Open accounte, 4 years. Repealing clause. Foreign grantees who have not barred by younger grants, and 7 years' possession. of the party, shall be commenced within six years from the time such note or acknowledgment shall become due, and not after; and that all actions founded upon open account shall be commenced within four years from the time such account accrued, and not after. Sec. II. All acts and parts of acts that militate against this law, shall be, and the same are hereby repealed. An Act to amend an Act, entitled "An Act for the limitation of Actions, and for avoiding Suits in Law."-This Act passed December 2, 1813. Vol. III. 30. Whereas divers persons, during the time this state was a British province, obtained grants for lands within the same, and during the revolutionary war, and at the expiration thereof, fled from this state, or who never resided therein: And whereas divers persons, good citizens of this state, have since the revolution unknowingly surveyed and obtained grants for all, or a large part, of many of the aforesaid old surveys, or have become purchasers, and have settled, cultivated, and greatly improved the same, defending and supporting this state; and reason and justice require that they should not be disturbed in their possessions at this late period for remedy whereof, 15. Sec. I. Be it enacted, &c. That no person or persons claimprior to the ing any lands, tenements, or hereditaments, by virtue of any grant or revolution, grants prior to the revolutionary war, and who never resided in said returned, province, or who fled from this state during that struggle, and who did not return to this state within twenty-one years after the treaty of peace with Great Britain, which was in the year 1783, to make their entry thereon, settle, or cultivate the same, or any part thereof, shall either he, she, or they, or any person or persons claiming under him, her, or them, hereafter recover any such parts thereof as may have been since granted, from any person or persons, who has or have since the revolution obtained a grant or grants, settled, or cultivated the same, or any part thereof, for the term of seven years in peaceable possession; nor from any person or persons claiming under such young title as aforesaid, where there has been an adverse possession for the aforesaid term of seven years.* Such grantees not bene absent be 16. Sec. II. No saving or exception in any statute of limitations fited by being in this state, providing for the claims of persons resident beyond seas, shall operate, or be so construed as to benefit any persons whose grants have issued prior to the revolutionary war, and who are now subjects of the crown of Great Britain, or other foreign nations.* yond seas. This net not to affect con 17. Sec. III. Nothing in this act contained shall affect or be confiscated lands strued to affect any lands belonging to, or that ever did belong to any person or persons, named in the act of confiscation and banishment, or bill of attainder, or any right which this state has to confiscated lands, or any right which any citizen of the United States, or citizen of this state, may have to any of said lands. But see art. 9 of the treaty of 1794 with Great Britain, and the 11th art. of the treaty of 1795 with Spain; and query, whether this statute is not wholly superseded by that of 1817. See sec. 19. An Act amendatory to, and explanatory of the Statute of Limitations in Whereas many evils and inconveniences may arise from the construction given to the before-recited act, by which the savings and exceptions in favour of idiots, lunatics, and infants, mentioned in said act, are totally defeated, and manifest injustice done thereby : 321 idiots, luna 18. Sec. I. Be it enacted, &c. That from and after the passage Construction of this act, no court of justice in this state, before whom the plea of diff the statute of limitations may be relied on or plead by any defendant tics, and in, or defendants, shall be permitted to construe said act against idiots, fants, lunatics, or infants, as heretofore construed; but said statute of limitations, when it has commenced running, shall not so operate as to defeat the interest acquired by idiots, lunatics, or infants, after its commencement, but the operation of said statute shall cease until the disability or disabilities of such persons are removed, or from the time of the arrival of such infant to the age of twenty-one years; any law, custom, or usage to the contrary notwithstanding. from resi the state. 19. Sec. II. No proviso or part of the above-recited act, or any No benefit to other part or parts of any statute of limitations, which are or hereto- be derived fore have been of force in this state, shall be so construed as to grant dence out of any privilege, right, or exemption, to any person or persons, who may reside in either of the United States, or the territories thereof, or beyond seas, or elsewhere, other than those enjoyed by the citizens resident within the limits of this state. * This is a mistake. The act of 7th Dec. 1805, having stood repealed from the 8th Dec. 1806, (see sec. 13,) was not in force as the statute of limitations in this state," at the date of the present act, and therefore could not have been the subject of amendment. The provisions of this statute are, however, equally applicable to the limitation acts which were then in force. SUSPENSIONS OF THE ACTS OF LIMITATION. The act of limitation was suspended from the 1st of July, 1775, down to the 1st of February, 1793. See vol. I. 36, 7. The first alleviating act [vol. II. 426,] was passed 23d May, 1808, and repealed the 20th