The Augusta chronicle and gazette of the state. (Augusta [Ga.]) 1789-1806, October 31, 1789, Image 3

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om, to offeta fewhmts on that fubjeft, with out animadverting particularly on his fcnti inents. I propufe that there diall be a Superior Court held in each county twice in every year, and dull have original jurifdi&ion in all cri intgil matters, and in all civil causes where the debt or damages amount to more than five pounds. The date diall be divided into three diftrifts or circuits, and be called the Lower, the Middle, and the Upper District; the lower circuit diall be composed of the counties of Camden, Glynn, Liberty and Chatham ; the middle circuit to; be composed of the counties of Effingham, Burke, Richmond and Wash ington ; and the upper circuit to be composed of'the counties of Wilkes, Greene, Frank lin, and a new c'unty to be lard out, out of counties compiling thelaid circuit in the mod convenient manner. The fittings in each circuit (hall commence the fame day, aud the courtsTucceed in the following* order, to wit: . . Camden, Effingham and Wilkes, the fird Mondays in February and July ; Glynn, Burke and Greene, the third Mondays in February and July* Liberty, Richmond and Franklin, thtCfir(VMondays in March and August; Cha tham, Wadiington and - , the third Mondays in March and Augult. In this ar rangement I intend only for the order, the time being to my prelent purpofc immaterial, and only mentioned for the fake of regularity. The;e diall be thiee Supreme Judges, who shall severally prtfirle in the different circuits in rotation, and diall meet immediately after the circuits, fay, on the fec-ohd Mondays in April aud September, at the feat of govern ment, and comp >fe a Court to corrcft ad er rors which diall happen, and which dull re gularly come before them on writs of error, from the adjudications of the circuit courts. There diall be in each circuit tWei Associate Judges, (learned m the law) who dull have power to proceed to business in case oftheab fehte of the Supreme Judge : The expence in curred by this arrangement, will perhaps amount to near 30001. which, I think, muff appear reasonable to every confederate man, as the purdiafe of a due and impartial adrai- Siiffration of judice; but, (hould the parfimo jiioue tejeCl this idea as extravagant, 1 Hill contend for the propriety of the fyflem, ex edwfive of the Judges, who will, however, in t»£ give a dignity and liability to the judicTfty, which it will lack wniliout them. Jjj. For appeals, I thfc;Kdt mod eligible to adopt the knowu and lotijjf edablifhed du&iine and pratlice new trials as pradifed in the courts of**Wedminfter, of which the cir cuit courts will judge, and when such new trial or appeals ate granted, the mode-of link ing a special jure, proposed by Galba, I at pnefeut fee no particular objediun to. I am of opinion that chancerizing powers shall be veiled in the circuit’eourts; for where a trftl, and dtfeifion has taken place at com mon law, and there are circumffauices attends ing the case, which cannot be fairly investi gated without proceedings in chancery on am injuttdion, who so propet tgfcrant and decide on such itjnncfion ds who areal ready in podeflion of Jtetfups the mod mate rial uy the original trial? Where either par*# diall move for an injunc tion or an appeal, such patty diall be thereby precluded from taking advantage of any er ror which may have been committed in the orginaJ proceedings; and where any party diall move for either an injunttmn, an appeal, or writ of error, such motion <MII be conclu sive ds to the other two. The circuit courts diall also be veded with original jurifditfion in chancery, uad’er pro per' reftritlions and regulations. Inferior Courts, veded with the extensive jurifdiftion proposed by Galba, are, in my opinion, productive of the greated proditu tions of judice ever tolerated or allowed in a free country, (proceedings in the Courts of Conscience, and appeals, under our former Conditution, excepted.) The citizens of Vir gi uia have long since felt the oppredion of fueh a fydetn, and thofc of Soutli-Carolina, tho' for. a while, no doubt, pleased with the novel ty, now groan under the fame weight: I diall therefore propose the eltablidiment of an In ferior Court in each counfy, to be held fix times a year, aud to be composed of five jur ies* three of whom diall form a quorum, wka fliall have original jurifdiftion in all civil nutters where the debt or demand exceeds twenty (hillings, and amounts to no more tbau five pouuds ; their proceedings dull be regu lated by law; they ihall have p >wer to ap point their own clerk and bailiff#, who (hall give bond and fecunty for the due perform ance ot their relj etiive duties. lu this court all deeds for land within the county, (moit gages excepted) all deeds, bills of fa!e, &£. for perianal property, (fecurittes excepted) lhal! be proven, and recorded by the clerk thereof; mortgages of lan , and all deeds ot fecuriey of pcrfonal property, ought to be proven iu the circuit court, and recorded by the clerk thereof. From the decisions of the inferior court, there lliail be an appeal to the circuit court of the county, who tiiail try the fame in a fummaty manner, which dial! be final and conclofive ; all demands under twen ty (hillings (hall be tried