An Act to legalize a certain description of Grants which have heretofore or may hereafter be issued by the proper authority in this state.-Passed December 6, 1813. Vol. III. 408. Whereas it has so happened in the course of Divine Providence, that a number of persons after having performed valuable services to the state, and were entitled to bounties of lands for their services, have departed this life before grants were issued for the same; And whereas several persons since drawing lands in the late land lottery, have died before the issuing of grants for the land; And whereas a number of grants have been issued by the governor of this state, to persons after death, and as doubts exist as to the validity of such grants; issue after the grantee is 14. Sec. I. Be it enacted, &c. That all grants which have or may Grants may be issued by the governor of this state to persons who have been or may be dead before the issuing or signing of the same, shall be deem- dead, ed, held, and considered as valid and legal in law, as if the said grantee or grantees had been alive at the time of the issuing and signing of said grant or grants, and as such submitted to the jury; any law, usage, or custom to the contrary notwithstanding. married. 15. Sec. II. All grants which have been or may be issued by the or has intergovernor of this state to females who have intermarried, or may hereafter intermarry previous to the issuing and signing of the same, shall be deemed, held, and considered as valid and legal in law, as if the said grantee or grantees had remained unmarried at the time of issuing and signing said grant or grants, and as such submitted to the jury, any law to the contrary notwithstanding;* Provided, nothing in this act contained, shall be so construed as to authorize the admission of any grant or grants in courts issued for lands on the south side of the Oconee river prior to the late land lotteries. An Act to legalize the Proceedings of the Superior and Inferior Courts of the respective Counties of this State, and to render valid the Acts of the Public Officers of the same.-Passed December 18, 1816. Vol. III. 154. taken the constitution cial acts 16. Sec. I. The judicial proceedings of the superior and inferior Not having courts, of the several counties in this state, as well as the acts of the oath to the sheriffs, clerks, and other public officers of the said several courts, const invalishall be and they are hereby declared to be efficient, legal, valid, and date any offi binding; notwithstanding any judge of the said superior courts, jus- heretofore. tice, or justices of the inferior courts, sheriff or sheriffs, clerk or clerks of any of the said several counties, hath or have not taken and subscribed the oath directed to be taken and subscribed in the act, entitled an act to compel all officers, civil and military within this state, to take and subscribe an oath to support the constitution thereof, passed the 16th day of February, 1799.† 17. Sec. II. This act shall extend to, and have the effect of le- This omisgalizing and rendering valid all past proceedings and acts of said sion is not to courts and officers, as well as all other proceedings and acts of said any of their As to grants without plats, and plats not recorded, see Land, sec. 89, 90. The IVth section of this act repeals the law of 1799; and the IIId supplies its place with another of nearly a similar import [See County Officers, sec. 17.] The several acts healing omissions and giving further time to take the oath under the old law [Vol. I. 378, 379. Vol. II, 673. Vol. III. 153.] being all superseded by this and the next section, are of course omitted. invalidate future acts. 148 Evidence in certain cri down, and in courts and officers, which may take place, and be had, from and after the passing of this act. An Act to provide for the taking and recording of the Evidence given 18. Sec. I. From and after the passage of this act, it shall be the minal cases duty of the judges of the superior courts, presiding in any of the to be taken cases aforesaid, to take, or cause to be taken down in writing, a mecase of con- morandum of the testimony of all witnesses who may testify in said be recorded, cases, which said memorandum taken as aforesaid, in the event of conviction, and sentence of the party charged, shall be approved by the court, and ordered to be recorded. viction, shall and be sent with petitions for pardon or reprieve. All laws and resolutions, authority, 19. Sec. II. In all cases of application for pardon or reprieve, a certified of such evidence shall accompany such application. copy An Act to regulate the admission of Evidence in certain cases in the several Courts of Law and Equity in this State, and to provide for the recording of conveyances of personal property.-Passed December 21, 1819. Vol. III. 300. 20. Sec. I. All laws and resolutions, as published by authority, published by shall be held, deemed, and considered public laws and resolutions; shall be pub- and the several courts of law and equity of this state, shall take notice thereof as such, any law, usage, or custom to the contrary notwithnoticed by standing. lic laws, so far as to be the courts. The attestation of any officer in the state to the paper of re copy of any cord, or of file, shall make it evi dence: Provided the original is accounted for. Conveyances of personal 21. Sec. II. The certificate or attestation of any public officer, either of the state, or of any county thereof, shall give sufficient validity or authenticity to any copy or transcript of any record, document, or paper of file, in the respective offices under their control or management, or to which they may be lawfully attached, to admit the same as evidence, before any court of law or equity in this state: Provided nevertheless, that nothing herein contained shall be so construed as to prevent any of the judges of the superior or inferior courts to require the original, or that it be accounted for. 22. Sec. III. All conveyances of personal property duly exeproperty may cuted, and bearing date after the passage of this act, may be recorded, be recorded. and shall be admitted as evidence, under the same rules and regulations as govern in cases of real property. The justices of the inferior court of any county may at any time cause to be transcribed at the county expense, all or any part of the county records into new books, which transcripts shall be legal evidence. Acts of 1820. 