Commission mies. publie, and Sec. IV. [Repeals the former act on this subject. Vol. I. 377.] An Act to vest the appointment of [offices named in the act] in certain persons therein mentioned.-Passed December 18, 1816. Vol. III. 1072. Whereas the present mode of appointing the aforesaid officers is very inconvenient, and occasions an unnecessary consumption of the time of the legislature ; 18. Be it enacted, &c. That from and after the passing of this act, ens of acade- the appointment of commissioners of academies in this state, shall be and is hereby vested in the commissioners of the respective acadeVendue mas- mies; the appointment of vendue masters, notaries public, and lumters, notaries ber measurers, shall be and is hereby vested in the commissioners of Tumber mea- the respective incorporated towns, or the persons in said towns in whom to be whom the corporate powers are vested; and where there is no corporation or commissioners, the appointment of the said vendue masters, notaries public, and lumber measurers, shall be made by the inferior courts of the respective counties, whenever such officers are deemed necessary and authorized by law. surers, by appointed. Proviso. Clerks may, like sheriff's, ties. Whose 19. Sec. II. Nothing contained in this act shall authorize the appointment of an additional number of any of the said officers than is at present allowed by law; nor shall any thing contained in this act vacate any appointments which have been heretofore made, or which may be made during the present session of the legislature. An Act to allow Clerks to appoint Deputies.-Passed December 19, 1817. Vol. III. 159. Whereas considerable inconvenience arises to the good citizens of this state, in consequence of the non-appointment of deputies by the clerks of the superior, inferior, and corporation courts, and the courts of ordinary of this state; for remedy whereof, 20. Be it enacted, &c. That immediately from and after the passappoint depu- ing of this act, the said clerks shall be allowed to appoint a deputy or deputies, in the same manner and under the same rules and regulations as deputies of sheriffs are now by law appointed, who may continue in office during the term of his or their said principal or principals, unless specially removed : Provided always, that in case of the death, resignation, or disability of the said principal clerk or that of the clerks, the power and authority of the said deputy or deputies shall cease and determine : And that the said several principal clerks shall, in all cases, be responsible for the acts of each and every of their said deputies and agents. power shall cease with principal. Vacancies of clerks and sheriff's may the justices An Act to alter and amend the forty-seventh section of the Judiciary 21. Sec. I. When the sheriff's, clerk of the superior court, or clerk of the inferior court's office in any county shall be vacated by be filled by death, resignation, or otherwise, the justices of the inferior court, or a majority of them, shall immediately meet at the court-house in the county where such vacancy may happen, and proceed to fill said. vacancy by appointing a fit and proper person, who shall give bond and security in the usual amount, and in the usual form, and take the of the inferior court. in office. usual oath, and such person shall be liable for the duties of sheriff in the county for which he was appointed; and such person shall Continuance continue in office, unless otherwise specially removed, until a successor is elected and qualified.* An Act to carry into effect the 4th and 5th sections of the 3d article of the Constitution of the State of Georgia.-Passed December 21, 1819. Vol. III. 393. the inferior every four 22. Sec. I. There shall be five justices of the inferior court in Justices of and for each county in this state, who shall be elected on the third court electiv Tuesday in October, in the year of our Lord 1821, who shall be by the people commissioned, and hold their respective offices until the first Monday years. in January, in the year of our Lord 1825, and until their successors shall be elected and qualified; on which said first Monday in January, 1825, the justices of the inferior courts shall be again elected, and from thence on the first Monday in January in every fourth year thereafter, by the electors entitled to vote for members of the general assembly; which elections shall be held and conducted in the same manner as pointed out by law for the election of clerks and sheriffs; and the persons so elected shall be commissioned by the governor, and continue in office for the term of four years, and until their successors are elected and qualified, unless removed by impeachment for malpractice in office, or by the governor on the address of two-thirds of both branches of the general assembly; and filled in the when any vacancy shall happen, by death, resignation, or otherwise, of any of the justices of the inferior court, it shall be the duty of two or more of the justices of the inferior court, or justices of the peace, of the county in which such vacancy or vacancies shall happen, ta give at least twenty days notice, by advertisement at three or more public places in such county, previous to the election, to fill such vacancy or vacancies; which election shall be held and conducted in the same manner as by this act expressed. my How removable. Vacancies same man ner. the peace voters of the superintend 23. Sec. II. There shall be two justices of the peace in each Justices of captain's district in the several counties of this state, who shall be shall be electelected on the first Saturday in January, 1821, and on the first Sa-ed by the turday in January every fourth year thereafter, by the citizens of the district. district to which they respectively belong entitled to vote for members of the general assembly; which elections shall be superintended Election, how by three freeholders of the district, whose duty it shall be to take