

tax, collection of, rate of, 692.

scholars, 181.

school fund, 181 to 184.

Pork, inspection of, 917.

inspectors and packers of, dutyof, oath of, and penaltieson, 917, 918.

shipping uninspected, penaltyfor, 917.

Possession, quiet, for twentyyears, 540.

writs of, 616, 617.

Posthumous children, 332.

Posting of coward, punishmentfor, 738.

Posting of roads, 878.

Post notes, issue of. 358.

Pound, making of, 867.

Powder receiver, fees of, 906.

Presentments of grand juries, 788.President and Vice, of United

States, election of elec-tors of, 106.

Principals and accessories incrimes, 703.

Printer, state, compensation, duty,election, office of, 118,119.

Printing, state, execution of, 118.Prison bounds, 314, 315.bond for, 315.

prisoners entitled to, 314.survey of, 315.

Prisoners, apprehension of onSunday, 522.

bail may have writ to detain.

521.

civil process, on, 519.

in custody on, 518.

execution in, 518.

fetters, not to be arraigned ia^790.

jailers to receive from othercounties, 517.

mainpernable, penalty for eu-lawful bailment, 782.

names of, sheriff to certify, 782.plea of, 790.

986 GENERAL INDEX.

Prisoners.

property of, liable for costs,

779.

removal of, 304, 517.

retaking of, 518.

set at large, not to be recom-mitted but by order ofcourt, 303

trial of, for escaping from thepenitenti iry, 794.

Private parts of another, punish-ment for injuring, 709.

Privates, militia, fines of, 256.

Probate of wilts, 458, 460, 462, 463.

Proceedings in actions commenced,569 to 612.

amendment of, 573 to 578.

answer and defence, 570 to 573.

arbitration, 591.

confession of judgment, 595.

damages and costs, 592.

judgment and subsequent, 596to 613.

jury, trial by, 578 to 583.

Proceedings out ofthe usual course,614 to 627.

Process, publication and service,

676.

Process, petition and service, 547.

Prochein ami, 951.

Produce, realty severing from,punishment for, 765.

weight of, punishment for in-

creasing, 759.

Professions, t^x on, 131.

Promissory notes, 440.

Property, claims to, 482.

confiscated, appropriation ofcertain, 176,

crimes and oftauces relative to,

713 to 722.

exempt from execution, 315,316,317.

division of, 484, 485, 486.

insolvent debtor of, 315, 316,317.

levied on, out of county, by taxcollector, 156.

partners, of, 543.

perishable, levies on, 156.

sale of, 552.

personal, bank shares deemed,352.

claim to, 608.

prisoners, of, liable for costs,

779.

removal of, by guardian, 336.

illegal, of, 617.

slave, security of, 807.

stealing deeds or other titles to,


stolen, found in possession ofslaves. 811.

taxable, returns of, 149.

titles to, 379 to 492.

Prosecution by collusion, 766.

of indictments, 795.

Prosecutors and common informers,

784, 785, 786.

challenge of, as jurors, 797.

Provisions, punishment for selling

unwholesome, 747.

Provost marshal, duty, election,

oath, oflice, of, 259, 260.

Publications, punishment for cir-

culating incendiary , 704.

Public buildings, and county offi-

cers, «52.

breaking and entering, punish-ment for, 717.

seals, punishment for using or

forging, 728.

Punishment for adultery, 741.

aflTrays, 737.

arson, and attempting, 712.

causing death, 712.city, village or elsewhere, in,

712.

day time, in, 712.

Punishment forarson, outhouses, burning or set-

ting firoto,712.

assault, and assault with in-tent, 710.

assemblies, unlawful, 737.

bail, personating another, in,

731.

bank notes, checks or drafts,

counterfeiting, 727.bank officers, offences by, 720,

721.

banks, breaking meadow or riv-

er, 762.

barratry, 735.

bastardy. 754, 755.

battery, 710.

beacons or buoys, destroying of,

761.

bestiality, and attempting to

commit, 710.

betting, 743.

bigamy, 741, 742.

bonds, certificates, deeds, wills,

etc., counterfeiting of,

725.

brands or marks, counterfeitingof, 759.

bread or drink, selling unwhole-some, 747.

bribery, 730bribes, receiving, 730.

bridges, breaking, 762.

burglary, 713.

castration, 709.

cattle, killing or maiming, 762.

marking or branding byslaves, 763.

challenge, sending, 737.

coin, counterfeiting of, 726.

colored person's, slaves or free,

capital crimes of, 838.

carrying or keeping fire-arms,

832.

cattle, killing, marking, or

branding, for, 842.

certificate of freedom, trans-

ferring, 827.

communicating with otherson board vessels, S35.

going ashore from vessels,835.harboring. 840.

houses, burning, or attempt-ing to burn, 838, 839.

incendiary documents, circu-lating, 839.

information, giving false, 841.preaching, or exhorting, 841.

proportioned to offences, by,84fi.

slaves, inveigling, 839.

striking white persons, 838.teaching to poison, 841.

to read or write, 839.

trading with, 839.compounding crimes, 734.

penalties, 734.

conspiracy, 735.

corporations, counterfeitingniimes of, 728.

counterfeiting, 725 to 729.coward, posting, 738.

credit, fraudulently obtaining,758.

Crimes, attempting to commit,799, 800.

by laws existing at time ofcommission, 795.

dams, breaking of, 762.

dead bodies, disinterring, 750.deadly weapons, carrying or

selling, 739.death, to be by hanging, 194.

deer hunting, by fire-light, 763.detainer, forcible, 740.duel, fighting, 738.duels, oflicers not preventing

738.'

seconds to, being, 738.ear, disfiguring, 709.

Punishment forelections, superintendents of,

for mismanagement, 105.

embracery, 735.

entry, forcible, 740.

escapes, 732, 733.

extortion, 736eye, or eyes, putting out, 708.

false swearing, and subornationof, 729.

keys and pick-locks, posses-sors of, 748.

writings,- obtaining goods by,729.

felons, harboring of, 734.I transported, 749.

! felony, compounding of, 784.

! fictitious names, use of, 728.

fire, setting on, fences, 762;I

produce, stacks of, 761

;

i woods, 762.

I firms, counterfeiting names of,

1728.

fornication, 742.

fugitives from justice, 748.

gambling with negroes, 745.

! gamesters, for fighting, or chal-

1 lenging to fight, 745.

gaming houses or tables, for

keeping, 743.

goods, obtaining of by persona-ting another, 760.

! hog stealing, 715.

I

horse stealing, 715.

horses or cai tie, unlawful kill-

Iing or branding of, 762.

Ihouses, disorderly, lewd, and

I

tippling, keeping, 742.

I

imprisonment, false, 711.

I

by magistrate, 711.

;incest, 742.

Iindefinite, limitation of, 773.

: j^il, refusing to receive prison-i ers into, 733.

I

jailers, for cruelty, 731.

I justices, for malpractices, 735.

I kidnapping, 7 11.

j

white children, 711.

larceny, after a trust, 717 718,

I

719.

!from the house, 716, 717.

Iperson, 716.

I

simple., 714, 715.

legal process, obstructing. 731.

jlevies, fraudulent, making, 736.

I limb or member, disfiguring,

707.

lip, disfiguring, 709.

lotteries, establishing, 746.

I tickets, for selling, 747.

jIving, to obtain endorsers, 760.

Imanslaughter, 705, 706.

;mayhem, various degrees of,

i 708, 709.

I

measures, using illegal, 888.

i mile-posts, defacing, 765.

\mining, unlawful, 721.

jmurder, 705.

jnavigation act, offences against,

;

289.

nose, biting off, 709.

disfiguring, 709.' offences, attempting to commit,

799, 800.

non-enumerated, 736, 741,760,765.

oflScers, detention of books by,

I

731.

j

mistreatment of another, by,

:

732.

records, falsifying by, 731.

I stealing, by, 731.

papers, destroying, 761.

partners, fraud, by, 376.

peddling or trading without li-

cense, 760.

penitentiary, mutiny in, 736.

instigating to, 736.

prisoners, for refusing to re-

ceive into, 733.