67. LOCAL ACTS. Chatham.-All documents bearing the attestation of Thomas Bourke, as clerk of the court of Ordinary since the 4th May, 1807, until 1st June, 1808, unless Edward White should be sooner reinstated in his office. Vol. II. 437. Twiggs. All acts of Archibald Mc Intire, late clerk of the superior court, Vol. II. 628. All acts of the sheriff of Twiggs and Wilkinson after taking the oath, and before recording the same, made valid. Vol. III. 143. Jackson.-All writings enrolled Or certificates signed Edward Adams for George Taylor, who was clerk of the superior court of Jackson, or Edward Adams for William Penticost, the clerk of the inferior court of Jackson. Vol. III. 288. Franklin. James Gray, James Smith, and William Malone for John Smith, clerk of superior court James Gray and James Smith for David Cleveland 1 clerk of the Inferior court; and Hansly Paine for Frederick Beal, clerk of the court of ordinary.-Ibid. Clark.-John H. Fannin and Varner, Sterling Elder, David Meredith, Reuben Hill, Joseph Hopkins, William Brown, and James Harper, for Bedford Brown, clerk of the superior court; and John Smith, for Gabriel Hubert, clerk of inferior court.-Ibid. Wilkinson-[See Twiggs.] Wayne-All acts of Angus McDonald, as deputy clerk of the superior court up to 1st Nov. 1813. Vol. III. 147. Jasper-All acts of the late sheriff before his oath and bond were entered on the minutes. Vol.III. 157. Columbia.-Acts of the deputies and agents of the clerks of the superior, inferior, and ordniary courts at any time previous. Vol. III. 160. Burke-Certain deeds for lots in Waynesborough made by commissioners of the town or trustees of the academy made valid. Vol. III. 954. Explained 956. Putnam-Certain unsealed mortgages belonging to the Union Academy made valid. Vol. III. 1. Act of Congress of May 26, 1790. 1 Gray. Digest, 272. Sec. I. The acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto The records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said Records are, or shall be taken. Act of Congress of March 27, 1804. Sec 2 Gray. Digest, 180. Sec. I. From and after the passage of this act, all records and exemplifications of office books, which are or may be kept in any public office of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of the said records or books, and the seal of his office thereunto annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary, of the said court, who shall certify under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or if the said certificate be given by the governor, the secretary of state, the chancellor or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the same records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken. EXECUTORS AND ADMINISTRATORS, COURTS OF ORDINARY, GUARDIANS, ORPHANS, POOR, MARRIAGE LICENSES, IDIOTS, LUNATICS, &c.—1764. An Act to direct Executors and Administrators, in the manner and method of returning Inventories and Accounts of their Testators and Intestates Estates, and for allowing them and all other persons who shall or may be entrusted with the care and management of Minors, and other estates, to charge commissions thereon.—Passed February 29, 1764. Vol. I. 213. Whereas, for preventing any fraudulent disposition or embezzlement of the estates of persons deceased, it is highly expedient that Duty of executors and tors. of the de ceased. To be ap in 60 days. executors and administrators should be obliged to render true and perfect inventories and appraisements of the estates and effects of their testators and intestates come to their hands and possession : And whereas, it is also fit and reasonable, that, as well executors and administrators, as all guardians and trustees, shall have an allowance for their trouble and care in the management of the estates committed to their trust : 1. Sec. I. Be it enacted, &c. That from and after the passing of administra- this act, all and every executor and administrator, who shall before the ordinary* of this province, for the time being, or such person as he shall depute or appoint, qualify him, her, or themselves, for the administration of the estate and effects of his, her, or their testator or intestate, shall, upon oath, be bound to produce and show to the appraisers that shall be appointed by the ordinary for that purShall produce pose, or any three or more of them, all and singular the goods and all the goods chattels of his, her, or their testator or intestate, as have or shall come into his, her, or their, or either of their hands, possession, or knowledge; and within sixty days after such his, her, or their qualipraised with- fication, shall cause to be made a true and just appraisement, upon oath, of all and singular the goods and chattels aforesaid, and exhibit, or cause to be exhibited the said appraisement, certified under the hands of any three or more of the appraisers aforesaid, within fourt months after such his, her, or their qualification, together with a full and perfect inventory of all and singular the rights and credits of the said testator or intestate, whether the same be in ready money, judg of account, ments, bonds, or