Plats. Tax to be le vied to pay ers', and co tled to receive of the grantee, upon each grant that shall pass, the sum following: On all grants of and under 500 acres, one quarter of a dollar; on all grants above 500 acres, three quarters of a dollar. The treasurer the sum of one quarter of a dollar on all plats certified by him, to be paid by the applicant. An Act more effectually to provide for the payment of Sheriff's', Jailers' and Coroners' Fees, which may be now due, or which may hereafter be come due; and for vesting power in the Inferior Courts of this State for the purpose of carrying this act into full effect.-Passed December 5, 1801. Vol. II. 39. 35. Sec. I. From and after the passing of this act, the justices of sheriff's jail- the inferior courts are hereby required to levy annually, a county roners' fees. tax, equal to all fees which are due or may become due to the respective sheriffs, jailers, and coroners, within the several counties in this state, from the insolvency of prisoners, or for the maintenance of criminals, or in the case of coroners, for the payment of all fees which have or may become due such coroners for holding inquests on the bodies of persons found dead, and whose estate shall prove insufThe owners. ficient to discharge the legal fees: Provided, That all fees for holding ner's fees on inquests on the body of slaves, shall be paid by the owner of such Tax, how col- slave or slaves; and it shall be the duty of the collector of the gene to pay coro negroes. lected and applied. ral tax, to collect and pay into the hands of the clerk of such courts, the amount of taxes so assessed and collected, by order of the justices aforesaid; which said amount shall be applied to the payment of such fees as may or have become due to such sheriffs, jailers, and coroners, as aforesaid; and the collector 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 justices of the inferior courts at their discretion. Sec. II. [Repeals the act of 1796, (Vol. I. 234.) and all other repugnant acts.] FENCES.-1759. An Act for the better regulating Fences in the Province of Georgia.— Whereas an act passed the 7th day of March, 1755, in the first session of the first general assembly of this province, entitled "An Act to regulate Fences in the Province of Georgia," has been found very ineffectual for the purposes thereby intended: And whereas, the fixing and establishing fit and proper dimensions for all fences and enclosures to be erected, and made in and about the several plantations and settlements of this province, would not only prevent the several owners and occupiers thereof, so fenced and enclosed, from receiving any damage from the irruption, straying, or breaking in of cattle, horses, sheep, goats, or swine, but would likewise obviate any doubts or disputes happening or arising as to the strength and sufficiency of such fences and enclosures, in case of any irruption or trespass to be committed within the same. shall be law Worm 1. Sec. I. Be it enacted, That from and after the 29th day of What fences March, 1759, all fences or enclosures, commonly called worm fences, ful. that shall be erected and made around or about any garden, orchard, fences. rice ground, indigo field, plantation, or settlement, in this province, shall be six feet high when staked and ridered, and from the ground to the height of three feet of every such fence or enclosure, the rails thereof shall not be more than four inches distant from each other; and that all fences or enclosures that shall consist of paling, shall like- Paling. wise be five feet high from the ground, and the pales thereof not more than two inches asunder: Provided always, that where any Ditch. fence or enclosure shall be made with a ditch or trench, the same shall be four feet wide, and in that case the fence shall be six feet high from the bottom of the ditch. Owners of breaking lawful 2. Sec. II. If any trespass or damage shall be committed in any cattle not liagarden, orchard, rice ground, indigo field, plantation, or settlement, ble for any not being fenced and enclosed in manner as hereinbefore is directed, by damage for the irruption, breaking in, or straying of any cattle, horses, sheep, through un-" goats, or swine, the owner of such cattle, horses, sheep, goats, or fences. swine, shall not be liable to answer for such trespass, or to make good or satisfy any damage or injury that shall happen or be committed by reason thereof; and in case any person or persons shall kill, maim, hurt, or destroy, or cause to be killed, maimed, hurt, or destroyed, any cattle, horses, sheep, goats, or swine, so trespassing, straying, or breaking into any garden, orchard, rice ground, indigo field, plantation, or settlement, not fenced and enclosed in manner as by this act is directed, all and every such person and persons shall answer and make good to the owner or owners thereof all such injury and damages as he or they shall sustain thereby, the same to be recovered on due proof thereof, before any two justices of the peace for the district where the offence shall be committed, and to be levied by warrant of distress and sale of the offender's goods.