GENERAL INDEX. 987

Puniahment forperjury, 310, 730.

subornatioa of, 729.personating another, 729.play, cheating at, 758.

private parts, injuring, 709.

persons, names of, counter-feiting, 728.

produce, increasing weight of,

759.

provisions, selling unwhole-some, 747.

quarantine, violating, 748.railroads, unlawful intrusion

upon, 763.obstructing of, 764.

rape, and attempt to commit,709

realty, severing produce from,765.

rescue, attempt at, 732.riotous persons, 245.riots, 737.

rivers, injuring or obstructing764.

road duty, refusing or neglect-ing to do, 880.

roads, obstructing, 764, 881.robbery, 7J3.

seals, public, forging or using,728.

selling by false weights, 759.under weight by bakers, 759.

slaves, or free persons of color,offences by, 846.

slaves, abuse of, 770.books or stationery, selling to,

772.

carrying away, 769.crimes, procuring to commit,

773.

drugs, poisonous, selling to,

773.

employment of, by ceitaiupeisons, 772, 773.

goods, delivering to, 771harboring or concealing, 769.hiring, illegal, of, 768.indefinite, limitation of, 773,inducing to run away, 715.peddlers, trafficking with,773.prohibited, knowingly receiv-

ing of, 768.

purchasing from without per-mit, 771.

spirituous liquors, selling to,

771.

state, bringing into, 765,767.

stealing, 715Sunday, for causing to labor

on, 770.

teaching to read and write,772.

to write or read writing,772.

unlawful tickets giving to,

small pox, spreading, 747.sodomy . and attempt to commit,

710.

spirituous liquors, retailing

without license, 755.stabbing, 711.stolen goods, receiving, 733,

734theft ; refer to Larceny.threatening letters, sending,735.tongue, cutting out, 708.trees, cutting down, 765.vagabonds, 748.

vagrants, 748.

vessels in distress, or wrecks,stealing from, 715.

for firing or sinking, 764.

votes, buying or selling, 756.

voting, 756.

more than once. 756.

of minors, 756.

weights, using illegal, 888.

Punishmentforwills, deeds, bonds, counterfeit-

ing of, 725.

witness, for personating anotheras, 760.

Purchasers at administrators', ex-ecutors' or sheriffs' sales,

liability of, 607.

of life estates in personal pro-perty, when to give bond,607.

GIUjIR^JVTJME, 265 to 273,

answer touching health, penaltyfor refusal of mariners or

others to, 268.

cargoes, airing of, 267.

contagious disorders, 267.

counties and towns, jurisdiction

of, 272.

governor, proclamation of, 268.

officers, duty of, 266.

performance of, 265.

non-compliance, penalty for,

266.pilots, duty of, 267.

regulation of, 268.

Savannah, jurisdiction of, 268to 272.

vessel at, boarding without li-

cense, 266.

relieved from, 267.

with free persons of color onboard, subject to, 834.

violating of, punishment for,

748.

Qmo warranto, 614, 615.

RJIILROAD, Western and Mian-tic.

appropriation for, 222,

arbitrations, 223.

bridges across, 224.

chief engineer of, 116,228.commissioners, election of, 225.

superseded, 227.

construction, authorized, 225.

convicts, penitentiary, to workon, 229.

contracts and contractors, 222.

damages by., 229.

engineer, 222, 227, 228.reports of, 225.

injuries, wilful, to, punishmentfor, 224.

name, 222.

route, 226.

sale of, 229,230,stat«j scrip authorized to be sold

for, 168.


stamp for, 169,

survey and location of, 222.

termination of, 226,

way, right of, 223.

Railroads, 365 to 368.

arbitrations, 368, 592.

companies entitled to benefitsof act, 366.

complaints, making of, 365.

damages by, 365, 367.

unlawful intrusion upon, pun-ishment for, 763.

obstructions of, punishmentfor, 764,

Rape, definition of, and punish-ment for, and for attemptto commit, 709.

Receiver of tax returns. 146.


digest of, 154,

duty of. 151, 152.

election of, 146.

liability of 148,

oath of, 146,

qualification of, 146,

returns, taking of. 149,

vacancy, filling of, 508.

Recognizances, 951.

Recorder of Savannah, 643.

Records, cases civil and criminal,

513.

Records.colonial, charge of, 195.

falsifying of, by officers, punish-ment for, 731.

incomplete, 512.

security of, 112.

stealing of, by officeis, punish-ment for. 731.

transcribing of, 512.Regimental musters, 242.

orders, 242.

Regiments, militia, 233, 234.Registration of free persons of co-

lor, 825.

Religious books and instruction,in penitentiary, 936.

Religious societies, rights and^riv-ileges of,'323,324.

toleration, 322, 323.

worship, punishment for dis-

turbing, 323,

Rents due on life estates, 452.recovery of, 449, 448 to 452.suits for, 450.

Replevy, 449.

Representatives to Congress, elec-tion of, 107.

Rescue, definition of, and punish-ment for, 732.

Residence oi persons defined, 547.Resolutions and laws, publication-

of, 98.

Respite, 848.

Returns, taking of tax, 149.of sheriffs and coroners, travers-

able, 527.Revenue, counttj, 859 to 864.from escheats, 859.state, sources of, 121 to 144.surplus, acceptance of, 140.

appropriation of, 141.Review, annual, 243, 244.Rice dams, 895 to 899.

weighing- of, 889.

Rifie companies, 247.enli.^itments for, 247.number allowed each county,

247.

officers of, 247.

Rights, personal, 300 to 378.Riotous persons, punishment of,

245.

Roads, commissioners of, 876.877,882.

construction of, 874 to 883.cross, 876.

districts,. 876.duty, persons liable to, 879-

88.0.

fines, 880.

finger boards, 879.justices, jurisdiction of, 883.mile posts, boards, or marks,

penalty for defacing orremoving, 879.

obstructions to, punishment for,

764.

by railroads, 881.overseers of, 877, 878, 879.posting of, 878.

private, 882, 883.

punishment for obstructing,

883.

public, damages by, 875.

defined, 874.

laying oyt, 875.location of, 875.

obstruction of, punishmentfor. 881.

width of, 875.

Robbery, definition of, and punish-ment for, 713.

Rule nisi, sheriff or deputy, partyto, 527.

Rides of Court, 942 to 955.

in equity, 953 9.54, 955.

SjSBBjSTH 3REAKIJ\r6, 751,752, 753.

Salaries, certain officers, 900, 901.Salt marsh, tax on, 123.

988 GENERAL INDEX.

Savannah, health laws of, extend-ed to Darien, 272.

health officer of, election andfees of, 271.

mayor and aldermen of, powersof, 269.

passengers in certain cases, pe-nalty for landing at, orwithin fifty miles of, 270

wharfage, dockage, and storagerates in, 292.

Savannah river., tax on lands on,

124, 126.

Scales for tobacco warehouses,921.

School fund, poor, 181.

co|3imisaioners of, appointmentof, 181.

duty of, 182.

Schools, free, and academies, 176 to

186.

public, 199.

Scire facias, writs of. 549, 788,951.

Seaisland and sea shore lands, taxon, 123.

Sealed instruments, notes and ac-

counts, limitation of ac-

tions on, 542.

Seals, public, panishment for for-

ging or using, 728.

Seamen, act relative to, revival of,

94.

and masters, 273.

apprehension of, 273.

arrest, when free from, 276.

articled, when not detained bycivil process, 276.

certificate, penalty for hiring

without, 275, and for

withholding, 274.

desertion, aiding or assisting,

penalty for, 274.

enticing or c irrying away, pen-alty for. 274.

ferryman, penalty for transport-

ing fugitive, 275.

harboring, penalty for, 274.

hearing, entitled to summary,277.

justices, jurisdiction of, for,278.

special jurisdiction for, 275 to

278.

Seamen, colored, restrictions on,

834,835,838.Secretary of commissioners of pilot-

age, fees of, 288.

Secretary of state.

deputy, acts of, 590.

dutyof, 96, 227.

salary of, 931.

Securities, appeal on, entitled to

control of execution, 601.

attachments by, 554, 555.

for administrators, executory,guardians, 544.

executions, when entitled to

control of, 545.

payments by, 663.

protection of, 542.

relief of 471.

remedy of, on appeal, 601.

suits against, 662.

Securityship, evidence of, 546.

Senators, number of, 110.

returns of elections for, 103.

seats, contested, of, 110.

Senatus Academicus, of the Uni-versity of Georgia, 189.

duties of, 190.

formation of, 190.

meetings of, 150.

in November, 1834 and 1839,

legalized, 191.

Sentence by Court Martial, 263.

Servants, white, validity of con-

tracts with, 326.discharge of, 328.piotection of, 327.transfei of, 328.

Servants, white.

treatment of, 327.

Service, acknowledgment of, 548.

Sessions of Courts, 530, 688.

Setting on fire, fences, stacks ofproduce, woods, punish-ment for, 761.

Sheep, estray, 866.

Sheriff, Augusta, of, 632.

court, may open and adjourn,631.

election, bond, oath of, 632.

fees ; refer to Feessales by, advertising of, 641.

suits against, 633.

Sheriff, Savannah Common PleasCourt, may open and ad-journ, 642.

election of, 643.

fees of, 650,

oath of, 644.

sales by, 650.