other specialties, or notes of hand, together with a list or schedule of the books of account of such testator, to which books all parties concerned shall, upon request, and at convenient made charge- times, have free access; and every such executor and administrator able with the shall be, and they are hereby made chargeable with the real value of goods and the goods and chattels in the said inventory contained, and with so debts collect much of the credits only as he, she, or they, after due care and proper diligence, shall recover and receive, in like manner as executors and administrators are made chargeable by the common and statute law of England. Inventory: Money, debts, books value of the ed. 2. The oaths of executors and administrators are afterwards prescribed more concisely in the act of 1792, and this section is therefore omitted. The oath to be taken for the execution of a will, whether by an executor named therein, or by an administrator with the will annexed, will be found in sec. 20; and the oath of administrators, where there is no will, in sec. 22. It may, however, not be improper to call the attention of executors and administrators to the following passages containing a succinct outline of their duties; although they are not now to be sworn to the performance of them. "And that you will produce to, show, and inform the appraisers, that shall be appointed by the ordinary, all and singular the goods and chattels of the deceased as already have, or shall before the day of making the appraisement, come to your hands, possession, or knowledge." The ordinary here mentioned was in the place of bishops or other ecclesiastical judges, [See Stat. 22 and 23, Ch. II. chap. 10,] who under the British government had cognizance of these matters, as well in this province as in England. Under the constitution of 1777 [Vol. I. 12.] this jurisdiction was given to the register of probates; and by the act of 1799 [See sec. 31.] to the inferior court, who have since discharged the duties which in England appertain to the court of the ordinary. + Three months. See Sec. 17. And directing them to make a true and perfect inventory, "whether the same be in ready money, judgments, bonds, or other specialties, or notes of hand, together with a list or schedule of the books of account of such testator and intestate person, and exhibit, or cause to be exhibited the said inventory and schedule, together with the appraisement of the said deceased's goods and chattels, certified under the hands of three or more of the appraisers afore> said." And whereas a custom hath prevailed among executors and administrators of taking estates, or some part thereof, at the appraisement, when such appraisement hath often been under the real value; for prevention whereof for the future, tates at the lue; but must 3. Sec. III. Be it enacted, &c. That no executor or administrator Not allowed shall hereafter be permitted to take any estate, or any part thereof, to take esat the appraisement, and that no appraisement to be made as afore- appraised vasaid shall be binding or conclusive,* either upon the creditors, lega- account for tees, next of kin, or other person interested in such estate, or upon lue thereof. the executors or administrators, but all and every such executor and administrator shall be chargeable and accountable for the true value of such estate, any practice to the contrary notwithstanding. the true va Sales to be advertised 40 4. Sec. IV. All intended sales of goods and chattels, belonging to testators or intestates, shall be published in two or more public places days. in the parish [county] where such effects are to be sold, and in the gazette, at least forty days before the day of such intended sale.† executors, unless ex 5. Sec. V. In case any person in the province shall hereafter Debtors made happen by his will to appoint his debtor to be his executor, such ap- not released pointment shall not, in law or equity, be construed or deemed to be from debts a release or extinguishment of any debt due to the testator, unless pressly rethe testator shall in his will expressly declare his intention to devise, was bequeath, or release such debt, any law, usage, or custom to the contrary notwithstanding. leased in the to be sworn. 6. Sec. VI. No appraisers, that shall hereafter be appointed to Appraisers appraise any testator's or intestate's goods and chattels, shall enter upon that office before they shall have taken the following oath before one of his majesty's justices of the peace of this province, who is hereby empowered to administer the same : You, A. B. C. D. Their oath. E. F. do swear, that you will make a just and true appraisement of all and singular the goods and chattels (ready money only excepted,) of G. H. deceased, as shall be produced by I. K. the executor or administrator of the estate of the said G. H. deceased, and that you will return the same, certified under your hands, unto the said I. K. executor or administrator, within the time prescribed by law." Sec. VII. Directing administrators to give bond-re-enacted, see sec. 23. ministration principal cre 7. Sec. VIII. No letters of administration shall hereafter be Letters of adgranted by the ordinary of this province to any person or persons may be whomsoever, as principal creditor or creditors to any intestate, but granted to a upon special trust and confidence, and for the benefit of all and sin- ditor in trust gular the rest of the creditors; and that all debts of an equal nature for the other shall be discharged by such administrator or administrators in average Debts of and proportion, as far as the assets of the intestate shall extend, and to be disthat no preference shall be given amongst the creditors in equal de- charged in creditors. equal degree |