by a Bugle Justice ; from his determination either party may ap peal td the inferior court, whose judgment thereon (hall be final. * Proceedings in Courts of Justice are of so complicated a nature, that little can be said of them through the channel of a uewfpaper ; however, I will ventuic a tew,.hints on that fubjeft a!fo. I propufe that the plaintiff ihall regularly file his declaration iu the cleik’o of fice, a copy whereof annexed t>< a capias Iliad be iflued by the clerk, and sci ved on the de fendant at lead twenty days before the fitting of the circuit coutt, which time (hall be con lidcied.as a fuiHcieiit tmpurtunce , and the de fendant (hall appear and file his plea within three days (inclusive) after the commence ment of the court, or the plaintiff may iign judgment by detauit, and obtain a writ of in quiry in cales wheie damages are to be ai fcll'ed ; aod the court (hail be authorifed to appoint rule days in Vacation, for the puipofe of filing Replication, R<jotimer &c. in cales whete they may beuecctiar', by which means tbe pleadings will all regularly be made up, and the cause ready for tiial in'the second ' teim; and that no plea in abatement, or non ejijucium Ihall l?e admitted, uniefs the party" 0 offering the l'anfe will, by affidavit, prove the truth thereof. The above hints are with due deference and relpecf fubmmed to the fenous enquiry and candid mveftigation of that yefpedable body, from whose deliberations the happmefs of a free and enlightened people is ardently cx peded. AUR ELIAN. In C O U N C I L, Sept. ip,’ 1789. Ordered , , THAT the Treasurer be direded to notify to the Colle&ors of the Tax in ihe different counties, that the Orders of the Execur.ve on the Treasury, indorfed by the Treasurer, and in favor of David Hillhoufe, Esquire, are receivable from all persons iu the payment of the Tax for the prefeut year } and this order be publilhed. Extrail from tbe Minutes , J. MERIWETHER, S. E. C. tight Dollars Reward. Run awaj/ r About the iotb inst. from the Snhfcrib'ers, a country bera Negro Fellow named J A G K, About twenty-four years of age, five feet ten itrehes high, flout, and weil'niade: Had on,' when he went away, a blue fa i tor’s jacket, one bread torn off, and raven’s duck over halls. —lt is supposed lie will try to make for Charleffon or Savannah. ' The above leward, with ail reafonahle charges, will lie paid in specie to any person who will deliver said negroe to the fubferibers, in Au ltl^3; —All persons are forewarned from har bouring or carrying off the above-mentioned fellow, as they may depend on being prole cuted according to law. ' M‘CALLUM y GARDNER. Jx Odleber 29, 1789. CUtks Office, Burke county, OUoltt 20, 1789.' FH I S is to certify that Mrs. Mary Wells has dtpolked in this Office, a c py oi' letters of ad min iftrarion to her of the estate of Abfkom Wells, in order to have the lame ettabiiihed agreeably to 'liw, in lieu of the original, which file loft during the last war. J. DAVIES, C. B.C. William Spencer BESS leave to iurorm the pub lic, that he can accommodate a lew gentlemen with board and lodging. Augusta, Od 24, 1789. n , —— Notice. WHEREAS I have received considerable damage in my nroperty by persons entering my miclu|ure#jWd trespassing there on, I give that I am deter mined in any person or persons so detedeii comm&ng ticfpafs of any nature whatsoever ■ 1 have a riglr&Ttitle, cH«m or demand, may lely on bffiqf dealt with as the law in futb cases direds. THOMAS HAMILTON. Odober 28, 1789 V l our Dollars Reward. S TRAYED (or was flolen) from the com i nious of Wafhiugten,. about the 3d of •hi* *nft. a yellow-bay gelding, between 14 and 1 3 hands high—branded on the mounting fliouldei nearly thus )-(, and on the buttock a A'—has a fwitcli tail—- star in his forehead white feet—many fears under his mane which appear like veins -and the tip of his left ear cut off—and had (when loft) a running fore on his ilviuiner, occasioned by a hurt from the fadrile.—He was bred. (I underflantk) by Col. Wiiliamfon, near Waihingiorft—The above reward will be given to any person who will deliver said geld mg to Mr. James Heulings, near said town, or Capt. Nathaniel Pearre, of Augusta. Augujla, Qcloler 16, 1789. T. Steel, Surgeon Dentist, Begs leave to inform t.hepublic, i-'iat he cures the feu ivy in the teeth by removing an infec tious tartar that destroys the enamel of the teeth, and will farce them out of their foe kets, if not lemoved— cleans the teeth, and makes them white ;—replaces, tranfpWts and fubflitutes artificial teeth in so neat a man ner, as not to be ? perccived from the natural, wiu.out drawing the slumps or cauling the leaff paiu His cfllrges are low’, to give every person an oppottunity of being Leuc fited; hf, . him/ , \ N - B ; will do hitnfelf the plea sure to attend on gentlemen and ladies at their own dwellings, by direfting a line to him at - the Coffee-iioute. V 'toher 17 V ,17«Q. . i)u ke Leiyi/y, April 6, 1789. Tff E fuolcriber pi es Eoticc tlur he h \ depofred in the Cierk’s Office of this county, a copy ot a deed, as near as c< uid be ai certained, from John Smith, late < f Borke countv, deceked, to him ft ' two hundred acres of land, on Diy Bran h, Water of Ogechee, in or der to have it eflablifht-d and record; eI, in lieu of the original, which was loft during the late War. WILLIAM JONlf'