Sheriffs, 945.

authority of courts over, 526.

ad interim officers, 508.

bond of, 514.

commission of, application for,

507.

compensation of, 164.

deputies, appointment of, andliability for conduct of,

515.

liability of, 527.

disqualification for, 507.

duty of, 129, 162, 315, 515, 548,564, 565, 568, 603, 610,688.

election of, 507.

elections to attend, 102escape warrants, 519 to 522.

escapes, liable for, 517.

executions, when entitled to

control of, 606.

for or against, 606.

fees, extra, of, 548 ; refer to

Fees.jails, to keep, 853.

liability of, l64, 515 to 522.

mal-practice by, 516.

mistakes of, 575.

neglect by, 521.

non-applicant, disabilities of,

508.

oath of, 514, within what timeto take, and give securi-

ty, 507.

special, 508.

official acts of, 590.

penalties, 516, 517, 519.

prisoners, must certify namesof, 782.

proceedings against, 129, 163.

process against, 548.

prohibition on, 515.

property of, when levied on,sale of, 606.

removal of, 527.

rule nisi, sheiiff or deputy partyto, 527.

runaway slaves, advertising andsale of, by, 822.

sales, days and hours of, 606.

under tax executions by, 608.


Ships or vessels, duties and liabili-

ties of masters of, 920.

Shipping, relative to, 273 to 279.

Showmen, tax on, 345.

Slander, damages in actions for,

597.

Slaves, abuse of, punishment for,

770.

and free persons of color, 801 to

849.

apprehension of with or with-out tickets, 813.

arson by, trial and punishmentfor, 838

boats, not allowed to keep,811.

Slaves-

books or stationery, punishmentfor selling to, 772

carrying away, punishment for,

769.

cattle, punishment for killing,

marking or branding, by,842.

punishment for permitting to

kill, mark, or brand, 763.

crimes by, 837 to 849.

capital, of, 838.

punishment for procuring to

commit, 772.

documents, punishment for cir-

culating incendiary, 839.

drugs, poisonous, punishmentfor soiling, to, 773.

emigrants, introducing, oath of,

768.

employment of, in printing offi-

ces or as druggists or

apothecaries,punishmentfor, 772.

examined, punishment for re-

fusing to be, 813.

executed, State not liable to

owners for, 848.

exemptions of, 767.

fire-arms, not allowed to keep,812.

from non-slaveholding State,

prohibited from enteringinto Georgia, 833.

fugitive, in custody, at whosecharge maintained, 820.

gifts of, 408.

goods, delivering of, to, punish-ment for, 771.

harboring, hiring, or concealingof, punishment for, 768,769, 810.

houses, not allowed to rent, 810.

infirm, provision for, 810.

information of design to poison,reward of, 841.

false, punishment for giving,

841.

inveigling of, punishment for,

839.

killing of, when justifiable, 707.

prosecution for, 707.

labor for themselves, not allow -

ed to, 810.

manumission of, 806, 807.

by legislature only, 806.

deeds of, punishment for mak-ing, 807.

manumitted, disposition of, 807.

manumitting, penalty for, 806.

master may give written permitto trade, 8ii.

medicine, when not allowed to

administer, 812.

meetings of, prohibited, 814.

mortgaged, penalty for runningoff', 351.

negroes claimed as, oath ofclaimant, 833.

offences by, 837 to 848.

capital of, 83S.

minor of, 839.

prosecution of, 842relative to, 765 to 773.

overseers, to have, 814.

parents may hire or loan to chil-

dren, 768.

patrols may seize weapons in

I>ossession of, 812.

persons declared, 802.

poison, punishment of,for teach-ing others to, 841.

preaching or exhorting by, for-

bidden, 840, 841.privileges and disabilities of,

802 to 815.

prohibited, punishment for

knowingly receiving of,

768.

prohibitions of, 810.

GENERAL INDEX. 989

staves.

property, security of,807 to 810.

protection of, 707.

punishment, indefinite for, limi-

tation of, 773.

purchasing from, without per-

mit, punishment for, 771.


reward of, 841.

runaway, 819advertising of, 822.

apprehension of, yi9.

custody, ponaity for refusingto receive into, 831

inducing to, punishment for,

715.

mileage allowed for deliver-

ing, 82>).

officers receiving, duty of,

fees of, 8-20.

persons maimed in apprehending, 821.

sale of, when authorized, 821,822.

sale of, for division, 481.

sick or disabled, reception of byGeorgia Infirmary, 207.

spirituous liquors, selling to,


state, persons privileged to

bring into, and duty of,

766.

stealing, punishment for, 715.

stolen goods, found in posses-sion of, 811.

suits for freedom by. 802, 803,804.

Sunday, punishment for causingto labor on, 770.

teaching to read or write, orwiite or read writing,


trade or traffic not ailow6d,81l.trading with, punishment for,

777, 839treatment of, 770.

trial of, 845 to 849.

tribunal for trial of, 842 to 849.weapons in possession of, any

person may seize, 813.worship, not to assemble under

pretence of divine, 814.written permits, requirement of

8J4.

Sodomy, definition of, and punish-ment for, 709.

attempt to commit and punish-ment for, 710.

Spirituous liquors, license to re-

tail, 863.

license, fee for, 755.

retailing without license, pun-ishment for, 755.

Staftttrjo-, punishment for, 711.

Stakes, etc., not to be placed in

enclosures, 793.

State accounts, 115, 116, 117.

State bonds, disposition of, 227.payment, of, 172.

State-huuse officers, and state print-er, 111 to 119.

State Institutions and public works,174 to .^20.

State Printer, 118, 119.

State sci-ip, sale of, 168.

stamp for. 169.

Statutes, English, and commonlaw, adoption of certain,93.

Statutes, Georo-Ja, distribution andpublication of, 95 to 98.

committee of exnmination, 98.compiler, appointment and duty

of, 97.

SteaZino-, 73 to 71 9; referto Lar-ceny,

Steamboat company, stock, tax on,J27.

Stoe}^, bank, tax oti, 128.

m trade, tax on, 129.

Stockholders j refer to Banks, etc.

Stocks; refer to Banks, etc.

Stolen goods, punishment for re-

ceiving, 733, 734.

Storage, dockage and wharfage,rates in Savannah andDarien, 292.

Stumps and trees, removal of,

from roads, 875.

Subpoena, 952.

Suitors, remedy for, county with-out clerk or sheriff, 509.

Sunday, apprehensions on, 522.arresis on, 753.

bail process and attachment,served on, 567.

domestic duties may be per-

for.T'ed on, 753.

games and sports forbidden on,

;51.

goods, penalty for selling on,751.

process, civil, not to be servedon, 753.

public houses to be closed on,751.

tippling houses, examination of,

on, 752.

working on^ penalty for, 751.Surplus Revenue, 140, 141, 142.

Sutders, regulation of, 244.

Sureties, privileges of, 545.

relief of, 471.

Surveys 38H to 392, 952.

Surveyor- General, duty of, 112,

386, 389.

election of, 386.

government of. 386.

liability of, 387.

Surveyors, county, 386,387.bond of, 526 ; duty of, 392.

election of, 386.

government of, 386.

liability of, 387.

oath of, 526.

powers of, 526.

Survivorship abolished betweenjoint tenants, 413.

Swamp, inland, tax on, 124,

river, tax on, 123.

tide, lax on, 123,

Swearing, false, definition of andpunishment for, 729.

subornation of, and punishmentfor, 729.

Swindling, 759, 760.

TjiLESMEJ\r; refer to Courtsand Juries.

Tar, inspection of, 917.

inspectors and packers of, pen-alty for neglect, reiusal

or vio ation of act, by ,918.

shipping, uninspected, penaltyfo.,9l8.

Tavern license, granting of, 862,

863.

fee for, 855.

rates, penalty for overcharging,862.

Tax accounts, keeping of, 117.

acts ot foice, 123,

arrears of collectors, 162, 163,

164.

bankers, on, 130.

billiard tables, on, 132.

bridges, on, 131.

brokers, on, 130, 132.

collection of, 149.

collector, defaulting, 11.3.

settlement with, 159 to 164.

debts, to have precedence ovenall oilier, 1.^8,

defaulters, 151 to 154.

direct, 123 to 1.33.

doctors, botiinic, on, 131.

estate, personal, on, 127 to 132.real, on, 123 to 127.

extraordinary, for county pur-poses, 860

grand jury to recommend, 806.

67

Tax.factors, on, 132.

ferries, on, 131.

insolvent list, of, 169..

land, on, 123

lawyers, on. 131.

lotteries, on, 131.

merchants, exchange, on, 130.

money, on, 130.

non residents, of, 156 to 158.

payment of, 154 to J58.

physiciyins, on, 131.