Dec. of the same year, by the act called the thirding law, [vol. II. 448.] If we exclude the day the act was passed, and include that of its repeal, we have 211 days during which the statutes of limitation of actions was totally suspended, except for the recovery of taxes and penalties, and in attachment and claim cases. By sec. 5. of the alleviation law of 27th Nov. 1812, (vol. III. 34.) the acts of limitation were suspended, "except as relates to real estate," from the 30th of that month, (sec. 1.) to 6th Dec. 1813, 1 year and 6 days. This act, however, allowed suits to be brought, Against persons refusing to liquidate their accounts, sec. 4; Against principals and sureties, at the instance of the latter, sec. 6; Against debtors, who were squandering their estate, sec. 7; Against delinquent executors, administrators, or guardians, sec. 13; By attachment against absconding debtors, sec. 12; By bill in chancery for certain purposes; And for fines, forfeitures, and other moneys due the public, or due to banks; for rent, and for tuition money, sec. 8. By the supplementary act of 6th December, 1813, (vol. III. 36.) there was a further suspension until 25th December, 1814, when the act expired; say 1 year and 19 days. This statute enlarged the list of exceptions in the last, and allowed actions to be brought also for slanderous words, sec. 2; and on written instruments given for titles to land, sec. 5. To be taken out for the first suspension, from the 23d May, 1808, for the second (in cases not excepted by the for the third (in cases not excepted either by this act or the last,) from 6th Dec. 1813, exclusive, to 25th Dec. 1814, inclusive. Year. Days. 211 1 6 1 19 Total, 2 236 That is to say, two years, and seven calendar months, (allowing 4 of 30, and 3 of 31 days each,) and 23 days over. MILITIA.-1807. To be inspected by the adjutant general. An Act to provide for the Arming the Militia of this State.-Passed December 10, 1807. Vol. II. 363. 3. Sec. V. It shall be the duty of the adjutant general at least twice in every year, to inspect the arms, ordnance, accoutrements, and ammunition so deposited in the arsenal, and the keeper of the arsenal is hereby required to submit to the inspection of the adjutant general the arms, ordnance, accoutrements, and ammunition, which may be in his care and keeping, on the days appointed by the said adjutant general, for the purpose of inspection as aforesaid; Provided, the said keeper of the arsenal aforesaid, shall receive at least one day's notice thereof, as to the time when the inspection shall commence, in writing from the adjutant general, and in case the keeper of the arsenal aforesaid shall fail to produce the arms to be inspected by the adjutant general, after having the notice in writing as aforesaid, the keeper of the arsenal so refusing or neglecting, shall forfeit and pay the sum of twenty-five dollars, for each and every day's neglect or refusal, to be recovered by action of debt in any court having jurisdiction thereof. 4. Sec. VI. It shall be the duty of the adjutant general to report the state and condition of the arms so inspected by him, to each and every successive legislature. [The residue of this section, and the 7th, directing the governor to pay for these arms, if congress should not do it, out of what is due by the United States to this state-omitted as temporary.] * The I. and II. sections direct the purchase of 10,000 stand of arms, field pieces not exceeding 12, 700 pair horsemen's pistols, and 1000 borsemen's swords; 10,000 pounds gunpowder, and other munitions. The III. and IV. sections relate to their custody at Louisville, all of which is deemed to be now obsolete. In 1812, Vol. III. 439. The governor was authorized to contract for 500 rifle guns, and a quantity of powder and lead. See also Vol. III. 1118. † Arms directed to be distributed, act of 22d December, 1808, Vol. II. 444, and act of 10th December, 1812. Vol. III. 441. Removed to Milledgeville-resolution of 10th December, 1812. Vol. III. 1118. Repaired-resolution of 3d December, 1813. Vol. III. 1133. Collected from commanders of regiments-resolution of 16th December, 1815. Vol. III. 1151. Statement thereof requested-resolution of 25th November, 1815, Vol. III. 1160. Resolutions as to the building an arsenal. Vol. III. 1180, 1235. Report of the condition and arrangement-resolution of 18th December, 1819 Vol. III. 1217. An Act to lay out and define the several Divisions of the Militia of Georgia.-Passed December 7, 1807. Vol. II. 366. laid out and defined. 5. Sec. I. From and after the passing of this act, the militia of The two brithis state shall be divided and organized into four general divisions, årst division gades of the which shall be subdivided into eight brigades, in the following manner, to wit: the counties of Wayne, Camden, Glynn, Liberty, McIntosh, Bryan, Chatham, and Effingham, shall compose one brigade, to be known and called as the first brigade of the first division; and the counties of Bulloch, Tattnal, Scriven, Montgomery, Burke, and Jefferson shall compose one brigade, to be known and called as the second brigade of the first division. sion. 6. Sec. II. The counties of Richmond, Columbia, and Warren, Second divishall compose one brigade, to be known and called as the first brigade of the second division; and the counties of Washington, Wilkinson, Laurens, Telfair, and Hancock, shall compose one brigade, to be known and called as the second brigade of the second division. 