* Sec. III. and IV. [Direct justices of the peace to appoint three freeholders to assess the damages, which the justices are to levy by distress and sale. These two sections, as well as such parts of this and all other acts as give the justices power to assess damages, are repealed by the present constitution, and the judicial act of 1799.] not to be fixed in en 3. Sec. V. No planter or other person, not having a lawful fence, Stakes, &c. shall fix in any of his enclosures, any canes, or stakes, or any thing that shall, or may kill, maim, hurt, or destroy, any cattle, horses, closures, unsheep, goats, or swine, under the forfeiture of twenty shillings ster- lings penalling for every such offence, on being convicted thereof before ty. any justice of the peace of the district or place where such offender shall * All criminal jurisdiction was confined exclusively to the superior courts, by the constitution of 1798: but was, as to some matters, restored to inferior judicateries by the amendment of 1811; and was conferred as to some other matters, on the corporation courts of certain sea-port towns, by the amendment of 1818. [See art. III. sec. 1. as amended, Appendix, sec. 136.] The compiler has been induced for several reasons to retain in most instances, those passages in the old laws which relate to the exercise of this jurisdiction by inferior magistrates. For in the first place, they are often so blended with those parts which still remain in force, that to expunge the one, would render the other less intelligible; besides garbling and deforming the structure of the statutes; which he has in all cases sought as far as possible to avoid. A second and still stronger reason for this course, has arisen from a reference to several enactments since the constitution of 1798, and prior to the amendment of 1811. These have left him uncertain how far the legislature understood justices to be ousted by the reservation "exclusive and final jurisdiction in all criminal cases" to the superior courts. [See Elections and Representatives,' Sec. 6; Cotton Seed, Sec. 5; Health, sec. 12. 13. Slaves, Patrols, &c. sec. 51. and many others.] 6 der 20 shil Title to land not to be brought in question. dwell, upon confession of such offender, or proof by any one or more credible witness or witnesses upon oath, one-half thereof to be paid to the informer, and the other half to the poor of the said district, the same to be levied by distress and sale of the offender's goods, by warrant of the justice, before whom such offender shall be convicted, returning to the owner the overplus, if any, after all charges deducted.* 4. Sec. VI. Provided always, and be it further enacted, That in all trials to be had before one or more justices of the peace by virtue of this act, the right of the party to the lands on which the trespass or damage shall be said to be done, shall not be brought into question, but the same shall be taken for granted to all intents and purposes whatsoever. Sec. VII. [Repeals the act of 1755.] Rights of aliens, how secured. May acquire and enjoy personal pro perty, FOREIGNERS.-1785. An Act for ascertaining the rights of Aliens, and pointing out a mode for the admission of Citizens.-Passed February 7, 1785. Vol. I. 38. Whereas the many advantages and peculiar blessings which this state enjoys may induce foreigners to apply for a participation thereof; And whereas, it is the intention of the legislature to confer those benefits on all such as may apply and do merit the same: 1. Sec. I. Be it enacted, &c. That all free white persons, being aliens, or subjects of any foreign state or kingdom at peace with the United States of America, who shall register or enrol their names in the office of the clerk of the superior court of the county where such aliens purpose to reside, may be, and they are hereby vested with the rights and privileges of acquiring, possessing, or holding, and selling, devising, or otherwise disposing of all kinds of personal property, and renting houses or lands from year to year, and shall have the right of suing for all such debts, demands, or damages, other than for real for debts that estate, as may arise or have arisen since the 12th day of July, 1782, since 120 Ju- either personally, or by attorney, or otherwise, and in case of death, by his, her, or their executors or administrators. and may sue have arisen Jy, 1782. Privileges and disabili persons. Sec. II. [Prescribes the mode of naturalization-superseded by the constitution of the United States, Art. I. Sec. 8.] 2. Sec. III. Provided always, and be it enacted, That no such ties of such person shall be a member of the general assembly, or of the executive council, or hold any office of trust or profit, or vote for members of the general assembly for the term of seven years, and until the legislature shall, by a special act for that purpose, enable such person so to do: And provided also, that all such aliens or persons aforesaid, shall be subject and liable to pay such alien duties, as have been heretofore or may hereafter be imposed by the legislature. *For other acts of malicious mischief in respect to cattle and fences, see Pe. nal Laws, 205, 207. As to the fences on Harris's neck in McIntosh county, see Vol. II. 521. + But as to British subjects, see the 9th article of the treaty of amity, commerce, and navigation, with that power, dated 19th November, 1794. And as to Spanish subjects, see the 11th article of the treaty of 20th October, 1795, 1 Gray. App. 25, 53. And see further as to aliens, Tucker's Blackstone, Vol. I. Part 2d, Note L. the bill of ment not to selves of the 3. Sec. IV. No persons on any act of confiscation and banishment Persons on in this or either of the states,* nor any persons who have borne arms confiscation against this or the United States, that were citizens of this or either and banishof the said states, during the war, shall avail him or themselves of any of avail themthe rights, privileges, or immunities intended to be given or conferred rights grantby this act, except such persons as may have availed themselves of ed to aliens. coming in during the late war, under certain proclamations issued, and that may have been adopted and sanctioned by the legislature : Provided likewise, that this act shall in nowise extend, or be construed to extend to oblige such persons who may have applied to become citizens of this state, to undergo the probation herein set down or contained. of persons educated in tries. 