I)olls, on, 131.

poor, collection and rate of, 692.

professions, on, 131.

receiver's digest of, 154 to 158.

returns, 149, 150, 151.

showmen, on, 345,

shows and exlubitions, on, 860..

861,862.stallions, on, 127,

stock, on bank, J28.

in trade, 129.

transportation, 127.

turnpikes, on, i3LTaxation, exemption from, 132,Taxes, collection of, 149.

collector of, 146 to 149.

dignity of, 15b.

governor, powei of, to suspend,115.

power to levy, 345.

receiver ol returns of, 146 to 149.

Teachers, accounts of, 181, 183.

and poor children, 181.

payment of, 183

Tefiiant, for years, 443.

in common, 413, 539.

joint, aciion by, 539.

survivorship, abolished be-tween, 413.

Territory, Western, cession of, 83to »6.

Testimony, interrogatories andother parol, £84 to 589

3

rel'er to Courts and Wit-nesses.

Theft, 713, to 719 j refer to Lar-ceny.

Threatening litters, sending of,735.

Threats and menaces, 702.

Time and interest, computation of,

441,442.

Tin and other ware, sale of, 140.

Talc, execution of, 483.

Title to property, by, 379 to 492.,

deed, 400 ; d(;scent, 465 ; dis-

tribution, 465; escheat,4c8

;grant, 380, 396

j

lease, 442 ; raruriage,428

;

will. 453,

Tobacco, inspect' I a of, 919 to 928.act, penalty ior violation of by

master, mate, or boat-swan of vessels, 920.

branding of, 925.

burning of, prohibited. 927.

buying or manufacturing by in-spectors or pickers, pen-alty for, 927, .^^

captain of vessel, penalty for

receiving, uninspected,920.

coopers, appointment of, pay of,

925.

inspection, by quality, 927.

inspectors, act, jienalty for vio-lation of, by, 926.

appointment of, 926.coii. plaints against 921.

delivering without order, pen-alty for, 925.

duty of 921.

fees, penalty for receivingother than legal, 923.

liability of, 927.

oath of, 928.

picking refused by, penaltjfor, 923,

receipts of, 922.

990 GENERAL INDEX.

Tobacco.I

inspector, warehouse, failing toi

attend, 92i\

pickers, appointment of, 9?5;

oath of, 927; pay of, 926.

picking of, ar warehouse, 923.I

prizing of, 925.

receipts, transfer, 923.

storage of, 9-27, 928. i

transfer, sale of, 924,

vessels, <iuties and liabilities ofmasters of, 920.

warehouses, iasp-Dction of 925.

penaUy for L.ali.ng firn near,923.

repair and security of, 924.

7*0?/, rates of, 886.

Toll masters, forcattln and horses,appointment and duty of,

861,

Tongue, punishment for cuttingout, 708.

Town com.mis.s>oners, to enforcequur miiiie regulations,powers of, 2/2.

Town lots and btiildlncrs, tax on,127.

Trade, encouragement of direct,

368.

Trading without license, penaltyfor, 76J.

Transportation stock, tax on, 127.

Treason, first and second degree,puni-hmenl for, 70 J.

habeas corpus, in cases of, 3J4.insurreclioii of sl.ives, exciting,

punisliment for. 704Treasurer, county^ annual exhibits

by. 8."j6.

bond of, y55booi* of S.^*!.

clerk of inferior court acting as,

858.

compensation of, 8.56.

larceny by, punishment for, 719.

money collected to be paid to,f<55.

oath of, 855.

Treasurer of poor schoolfund, ap-pointment and duty of,

182.

Treasurer, State, 112.

estimates, certain, to submit,112.

reports of, 112, 172.

Treasury, annual reports of state

of, 114.

payments from, 173.

Trespass, and other personal ac-tions, 597, 598.

Trial for crimes, and evidence,791 to 794.

Trial of color, 805.

Trial of slaves andfree persons ofcolor, 844.

Trials, new, 951.

Trover, 598.

Trust estates, and trustees, 409 to

413.

Trii^iecs, infant, 412.i

Trusts, assignment of, 409.

execution of 409.

heir not chargeable for cestuyque, 410. i

law, by implication of, 409.

liability of the cestuy quo, 4^9,

Turpentine, inspection of, 9 1 7,9 i 8.

inspectors of, penalty for neg-

lect, refusal, or violation

of act, by, dinshipping uninspected, penalty

f..r. 918.;

l7JV7i^OftJl/of officers of militia,

239.

Uniform.of volunteer corps, 245.

University of Georgia, 186 to 194.bonds and mortgages pledged

by, ly8.

endowment of, 186. 189.military duty exempt from, all

immediately connectedwitii the. 194.

lands of, exempt from taxation,187.

trustees may sell certain, 187.investment ofproceeds of, 187. ;

re-survey of, 393, 394.officers, appointment of, 191.

senatus academicus of, 189.

duties of, meeting of, 190.

trustees of, board of, j90, 192.

duties of, 193.

. incorporation and powers of,

192.

meeting of, 192.

powers of, 194.

visitors of, board of, 190.

Usury, plea of, 672.

VJlCCJJSTE MJiTTER, furnish-ing of, 273.

Vagrants, punishment of, 748.

Vendue masters, 133.

appoiritment of, number of, andin particular places, 133;bond, commissions, du-ty, license tax, state tax,

oath, powers of, 134,sales books to be keptand returns made ; de-fault, penalty for ; de-linquent, prohibitions on,

135 ; returns, returnsfraudulent ; suits against,136.

Verdict, when not receivable,595.

Verdicts and other criminal pro-ceedings, 795 to 81J0.

Verdicts, judgments, and appeals,

597 to 6U2,

Vessels, bond of agents or own-ers of, for non-exporta-ti.in of slaves, &U7, 808,809.

duties and liabilities of mas-ters of, relative to to-

bacco, 9'20.

quarantine of, with free per-sons of color on board,834.

Volunteer companies, 245 to 251.

Voters, liabilities, oath, privileges

and protection of, lo3,

104, 1U5.

Votes, punishment for buying andselling, 756.

Voting, duplicate, penalty for,

105.

illegal, penalty for, 109,756.manner of 1 00.

minors of, punishment for, 756.

more Uian once, punishmentfor, 7.56.

WJIRD ; ref'r ti! GuARDTAV andWarehouses, tobacco, 924. 925.

Warrants, distress; 449, 6;55.

escape, 519 to 522.

land, 385.

served in another county, en-dorsement of, <76,

Water courses re-survey of, 399.

Water machinery, when a nui-

sance, uijatement of, 750.

Weapons, deadly, punishment for

carrying or sellmij. 739.

seizure of, >n possession ofi

slaves, 912, 916. I

Western and .Atlantic Railroad

;

refer to Railroad.Wharfage, storage, dockage, ratea

in Savannah and Dariea,292 to 294.

Wharties, tax on, 127.

Widows, administration, entitledto, 468.

certain property of, exemptfrom execution, 315, 316,317.

support of, 487.Wife, alienation by. void, 402.Wife, husband and, 329 to 332.rights of, 429 to 436; refer to

DoWBU.Wills, counterfeiting or forging,

punishment for, 725.execution of, 455.fraudulent, 459.

in writing, 4.53 to 457.""

liability of persons detaining,472.

nuncupative, 4-58.

probate of, 453.witnesses to, 458.

personal estates of, 457.persons incapable of making,

455probate cf, 460, 46?.real estate, of, 457.recording of, 456.

revocation oC, 457.Witnesses, 2(i3, 287, 952.

and interr-.gatnries, 287, 558,583 to 589, 639, 668.

attendance of, 584-

books, evidence of, 687.compelled to answer, 585.

compensation of, 263,668, 797.competent, in criminal cases,

7 93.

gambling cases, 743.contempt of court by, punish-

ment fur, 5t^5.

coroner's inquest on, oath of,

525. <

credibility of, 456.

duiv of, 668.

examination of, 780.

fees allowed to, and paymentof, 584,589,639.

liability of, :-'87, 683, 587, 588.number of, 5c54, 668.

oath of, 263, 792.

perjury, disquulifies for, 730.penitentiary convicts, when

competent, 797.recognizance of, 781.residents ofthis state compelled

to give testimony in

other states, 588.

slaves, when competent, 845,state's, 792.

subpoena for, 583, 639.

testimony of females, 585.of persons going beyond seas,

.^;85.

perpetuation of, 585.wills, to, 4ti3.

nuncupative, to, 458.

Words, opprobrious or abusive, i»palliation for assault andbattery, 798.

Write or read, punishment for

teaching slaves to, 772.W'Wi, filing of, 547.

habeas corpus, of, 301 to 308,

ne exeat, of, 679.

possession, of, 604.