ed the following oath, to be administered by the captain or commanding officer of said district, or any magistrate of the county, (to wit:) “I, A. B. do solemnly swear, that I will, to the best of abilities, superintend the election of justices of the peace for this district: So help me God." And said freeholders shall transmit a return of said election, within twenty days, to his excellency the governor, who is hereby authorized to commission the person or persons so elected accordingly; and the said justices of the peace shall hold their appointments during the term of four years, and until their Term of ofsuccessors are elected and qualified, unless they shall be removed How remov by conviction on indictment in the superior court for malpractice in office, or for any felonious or infamous crime, or by the governor on the address of two-thirds of each branch of the general assembly; and when any vacancy or vacancies shall happen, by death, re- Vacancies it election. signation, or otherwise, of any justice or justices of the peace, shall be the duty of one justice of the peace, and two freeholders, For the 2d sec. see Executors and Administrators, 76, fice, 4 years. able. filled by Proviso. Where elections of each beld. which said freeholders, previous to holding said election, shall take the oath above prescribed, to advertise in three of the most public places in the district where such vacancy or vacancies may happen, the time of holding an election for the purpose of filling such vacancy or vacancies, and give at least fifteen days notice of the time and place when such election shall be held; and it shall be the duty of the said justice and freeholders to superintend such election, and certify the same under their hands to his excellency the governor, who shall, within ten days after receiving the same, commission the person or persons having the highest number of votes: Provided the election is not contested. 24. Sec. III. All elections for justices of the inferior court shall kind shall be be holden at the place of holding the superior courts in the respective counties; and all elections for justices of the peace shall be holden at the usual place of holding the justices' courts in the respective company districts. Vacancies filled only until the end 25. Sec. IV. Where any person or persons shall be elected to fill the vacany of any justice of the inferior court, or justice of the of the term. peace, the person so elected and commissioned shall continue in office only for the time for which their predecessors were elected. Inferior courts to erect and keep in re pair court houses and jalls. COURT-HOUSES AND JAILS.-1796. An Act for building and keeping in repair the Court-Houses and Jails in the respective counties within this state, and for the support of the Poor.-Passed February 21, 1796. Vol. I. 171. 1. Sec. I. From and after the passing of this act, the justices of the inferior courts of every county within this state, in their respective counties, shall cause to be erected and kept in good repair, (or where the same shall be already built,) shall maintain and keep in good repair, at the charge of such county, one good and convenient court-house of stone, brick, or timber, and one sufficient jail, with the necessary apartments for the safe keeping of criminals and debtors, well secured with iron bars, bolts, and locks; and shall cause to Pillories, &c. be erected contiguous thereto, one pillory, whipping-post, and stocks. Shall superintend the and conduct sue execu taining coun- 2. Sec. II. The inferior courts in each county shall have full state of jails power and authority at all times to inquire into the conduct of jailers, of jailers. and the state of jails in their respective counties, and on neglect of duty to cause such jailers to be removed, by an order to the sheriff And shall is for that purpose; and the said courts shall have full power and autions against thority to call on all persons, their heirs, executors, or administrapersons de- tors, in their respective counties, who have had, or may have county moneys in their hands, collected for the express purpose of building court-houses and jails, or for any other county purposes whatever ; and in case of neglect or refusal to pay the same, the said court shall and are hereby required to cause executions to be issued for the full amount appearing to be due,* in the same manner as the treasurer is authorized by law to issue executions against the defaulting collectors of taxes in the different counties; and such moneys, when collected, may be applied by such court to the uses and purposes of building and repairing court-houses and jails. * And see Tax, sec. 75, and county funds and records, 7. county tax 3. Sec. III. And to enable the justices of the inferior courts to May levy a carry the intention of this act fully into effect: Be it further enacted, for county That the said county courts be, and they are hereby authorized and purposes. empowered to levy a tax on their respective counties, which tax it shall be the duty of the collector of the general tax to collect and How colleetpay into the hands of the clerks of such courts, he first giving bond ed. with approved security to such court for the faithful collection and payment of the said tax, at any time he shall or may be required by the said courts so to do: Provided always, that the tax to be levied Not to exby such courts as aforesaid, shall not exceed one-fourth part of the fourth of the general tax, which said moneys so assessed and collected as afore- general tax. said shall be subject to the order of the county courts, one half to be applied to the uses and purposes aforesaid, and the other half to the support of the poor and building bridges; and the collectors shall be allowed the same commissions and fees for such collection as is allowed by law for the collection of the general tax, and shall be liable to the same fines and forfeitures, for any default, neglect, or improper conduct which said fines and forfeitures may be imposed by the county court of each county, at their discretion. ceed oue moneys ari. sing from trays appro 4. Sec. IV. All moneys that now are, or may hereafter come into All fines and the hands of the clerks of the superior or inferior courts, by fines or forfeitures, and all money arising from the sale of estrays, are here- sales of esby made liable and subject to the draught, or order of the several priated to county courts, to be appropriated and applied as aforesaid, either in the the same parbuilding or repairing court-houses and jails, or to the support of the poor and building bridges, at the discretion of such courts. pose. county taxes Sec. V. [Relates to the county of Bryan-local and temporary.] 