4. Sec. V. If any person or persons under the age of sixteen Disabilities years, shall, after the passing of this act, be sent abroad without the limits of the United States, and reside there three years, for the pur- foreign coun pose of receiving an education under a foreign power, such person or persons, after their return to this state, shall for three years be considered and treated as aliens, in so far as not to be eligible to a seat in the legislature or executive authority, or to hold any office, civil or military, in the state for that term, and so in proportion for any greater number of years as he or they shall be absent as aforesaid, but shall not be injured or disqualified in any other respect. An Act for the security of Foreigners, who may lend money at interest, on real estates.--Passed February 21, 1785. Vol. I. 243. Whereas the borrowing of money on interest from foreigners may benefit this state, and it is but reasonable, that any foreigner lending money should be secured on real estates by way of mortgage, and at liberty to institute suits for the recovery of all sums, as well principal as interest, so loaned : authorized to gages loaned, close the same. 5. Sec. I. Be it enacted, &c. That it shall and may be lawful for Foreigners every and all persons, being aliens, to lend money at an annual inter- take mortest of seven per centum on freehold or leasehold security, by way of of land for security mortgage, on any estate within this state, and such money, whether of money the kingdom or state of which such money-lender is a subject or alien, and to foreshall be at peace or in war with the United States, to recover, sue for, by attorneys, or otherwise in the courts of this state, and where judgment is obtained, execution shall be awarded for the sale of such mortgaged premises, for payment of the debt and interest due thereon, with costs of suit, as is common with the citizens of this state, (except such foreigner be entitled to the right of entry or actual possession of any such mortgaged premises by purchase, or by any process for foreclosing any equity of redemption, by order of any court whatever,) any law or custom to the contrary notwithstanding. Sec. II. [Declaring this a public act-see Evidence 20, making all acts public if published by authority.] * Such persons are also excluded with others from the naturalization act of congress (sec. 4,) of April 14, 1802. See 1 Grayd. 311. French subjects enabled which are made descendable according to the laws of entitled to all An Act to enable the Subjects of his Most Christian Majesty, to transfer and settle such of their Estates and Property as is or shall happen to fall within this state; and also to perfect the Grant of 20,000 acres of land in this state, to the Vice-Admiral the Count D'Estaing, and to encourage the settlement thereof.-Passed February 22, 1785. Vol. I. 243. Whereas the congress of the United States of America on the 14th day of January, 1780, did resolve, That it be recommended to the legislatures of the aforesaid United States, to make provision, where not already made, for conferring on the aforesaid subjects of his most christian majesty, the privilege of disposing and settling their estates agreeably to the form and spirit of the 13th article of the treaty of amity and commerce between his most christian majesty and the United States of America. 6. Sec. I. Be it enacted, &c. That the subjects of his most christo dispose of tian majesty shall be, and they are hereby empowered to transfer and their estates, dispose of such of their estates and property as shall happen to be within the limits of this state, and that the estates and property of such of said subjects as are or may be deceased, and who were not France. And citizens of this state, being within the state, shall descend to, and such subjects become the estate of the heirs and legal representatives of such dethe rights ceased person, according to the laws, usage and custom of the kingdom of France relative thereto, and such estate so descending shall and may be settled agreeably to the laws that are or shall be made relative thereto, without being obliged to obtain letters of naturalization; and that the aforesaid subjects of his most christian majesty shall have, hold, and enjoy, on their part, within this state, the privileges and immunities mentioned in said articles of treaty, according to the form and spirit thereof. specified in the treaty. 20,000 acres of land granted And whereas the general assembly of this state resolved, that grants of 20,000 acres of land should issue to the vice-admiral, the count D'Estaing, in testimony of their respect for his meritorious services, 7. Sec. II. Be it enacted, &c. That the vice-admiral the count to count D'ES-D'Estaing be, and he is hereby empowered and qualified to receive admitted to and hold the grants of land aforesaid, and he is hereby admitted to all the rights of the privileges, liberties, and immunities of a free citizen of this state, agreeably to the constitution. taing, and he a How French subjects may zens of this state. And, (to encourage and promote the settlement of the said land,) 8. Sec. III. Be it enacted, &c. That any person or persons, being become citi a subject of his most christian majesty, who is properly introduced with a design to become an inhabitant of this state, such person or persons shall, after three years residence, or in case of intermarriage with a citizen of this state, or either of the United States, after one year's residence and taking the oath of allegiance and fidelity, be admitted to all the liberties, privileges, and immunities of natural born citizens of this state, any law, usage, or custom to the contrary notwithstanding.* ported from An Act to prevent Felons, transports from other states, coming into or residing in this.-Passed February 10, 1787. Vol. I. 234. Felons trans- 9. In order to prevent the dangerous evils arising from the comother govern- munication with felons, transported from other states or nations, *The power of legislating on this subject is now vested in congress, by the constitution of U. S. See Appendix, sec. 29. |