Writing, contracts in, 436.

punishment foi teaching slaY9«

to write or to read, 792,

LEGAL FORMS.PROMISSORY NOTES.

On or before the first day of January next, I promise to payJohn Doe, or bearer, one hundred dollars, for value received, this May1, 1848. RICHARD ROE.

f 100.

Six months after date, we promise to pay John Doe, or bearer,

one hundred dollars, for value received, this May 1, 1848.

RICHARD ROE,

* JAMES BROWN.

Eight months after date, I promise to pay John Boe, or bearer,


RICHARD ROE,

JAMES BROWN.

Seven months after date, we, or either of us, promise to payJohn Doe, or bearer, one hundred dollars, for value received, this May1, 1848. RICHARD ROE,

JAMES BROWN.

03" The first of the preceding forms of Notes is the most common in use among the

people.

The second is the joint note of Richard Roe and James Brown. Both must be pro-

ceeded against, if the Note is sued upon.The third and fourth are the joint and several notes of Richard Roe and James

Brown; both, or either of them, may be sued, at the discretion of the holder. Notes of

the above description are negotiable without a written transfer, or endorsement.

$100.Twelve months after date, I promise to pay John Doe one hun-

dred dollars, for value received, this May 1, 1848.

RICHARD ROE.

0= It is lawful to restrain the negotiability of a Note, and it is generally supposed

that this is effected by drawing the Note in the above form, that is, by dropping from it

the words " or bearer ;" this is wrong. A Note in this form is rendered negotiable by

the person to w^hom it is made payable (who is called the payee) endorsing the note.

To restrain the negotiability of a Note effectually, adopt the foUo'wing form

:

$100.Six months after date, I promise to pay John Doe, only, one

hundred dollars, for value received, this May 1, 1848.

RICHARD ROE.

[Cr If one person signs the Note of another, for whom he is security, it is important

to him so signing to add the word " security" to his signature, thus :

8100.One day after date, I promise to pay John Doe, or bearer, one


RICHARD ROE.

JAMES BROWN, SsCUritl/.

992 LEGAL FORMS.

Or thus :

One day after date, we, or either of us, promise to pay JohnDoe, or bearer, one hundred dollars, for value received, this May 1,

1848. RICHARD ROE.

JAMES BROWN, Secuvity,

Twelve months after date, I promise to pay John Doe, or bearer, Tengood Cows and Calves^ for value received, this May 1, 1848.

RICHARD ROE.

0° This is a good Note ; and if on its falling due, the maker tenders to the holder ten

good cows and calves, it is a legal tender ; but if the maker neglects to do so the holder

afterwards, has his option to receive, or to refuse to receive, the cows and calves. If

suit is brought, the plaintiff will recover, in dollars and cents, the value of the cows andcalves at the time the Note fell due.

$100.

Six months after date, I* promise to pay John Doe, or order, one


RICHARD ROE.

$100.

Six months after date, I promise to pay to the order of John Doe,


RICHARD ROE.

DIF To render these notes negotiable, they must be endorsed by the payee.

BANK NOTE.Augusta, May 1, 1848.

Sixty days after date, I promise to pay to the order of John Doe,

at the Mechanics^ Bank, at Augusta, five hundred dollars, for value

received. richard roe.

CD" This Note must be endorsed by John Doe, and one or more responsible endorsers

after him.

05" It has been adjudicated that a Note under seal will remain in date twenty years,

thus

:

$100.One day after date, I promise to pay John Doe, or bearer, one

hundred dollars, for value received. Witness my hand and seal, this

May 1, 1848. richard roe. [l. s.]

BILL OF SALE OF PERSONALS.GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of the county andstate aforesaid, for and in consideration of the sum of one hundreddollars, to me in hand paid, by Richard Roe, of the same place, thereceipt v^hereof I do hereby acknowledge, have granted, bargainedand sold, and by these presents do grant, bargain and sell, unto thesaid Richard Roe, his heirs and assigns, the following property, to wit

:

a certain hay horse, called Bill, seven years old, and fourteen handshigh. To have and to hold the aforesaid bargained property to him,

LEGAL FORMS. 993

the said Richard Roe^ his heirs and assigns, forever. And I, the said

John Doe, for myself, my heirs, executors, and administrators, the said

bargained property unto the said Richard Roe, his heirs and assigns,

against me and my said executors and administrators, and against all

and every other person and persons whatever, shall and will warrantand defend by these presents.

In witness whereof, I have hereunto set my hand and seal, this May1, 1848. JOHN DOE, [l. s.]

Signed, sealed and delivered "^

in presence of '

JAMES M. TAIT. (

JAMES BROWN, J. P. J

BILL OF SALE OF SLAVES.GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of the county andstate aforesaid, for and in consideration of the sum of one thousand

dollars, to me in hand paid by Richard Roe, of the same place, the

receipt whereof I do hereby acknowledge, have granted, bargainedand sold, and by these presents do grant, bargain and sell, unto the

said Richard Roe, his heirs and assigns, the following property to wit

:

a negro fellow named Jaco^, twenty-five years of age, of yellow complex-

ion^vefeet eight inches high, which negro fellow Jacob I warrant to

be^und and well in body and mind, and to be a slave for life. Tohave and to hold the said negro fellow Jacob, to him, the said RichardRoe, his heirs and assigns, forever. And I, the said John Doe, for

myself, my heirs, executors and administrators, the said bargainedproperty unto the said Richard Roe, his heirs and assigns, against meand my executors and administrators, and against all and every other

person and persons whatever, shall and will warrant and defend bythese presents.

In witness whereof, I have hereunto set my hand and seal, this May1, 1848. JOHN DOE, [l. s.]

Signed, sealed and delivered"^

in presence of •.

JAMES M. TAIT. (

JAMES BROWN, J. P. Jinr Bills of sale of slaves, or other personal property, may be recorded like Deeds»

RELEASE.GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of the state and<50unty aforesaid, for and in consideration of the sum of 07ie hundreddollars, to me in hand paid, by Richard Roe, of the same place, have,

and do by these presents, remise, release, and forever discharge, for

me, my heirs, executors, and administrators, of and from all, and all

manner of action and actions, cause and causes of action, suits, debts,

dues, sum and sums of money, accounts, reckonings, bonds, bills,

specialities, covenants, contracts, controversies, agreements, promises,

variances, damages, judgments, executions, claims and demands, of

whatsoever sort, in law and in equity; which against the said Rich-

ard RoC) I ever had, now have, or which I, my executors and adminis-

994 LEGAL FORMS.

trators, hereafter can, shall or may have, for, upon or by reason of

any matter, cause or thing, whatsoever, from the beginning of the

world, to the day of the date of these presents.

In witness whereof, I have hereunto set my hand, and affixed myseal, this May 1, 1848. john doe, [l. s.]

Si^^ned, sealed and delivered"^

in presence of •

JAMES M. TAIT. (


POWER OF ATTORNEY.GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of the county andstate aforesaid, for divers good causes and considerations me hereuntomoving, have made, ordained and appointed, and by these presents

do make, ordain and appoint, Richard Roe, of the said state and coun-

ty, my true and lawful attorney, for me and in my name, and for myown proper use and benefit, to ask, demand, sue for, recover and re-

ceive from Samuel Wright, executor of my father, the late WilliamDoe, for the county of Habersham, in said state, deceased, all such sumor sums of money, debts and demands whatsoever, which may be due, or

coming to mefrom said estate, and to have, use, and take all lawfulways and means in my name or otherwise, and to compound andagree for the same ; and acquittances or other sufficient receipts anddischarges, for the same, for me and in my name, to make, seal anddeliver ; and to do all other lawful acts and things whatsoever, con-

cerning the premises, as fully and in every respect, as I myself mightor could do, were I personally present at the doing thereof. Andforme, and in my name, to bargain, sell, and convey, in fee-simple, and titles

to execute to lot number forty-nine, in the tenth district of Henry county,

containing two hundred two and a half acres, be the same more or less,

and one or more attorneys under him, for the purposes aforesaid, to

make, and again at his pleasure to revoke ; ratifying and confirming,

and by these presents allowing, whatsoever my said attorne}^ shall in

my name do, or cause to be done, in and about the premises, by virtue

of these presents. In witness whereof, I have hereunto set my handand affixed my seal, this May 1, 1848. john doe, [l. s.]

Signed, sealed and acknowl-"^

edged before ns, «

JAMES M. TAIT,(


DEED.GEORGIA, Richmond County.