5. Sec. VI. All laws, or parts of laws, clause or clauses hereto- All former laws laying fore made, or such part thereof as authorize the county courts of this state to levy a tax for county purposes, be, and the same are hereby repealed. repealed. Provided, that nothing in this act contained shall extend or be Proviso. construed to extend to have operation in the county of Chatham, so as to Chatham repeal or affect any law appointing the mayor, aldermen of the city of Sa- county. vannah, commissioners of the court-house and jail in the said county. DIVORCES.--1802. An Act to carry into Effect the Ninth Section of the Third Article of the Whereas marriage being among the most solemn and important contracts in society, has been regulated in all civilized nations by positive systems: And whereas, circumstances may require a dissolution of contracts, founded on the most binding and sacred obligations which the human mind has been capable of devising, and such circumstances may combine to render necessary the dissolution of the contract of marriage, which dissolution ought not to be dependant on private will, but should require legislative interposition, inasmuch as the republic is deeply interested in the private happiness of its citizens: And whereas, the constitution of this state declares,-[reciting the 9th sec. of the 3d article, see Appendix, sec. 144.] And doubts being entertained by the judges of the superior courts of this state, with respect to their powers of deciding upon applications for divorce, before the general assembly have legislated upon the said section of the third article of the constitution: For the purpose of obviating said doubts, Mauner of a suit for dí voree. and of carrying into effect the said section of the constitution, therefore, Sec. I. Be it enacted, &c. [Directs that all divorces shall be a vinculo matrimonii.-Repealed, see sec. 6.] 1. Sec. II. The proceedings on divorce shall be by petition to commencing the court, which petition shall plainly and fully state the cause or causes of the application for such divorce, to which petition the clerk shall annex a citation signed by such clerk, and bearing test in the name of the judge having cognizance of the case, directed to the sheriff, citing or requiring the defendant to appear at the court to which the same is made returnable, thirty days before the sitting of the court, by serving a copy of such petition and citation on the defendant, or by leaving a copy at his or her most notorious place of abode. Manner of 2. Sec. III. The following proceeding shall be observed by the defending it. defendant, to wit: The defendant shall appear at the court to which the petition and citation are made returnable, and on or before the last day of the court, shall make his or her answer or defensive allegation in writing, signed by the party making the same, or his or her attorney, which may extenuate, deny, or contain as much matter, or as many circumstances, in his or her defence, as the said defendant may think necessary and proper therein. Judgment by default. Form of the verdict. What to be 3. Sec. IV. Where the said defendant shall fail to appear as aforesaid, the court shall proceed to give judgment by default, which shall be inquired of as the law directs, and has heretofore been the custom and practice of courts as in cases of default. 46 4. Sec. V. The verdict of the jury, which by the aforesaid section of the constitution must in its nature be interlocutory, not definitive, shall be in the form and words following, to wit: We find that sufficient proofs have been referred to our consideration to authorize a total divorce, that is to say, a divorce a vinculo matrimonii upon legal principles between the parties in this case;' "* a certified copy of which verdict, signed by the clerk of the court at which the said verdict shall have been obtained, together with the records appertaining to the same, shall be and is hereby considered as a full compliance with the aforesaid section of the third article of the constitution. 5. Sec. VI. When any persons shall be out of the limits of this done where state, that have complaint alleged against them by virtue of this act, the resides out of judge presiding may make a rule of court to compel their attendance, or proceed to trial in case of default. the defendant the state. Divorces to be absolute OF conditional. The special jury to inquire into An Act to amend the foregoing.-Passed December 5, 1806. Vol. II. 312. 6. Sec. I. The divorces recognized by this act shall be absolute, and totally dissolve the marriage contract, or conditional, and only separate the parties from bed and board, and provide for separate maintenance and support of the parties, and their issue. 7. Sec. II. All cases of divorce which shall come before the superior court, shall be tried by a special jury, who shall inquire the situation into the situation of the parties before their intermarriage, and of the parties also at the time of trial, and in all cases where they shall determine riage in con- in favour of a conditional divorce, they shall by their verdict or decree, make provision out of the property of which the husband before mar ditional di Yorces. But see sec. 6 and 7. |