7. Sec. III. The counties of Baldwin, Jones, Putnam, Randolph, Third divi[now Jasper,] and Morgan, shall compose one brigade, to be known sion. and called as the first brigade of the third division; and the counties of Greene, Oglethorpe, and Clarke, shall compose one brigade, to be known and called as the second brigade of the third division. (See sec. 12.) sion. 8. Sec. IV. The counties of Wilkes, Lincoln, and Elbert shall Fourth divicompose one brigade, to be known and called as the first brigade of si the fourth division; and the counties of Jackson* and Franklin shall compose one brigade, to be known and called as the second brigade of the fourth division. [Sec. 10.] battalions, 9. Sec. V. The divisions and brigades, hereinbefore pointed out Regiments, and described, shall be subdivided into regimenst, battalions, and com- and compapanies, as directed by the militia law of this state, and the United nies. States now in force. Act of December 7, 1812. Vol. III. 440. 10. The county of Madison † shall be added to, and form a part of Madison atthe second brigade of the fourth division of the militia of this state. Act of December 7, 1812. Vol. III. 441. tached to the 2d brigade, 4th division. sion formed. 11. Sec. I. The counties of Randolph, Jones, Twiggs, Pulaski, Fifth diviTelfair, Laurens, and Wilkinson be, and the same are hereby formed into a new division, to be known by the fifth division of Georgia Militia. 12. Sec. II. The counties of Randolph and Jones shall form the 1st Brigade., first brigade of the fifth division, and the counties of Twiggs, Pulaski, Telfair, Laurens, and Wilkinson shall form the second brigade of the 20 Brigade. fifth division of the Georgia Militia. * The two regiments in Jackson consolidated. Act of 1819. Vol. III. 479. And also Walton, Gwinnett, Hall, and Habersham. Act of 1818. Vol. III. 228. And also Early, Irwin, and Appling. Act of 1819. Vol. III. 238. Organiza tion of the divi sion, Of the brigade. An Act to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws now in force.-Passed December 19, 1818. Vol. III. 459. 13. Sec. I. The militia of this state shall be laid off and apportioned into divisions, brigades, regiments, battalions, and companies; each division shall be commanded by a major general, whose staff shall consist of one division inspector, with the rank of lieutenant colonel, one quartermaster and two aids, with the rank of major each; each brigade shall be commanded by a brigadier general, whose staff shall consist of a brigade inspector, with the rank of major, a brigade quarof the regi- termaster, and an aid-de-camp, with the rank of captain; each regiment shall be commanded by a colonel, whose staff shall consist of a quartermaster, a paymaster, and adjutant, with the rank of lieutenant, and one surgeon and mate; and shall also have attached to it a lieutenant colonel and major, a sergeant major, a quartermaster sergeant, Of the com- and a drum and fife major; each company shall consist of one captain, a first and second lieutenant and ensign, four sergeants, and four corporals, a drummer and fifer, and sixty-four privates. ment. pany. Laying off new, or alter 14. Sec. II. When it shall be found necessary to create any new ing old divi division or brigade district, or make alterations in any of those already sions or bri- laid off and defined, such new definitions or alterations, shall be made gade districts to be done by by the legislature, and a record made of the same in the adjutant gethe legisla- neral's office, as well as of the organization of the divisions and brigades heretofore created and defined.* ture. Reg. batt. or company dis altered. 15. Sec. III. When it shall be necessary to create any new retrists, how to gimental, battalion, or company district, or make alterations in any be laid off or such as have heretofore been laid off, the commanding officers of regiments, shall assemble the commanding officers of battalions and companies, at some fit and convenient place, and shall proceed to lay off, or alter any such regimental, battalion, or company district or districts, which districts shall, in all cases, be designated by lines and bounds, and recorded by the clerk of the respective regimental courts of inquiry; that in all creation or divisions of the aforesaid districts, a due regard shall be had to the number of effective men organized for each Subaltern of corps by the militia laws of the United States, and that in case of the with the creation of any new company district, any subaltern officer or officers, falling within the bounds thereof, shall hold his or their rank and grade, his or their respective commissions being made to bear the New territo- number of the said new district, and that in case of the organization of any additional acquisition of territory, the regimental, battalion, and company districts therein, shall in the first instance, be defined in such manner and by such officers of the militia as the commander in chief may order and direct.‡ bounds of new districts. ry, how to be organized. How many a reg. courts in cer 16. Sec. IV. A regiment shall not contain less than two, nor battalions to more than three battalions; and in a regiment composed of two or Musters and more counties, battalion musters and battalion courts of inquiry only, tain counties. shall be had; and regimental and battalion districts shall be so arReg.and batt. ranged as not to embrace parts of two or more counties; and the briWho shall gadier general, and field officers, shall determine the several counties what countles which shall form a regiment. [But see sec. 60.] districts. determine form a regi ment For the military organization of Walton, Gwinnett, Hall, and Habersham conuties, see Vol. III. 227. Of Early, Irwin, and Appling, see Vol. III. 237. |