This Indenture, made \l\i^ firr4 day of May, in the year of our Lord,eighteen hundred and foj^ty-six, between John Doe, of the county andstate aforesaid, of the one part, and Richard Roe, of the same place,of the other part, witnesseth, that the said John Doe, for, and in con-sideration of the sum of one thousand dollars, to him in hand paid, at,

and before the sealing and delivery of these presents, the receiptwhereof is hereby acknowledged, hath granted, bargained, sold andconveyed, and does, by these presents grant, bargain, sell and convey,

LEGAL FORMS. 995

unto the said Richard Roe, his heirs and assigns, all that tract or par-

cel of land situate, lying and being in the tenth district of the countyof Richmond, known and distinguished in the plan of said district bythe rmmbevforty-nine, containing two hundred two and a half acres,

more or less, with all the rights, members and appurtenances there-

unto belonging. To have and to hold the afore described lot of land,

unto him the said Richard Roe, his heirs and assigns, together with all

the rights, members and appurtenances, to the said lot of land in anywise belonging, to his and their own proper use, benefit and behoof,

forever, in fee-simple.

And the said John Doe, for himself, his heirs, executors and admin-istrators, the said bargained premises, together with the right, title

and possession thereof, unto the said Richard Roe, his heirs and as-

signs, will warrant and forever defend the right and title thereof

against themselves, and against the claim of all other persons what-ever.

In testimony whereof, the said John Doe hath hereunto set his handand aflixed his seal, the day and year first above written.

JOHN DOE, [l. s.]

Signed, sealed and delivered'^

in presence of '

JAMES M. TAIT, (

JAMES BROWN, J. P. j[TF Two witnesses are enough to a Deed, and if one of them is a Justice of the Peace,

the Deed will be admitted to record without any other or further probate, but if neither

of the witnesses is a Jusiice, the following is the form of the probate, which is made onthe back of the Deed

:

GEOIiGIA, Richmond County.

Personally came before me James M. Tait, who being duly sworn,

deposeth and saith, that he saw John Doe sign, seal and deliver the

within Deed, for the purposes therein mentioned, and that the depo-

nent subscribed the same as a witness, and saw James Brown do so

likewise. james m. tait.

Sworn and subscribed before^

me, this May 1, 1848, > *

WILLIAM T. EOBB, J. P. )

(nr The Deed must be recorded in twelve months, in the Clerk's Office of the Supe-rior Court, in the county where the land lies, and if it lies on both sides of the division

line, between two counties, it ought to be recorded in both counties.

QUIT-CLAIM DEED.GEORGIA, Richmond County,

This Indenture, made and entered into this f^rst day of May, in the

year of our Lord eighteen hundred wadi forty-one, between John Doe^of the said state and county, of the one part, and Richard Roe, of thesame place, of the other part, witnesseth, that the said John Doe, for,

and in consideration of the sum of five hundred dollars, cash in handpaid, the receipt whereof is hereby acknowledged, hath and doth bythese presents, remise, release, and forever quit-claim to lot of landnumh^Y forty-nine, in the tenth district of Richmond county, containing

two hundred two and a half acres, more or less, with all the riglits,

members and appurtenances to said lot of land, in any wise apper-

996 - LEGAL FORMS.

taining or belonging to the said Richard Roe, his heirs and assigns, to

have and to hold the said, so that neither I, the said John Doe, nor myheirs, nor any other person or persons, claiming under me or them,shall at any time hereafter, by any way or means have, claim or de-

mand any right or title to the aforesaid premises, or its appurtenances,or any part thereof.

In testimony vv^hereof, the said John Doe hath hereunto set his handand affixed his seal, the day and year first above written.

JOHN DOE, [l. s.}


in presence of •

JAMES M. TAIT, (

JAMES BUOWN, J. P. Jirr The same directions as to proving and recording must be observed relative to this

Deed, as were given relative to the preceding one.

MORTGAGE DEED OF REAL PROPERTY.GEORGIA, Richmond County.

This Indenture, made this^r^^ day of Ma^/, in the year of our Lord''

eighteen hundred smd forty-six, between John Doe, of the county andstate aforesaid, of the one part, and Richard Roe, of the same place,

of the other part, witnesseth, that the said John Doe, hath this daymade and delivered to the said Richard Roe, his certain PromissoryNote, subscribed with his hand, and bearing even date with these

presents, whereby the said Johii Doe hath promised to pay the said

Richard Roe, or bearer, one thousand dollars, on or before the twenty-

fifth day of December next ensuing the date hereof, for value received.

Now, for, and in consideration of the sum of five dollars, by the said

Richard Roe to the said John Doe, in hand paid, the receipt whereof is

hereby acknowledged, as well as for the better securing the paymentof the aforesaid Promissory Note, the said John Doe hath granted,

bargained and sold, and doth by these presents grant, bargain, andsell unto the said Richard Roe, his heirs and assigns, all that tract or

parcel of land, situate, Ij^ing and being in the said state and county,

and known and distinguished in the plan of said county, as lot numberforty-nine, in the tenth district, containing two hundred two and a half

acres more or less, with all the rights, members and appurtenances to

the said lot of land, in any wise appertaining or belonging. To haveand to hold the said bargained premises unto the said Richard Roe,

his heirs and assigns, to his and their own proper use, benefit and be-

hoof forever. And the said John Doe, for himself, his heirs, executors

and administrators, the said bargained premises, unto the said RichardRoe, will warrant and forever defend, against the claim of himself andhis heirs, and against the claim of all other persons whatsoever. Pro-vided, nevertheless, that if the said John Doe, his heirs, executors andadministrators, shall, and do well and truly pay, or cause to be paid,

unto the said Richard Roe, his heirs and assigns, the afore mentionedsum of one thousand dollars on the day and time mentioned and ap-pointed for the payment thereof, in the said promissory note mention-ed, with lawful interest for the same, according to the tenor of said

M

LEGAL FORMS. 997

no':e, then and from thenceforth, as well this present indenture, and the

right to the property thereby conveyed, as the said promissory note

.

shall cease, determine and be void, to all intents and purposes. In

testimony v^hereof, the said John Doe hath hereunto set his hand andaffixed his seal, the day and year first above w^ritten.

JOHN DOE, [l. s.]

Signed, sealed and delivered^

in presence of •

JAMES M. TAIT, (


MORTGAGE DEED OF PERSONAL PROPERTY.

NOTE.

8100. On or before the twenty-jifth day of December next, I promiseto pay Richard Roe, or bearer,^fe hundred dollars, for value received,

this May 1, 1848. john doe.

GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of the county andstate aforesaid, for, and in consideration of the sum offive dollars, cashin hand paid, at, and before the sealing and delivery of these presents,

the receipt whereof is hereby acknowledged, as well as for the better

securing the payment of a certain Promissory Note which the said

John Doe hath this day made and delivered to Richard Roe, of the

same place, bearing even date with these presents, and to become dueon the twenty-fifth day of December next, whereby said John Doepromises to pay said Richard Roe, or bearer, ^ye hundred dollars, for

value received. Have bargained and sold to the said Richard Roe the

following property, to wit: a certain negrofellow named Jacob, of yel-

low complexion, twenty-five years of age, five feet ten inches high. Tohave and to hold the aforesaid bargained property, to him the said

Richard Roe, his heirs and assigns, forever. And I, the said John Doe,

for myself, my heirs, executors and administrators, the said bargainedproperty, unto the said Richard Roe, his heirs and assigns, against me,my executors and administrators, and against all and every other

person and persons whatever, shall and will warrant and defend bythese presents. Provided, nevertheless. That if the said John Doe, his

heirs, executors and administrators, shall and do well and truly pay,

or cause to be paid, unto the said Richard Roe, his heirs and assigns,

the aforementioned sum o^five hundred dollars, on the day mentionedand appointed for the payment thereof, in said Promissory note men-tioned, with lawful interest for the same, according to the tenor of said

Note, then, and from thenceforth, as well this Bill of Sale, and theright to the property thereby conveyed, as the said Promissory Note,shall cease, determine and be void, to all intents and purposes. Intestimony whereof, the said John Doe hath hereunto set his hand andaffixed his seal, this May 1, 1848, john doe, [l. s.]


in presence of !

JAMES M. TAIT,{


%.,

998 LEGAL FORMS.

(Cr All Mortgages are required to be recorded in the Clerk's Office of the Superior

Court, within three months from their execution : a Mortgage of land, in the county

where the land lies ; a Mortgage of personal property, in the county in which the Mort-

gager resided at the time of the execution of the Mortgage.

It is best not to include real and personal property in the same Mortgage, because of

the difference in foreclosing.

Mortgages of personal property shall be foreclosed, and execution issue, in the county

where the Mortgager resided at the time of the execution of the same, if a resident ofthis state.—Ac^ of 1839.

DEED OF GIFT OF REAL PROPERTY.GEORGIA, Richmond County.

This Indenture, made this j^r^^ day of May, in the year of our Lord,

eighteen hundred andforty-one, between John Doe of said county andstate, of the one part, and James Doe, grandson of the said John Doe,

of the same place, of the other part, witnesseth, that the said JohnDoe, for, and in consideration of the natural love and affection whichhe has and bears to his said grandson, James Doe, and for and in con-

sideration of the sum of five dollars, cash in hand paid by the said

James Doe, the receipt whereof is hereby acknowledged, have givenand granted, and do, by these presents, give and grant, unto the said

James Doe, his heirs and assigns, all that tract of land, situate, lying

and being in the tenth district of the county of Richmond, known anddistinguished in the plan of said district by the number forty-nine,

containing two hundred two and a half acres, more or less, with all

the rights, members and appurtenances to said lot of land belonging,

or in any way appertaining. To have and to hold the afore described

lot of land unto him, the said James Doe, his heirs and assigns, toge-

ther with all the rights, members and appurtenances to the said lot of

land, in any wise belonging, to his and their own proper use, benefit,

and behoof, forever ; in fee-simple. And the said John Doe, for him-self, his heirs, executors and administrators, the said given and grant-

ed premises, unto the said James Doe, his heirs and assigns, wdll war-rant, and forever defend the right and title thereof against themselves^and against the claim of all other persons whatever.

In testimony whereof, the said John Doe hath hereunto set his handand affixed his seal, the day and year first above written.

JOHN DOE, [l. s.}

Signed, sealed and delivered'\

in presence of !

JAMES M. TAIT, (


DEED OF GIFT OF PERSONAL PROPERTY.GEORGIA, Richmond County.

Know all men by these presents, that I, John Doe, of said state andcounty, for, and in consideration of the natural love and aifectionwhich I have and bear to my grandson, James Doe, of the same place,and for, and in consideration of the sum of five dollars, cash in handpaid by the said James Doe, the receipt whereof is hereby acknowl-edged, do by these presents give and grant unto my said grandson,James Doe^ a certain negro man, named Jacob, twenty-five years of age.

LEGAL FORMS. 999

of yellow complexion, jive feet ten inches high. To have and to hold

the said negro man, Jacob, to him the said James Doe, his heirs andassigns, forever.

In testimony whereof, I have hereunto set my hand and affixed myseal, this May 1, 1848. john doe, [l. s.]

Signed, sealed and delivered"^

in presence of •

JAMES M. TAIT, (


0:^ To make Deeds of Gift, or Grants effectual, the possession of the property mustaccompany the Deed.

WILLS.

0^ There are two kinds of Wills : written and nuncupative or unwritten.

It will be remembered that a Will to convey land must have three or four witnessesor it is void.

Personal property will be conveyed by a Will that has no witness to it, provided the

hand writing of the Testator can be proved.

Care should be taken not to use the words " heirs of the body" in a Will or Deed.Whenever a Testator desires to give a daughter property, free from the disposition of

her husband, the property should be given to her and, her children.

COMMON RECEIPT.


8100.

Received, Perry, May 1, 1841, of Mr. John Doe, one hundreddollars, in full of all demands to this date. richard roe.

EXECUTORS AND ADMINISTRATORS.

0::;^ An Executor derives his authority from the Will, and is sworn to execute the

Will.

An Administrator derives his authority by appointment of the Court of Ordinary, andis sworn to administer the estate according to law.

Executors and administrators must take receipts for all moneys paid out by them of

whatever nature the demand may be ; if it is an account, it should be sworn to andreceipted.

By the Act of 1838, executors and administrators must allow out of the estate areasonable support for the family, for twelve months, from the death of the testator or

intestate, notwithstanding any debts, dues or obligations of the deceased.

The first act of an Administrator, after qualification, is to apply to the Court of Ordi-

nary, for the appointment of appraisers of the estate, to whom he must produce all the

property of the estate that he knows of, which belonged to the deceased.

He must next publish a notice to Debtors and Creditors, for six weeks.


ADMINISTRATOR'S NOTICE.

All persons indebted to the estate of the late John Doe, deceased,

of said county, are hereby requested to make immediate payment.And all persons having demands against said deceased, will renderthem in, agreeable to law, to

May 1, 1848. Richard roe, Adm'r.

1000 LEGAL FORMS.

Ot^ The appraisement and inventory of the estate must be made within sixty days

after quahfication, and returned to the Clerk's Office of the Court or Ordinary, within

three months.

0;^ The sale of personal property (except negroes) by an Administrator, must be

published/or^y days.


ADMINISTRATOR'S SALE.On the fifteenth day of June next, will be sold at the residence of

the late John Doe^ deceased, a portion of the personal property of said

deceased, consisting of one Black Horse, one Bay Horse, one GrayHorse, one Red Cow, one Road Wagon, six Plough Hoes, five Club Axes,^wdifour pairs Trace Chains. Terms of the sale: Purchasers will berequired to give notes due first January next, with good personal se-

curity. MftZ/ 1, 1848. RICHARD ROE Adm'r.

0:^?" If the Administrator desires to continue the sale from day to day, it must so be

mentioned in the Advertisement.

0:^ If an Administrator wishes to sell land, he must first publish a notice forfourmonths.


ADMINISTRATOR'S NOTICE.

Four months after date application will be made to the honorableInferior Court of said county, when sitting for Ordi lary purposes, for

leave to sell the real estate of John Doe, deceased, lying in said coun-

ty. May 1,1848. RICHARD roe, Adm'r.

Cc^ At the expiration of the notice, the court must be moved for an Order for leave to

sell ; then this publication must be made for sixty days.


ADMINISTRATOR'S SALE.

By virtue of an order of the honorable Inferior Court, of said coun-

ty, when sitting for ordinary purposes, wdll be sold at the Court Housedoor of said county, on the first Tuesday in July next, between the

lawful hours of sale, lot of land number /or^?/-?2me, in the tenth district

of said county, containing two hundred two and a half acres ; the lot

is well improved, and House, Fences, &c. in good repair.

Terms of Sale : The purchaser will be required to give notes in

sums not exceeding thirty dollars, with good personal security, due onthe first day of January next. Sold as the property of the late JohnDoe, dec'd, for the purposes of distribution among the distributees.

ilia?/ 1, 1848. RICHARD ROE, Adm'r.

• 0:5" If ^^ Administrator desires to sell slaves, he must give each distributee written

notice twenty days previous to making application to the Court of Ordinary for leave to

do so.

RECEIPT FOR A LEGACY.GEORGIA, Richmond County.

Received, July 3, 1848, of Richard Roe, executor of the last Willand Testament of John Doe, deceased, the sum of one hundred dollars,

in full of a pecuniary legacy, bequeathed to me in and by the last Willand Testament of the said John Doe, deceased. james doe.

LEGAL FORMS. 1001

ADMINISTRATOR'S DEED.


Whereas, John Doe, of said county, administrator of Richard Roe,

late of said county, deceased, did, on the first day of January, in the

year of our Lord, eighteen hundred and /or^y, commence the publica-

tion of a notice, in the Macon Messenger, to all concerned, that at the

expiration of four months from that date, said/o^/i Doe, administrator,

as aforesaid, would apply to the honorable Inferior Court of Richmondcounty, when sitting for ordinary purposes, for leave to sell lot of landnvimhev forty-nine, in the tenth district of Richmond county, a part ofthe real estate of said deceased. And, whereas, there being no ob-

jection made to said application, the said court did, on the first day ofMay, in the year of our Lord eighteen hundred srnd forty, pass anorder, granting leave to said John Doe, administrator as aforesaid, to

sell said lot of land. And, whereas, in pursuance of said order, andafter the publication of the notice of sale in the Macon Messenger for

sixty days, said John Doe, administrator as aforesaid, did, on the first

Tuesday in August, in the year of our Lord eighteen hundred andforty, at the court house door, at Perry, in said county, between thelawful hours of sale, put up at public outcry, said lot of land. And,whereas, William Dodd, of said county, being the highest and best

bidder, said lot of land was knocked off to him, at, and for the sum ofone thousand, dollars. Now this Indenture, made and entered into this

fifth day of August, in the year of our Lord eighteen hundred andforty, between John Doe, administrator of the estate of Richard Roe,

late of said county, deceased, of said county, of the one part, and Wil-liam Dodd, of said state and county, of the other part, witnesseth, that

for and in consideration of the sum of one thousand dollars, cash in

hand, paid by the said William Dodd, the receipt whereof is herebyacknowledged, the said John Doe, administrator as aforesaid, doth bythese presents, bargain, sell, alien and convey, as far as his authority

as administrator, as aforesaid, will warrant him, unto the said Wil-liam Dodd, all that tract of land, situate, lying and being in the tenth

district of Richmond county, known and distinguished in the plan ofsaid district by the numberybr^?/-nme, containing two hundred twoand a half acres, agreeable to original survey, be the same more or

less, with all the rights, members and appurtenances, to said lot of

land, in any wise appertaining or belonging. To have, and to hold

the said lot of land, with all its appurtenances, unto him, the said

William Dodd, his heirs, executors and administrators, forever, in fee-

simple. And the said John Doe, administrator as aforesaid, the right

and title of said lot of land, and its appurtenances, unto him, the said

William Dodd, his heirs, executors and administrators, will warrantand defend against himself, his heirs, executors and administrators,

and against all other persons whatever.In testimony whereof, the said John Doe, administrator as aforesaid,

hath hereunto set his hand and affixed his seal, the day and year first

above written. john doe, [l. s.]

Administrator of Richard Roe, dec'd.

Signed, sealed and delive^ed"^

in presence of '.

JAMES M. TAIT, (


1002 LEGAL FORMS.

EXECUTOR'S DEED.GEORGIA, Richmond County.

Pursuant to the last Will and Testament of John Dos, late of said

county, deceased, after public notice for sixty days, made in the Ma-con (Georgia) Telegraph, on the first Tuesday in April, eighteen hun-dred ?ind forty-one, Richard Roe, executor of the last Will and Testa-

ment of said John Boe, deceased, at Perry, in said county, did put upand expose to sale, jTor ready money, lot of land number ybr^?/-nme, in

the tenth district of said county, containing two hundred two and ahalf acres, more or less, when James Wall, being the highest and best

bidder, said lot of land was knocked off to him, at, and for the price of

one thousand dollars. Now, therefore, this Indenture, made and enter-

ed into thisfourth day of April, in the year of our Lord eighteen hun-dred SiYid forty-one, between Richard Roe, executor of the last Willand Testament of John Doe, late of said county, deceased, of said state

and county, of the one part, and James Wall, of the same place, of the

other part, witnesseth. That for and in consideration of the sum of onethousand dollars, cash in hand paid, at and before the sealing and de-

livery of these presents, the receipt whereof is hereby acknowledged,the said Richard Roe, executor as aforesaid, hath and doth by these

presents, grant, bargain, sell and convey, unto the said James Wall,all that lot of land, situate, lying and being in the tenth district ofRichmond county, known in the plan of said district by the numberforty-nine, containing two hundred two and a half acres, more or less,

with all the rights, members and appurtenances to said lot of land in

any wise appertaining or belonging. To have and to hold the said

lot of land, unto him, the said James Wall, his heirs, executors, admin-istrators and assigns, forever, in fee-simple. And the said RichardRoe, executor as aforesaid, the right and title of said lot of land, will

forever warrant and defend, against himself, and against all other

persons whatever, so far as the office of executor authorizes him.In testimony whereof, the said Richard Roe, executor as aforesaid,

hath hereunto set his hand and affixed his seal, the day and year first

above written. richard roe.Executor oj John Uoe, dec^d.

Signed, sealed and delivered

^

in presence of

JAMES M. TAIT, (


LEGAL FORMS. 1003

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1004 LEGAL FORMS.

0^ Annual returns of Executors and Administrators must be made to the Clerk of

the Court of Ordinary, in vacation : must include monied transactions up to the last

day'of December, of the year preceding—on failure to make the return as required, Exe-

cutors and Administrators forfeit their commissions.

A receipt iw/mZZ given by an heir, legatee or ward, to an Executor, Administrator, or

Guardian, must be attested by two witnesses, one of whom must be a Justice of the Peace,

Justice of the Inferior Court or Judge of the Superior Court, and recorded in the Clerk's

office of the Superior Court.

RECEIPT IN FULL—BY AN HEIR, &c.


Received, May 1, 1848, of Mr. Richard Roe, Executor of Mr. John

Doe, late of said county, deceased, one thousand dollars, in full andcomplete satisfaction of all my right, title or interest, in and upon the

estate, real and personal, o{ myfather, the said John Doe, deceased.

In testimony whereof, I have hereunto set my hand and affixed myseal, the day and year above written. james doe, )

^^ ^^Son of John Doe, dec'd. )


in presence of

JAMES M. TAIT, (


BOND FOR TITLES TO LAND.


Know all men by these presents, that I, John Doe, am held and firmly

bound unto Richard Roe, his heirs, executors and administrators, in

the just and full sum of one thousand dollars, for the true payment ofwhich I bind myself, my heirs, executors and administrators, jointly

and severally, firmly by these presents. Sealed with my seal, anddated this ikf6/?/ 1, 1848.

The condition of the above and foregoing obligation is such, that

whereas said Richard Roe has made and delivered to said John Doehis certain promissory note, bearing even date with these presents, for

the sum office hundred dollars, due on the first day of January next

;

now should the said Richard Roe well and truly pay the said promis-sory note, then the said John Doe is to make, or cause to be made, to

the said Richard Roe, good and sufficient titles, in fee-simple, to andfor lot of land number forty-nine, in the tenth district of Richmondcounty, containing two hundred two and a half acres, more or less,

with all the rights, members and appurtenances to said lot of land in

any way appertaining or belonging, which, if the said John Doe shoulddo, then this bond to be null and void, otherwise to remain in full force

and virtue. john doe, [l. s.]

Test

JAMES BROWN, ..,.!

t...

LEGAL FORMS. 1005

FORTHCOMING BOND.


Know all men by these presents, that we, John Doe and WilliamSill, both of said county, are held and firmly bound to Samuel T.

Gripp, Sheriff of said county, in the jast and full sum of one thousanddollars, for the true payment of which we bind ourselves, our heirs,

executors and administrators, jointly and severally, firmly by these

presents. Sealed with our seals, and dated this Mai/ 1, 1848.

The condition of the above obligation is this, that whereas said

Samuel T. Gripp, Sheriff of said county, has this day levied a writ of

fierifacias, in favor of Richard Roe, against John Doe, issued from the

Superior Court of said county, for the sum offive hundred dollars, on acertain negro fellow named Jacob, about twentyfive years of age, and ofyellow complexion, which negro fellow has been advertised to be sold onthe first Tuesday in July next, to satisfy ^nXdifi.fa. : Now, should said

John Doe well and truly deliver said negro fellow Jacob to said SamuelT. Gripp, Sheriff, on the day of sale, or at any other time, when hemay be required to do so, then the above obligation to be void, else of

force. JOHN noE, [l. s.]

WILLIAM SILL, [l. S.]

Test,^

JAMES BROWN, J. P. /

0::^ It is discretionary with the levying officer whether he takes a forthcoming bondfoi property levied on w\\hji.fa. or not. Such bond has nothing to do with the plaintiff's

Interest or rights.

DEED OF TRUST.


This Indenture, made and entered into this^r^^ day of May, in the

year of our Lord eighteen hundred and forty-one, between John Doe,

of said state and county, of the one part, and Richard Roe, of the sameplace, of the other part, witnesseth, that the said John Doe, for and in

consideration of the sum offive dollars, cash in hand paid, the receipt

whereof is hereby acknowledged, as well as in consideration of the

natural love and affection which he has and bears to his daughter,

Mary Thomas, wife of Robert Thomas, of said state and county, hathand doth, by these presents, bargain, sell and convey unto the said

Richard Roe, for the use, benefit and advantage, and in trust for the

said Mai^y Thomas, the children she now has, and those she may have,

by her present or a future husband, all that tract or parcel of land,

situate, lying and being in the tenth district of the county of Rich-

mond, and known in said district by the nvimbQY forty-nine, containing

two hundred two and a half acres, more or less, with all the rights,

privileges and appurtenances to said lot of land in any wise apper-

taining or belonging. And also a mgro fellow named Jacob, about

twentyfive years of age, five feet six inches high, and his wife Peggyf

about twenty years of age,fivefeet high.

1006 LEGAL FORMS.

To have and to hold the above described property unto him, the

said Richard Roe, in trust for the said Mary Thomas, wife of said

Robert Thomas, and her children, forever, free from the debts, liabili-

ties or control of her present, or a future husband.In testimony whereof, the said John Doe hath hereunto set his hand

and affixed his seal, the day and year first above written.

JOHN DOE, [l. s.]


in presence of •

JAMES M. TAIT, fJAMES BROWN, J. P. J

.fc. '

DATE DUE

r-/-. r-»

Fi.a L IBKAR^

USE OHIY/ J« ^<«Qg

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DEMCO 38-2 97 "'

^6 3 I979i

XON.

*• *.

GWirW HUXLEY NIXON,

* **-^

FOR LIBRARY

USE ONLY.

RBKFG301848

C.2Georgia. Laws_, statutes^ etc.A codification of the statute law

of Georgia. 2d ed.

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