The daily sun. (Columbus, Ga.) 1855-1873, January 29, 1856, Image 4
coTTOJNi, -c*
An act to alter and amend the tlftli tlu >; an uct to
rojruluta the weighing of Ootto. an ‘the*’ ommodi
tiM in thin State, approved Decern be. Bth, IsOrt.
KG. 1. Be it enacted, Ac., That from and after the pan-
O sage of this iu't, the fifth section of an iut to regu
late the weighing of cotton and other commodities in
this State, approved December Bth, 1800, shall be altered
and amended so as to read as follows: It shall not he
lawful for any sealesman or other person in any of the
cities, towns, villages, railroad stations or depots in this
Slate, to weigh any hale, bag or package of cotton, tierce
or half tierce of rice, box or barrel of indigo, or any
other article or product disposed of by weight, without
first taking and subscribing the following oath before
someone of the Justices of the Inferior Court, or Justice
of the Peace of the said counties or any other person
authorised by law to administer an oath : “I. A. 8., do
solemnly swear, (or affirm, es the case may be,) that I
will justly, impartially and without deduction, weigh
all bales, bogs or packages of cotton, tierces or half
tierces of rice, boxes or barrels of indigo, and any other
article or product disposed of by weight, that may bo
brought to mo for that purpose, and mark the true
weight thereon without any deduction whatever, and
render a true and accurate account thereof to the par
ties concerned, if so required—so help me God. This
act to take effect from and after the let day of Septem
ber, 1864.
Section 2. And be it further enacted, That the weigher
ahull be allowed to make such deduction for wet or other
cause, his said oath) which may be
reasonable, when the seller or his agoi t shall consent
to his doing so; and be it further enacted, That all pub
lic scalesmeii shall be at least eighteen years of age, and
f that no slave or free person of eolor, shall be allowed to
weigh any of the articles of produce mentioned in tho
above recited act.
Apppoved February 7th, 1854.
cololed skamen.
An act to change the laws now of force in this State
relating to the arrival within the limits of this Mute
of colored seamen.
WHEREAS, the interest of commerce require an
alteration and modification of the laws now of
force relating to the arrival of colored seamen within
the limits of this State.
•Section 1. Be it enacted That so muc h and suc h
parts of the laws of tills State as require ships or vessels
coming into this State by sea, having on board any free
negro or free person of color employed os a steward,
mariner or in any other capacity, or ns <l passenger, to
ho subject to a quarantine) of forty days, be and the
same are hereby repealed.
Section 2. And lw? U further enacted, That it shall he
the duty of the moater or owner of every steamboat,
steamship or vessel of any description, arriving in this
State from any port whatever, (except from ports in
South Carolina and Florida,) immediately upon his arri
val at any port in this State, to report to the mayor or
other chief magistrate or competent authority at tho
place of arrival, the name, age description end capacity
of every free person of color descended from negroes or
inulattoes, employed on board bis vessel, and to obtain
a passport, from such authority, to permit such person
of color to land, it being within the discretion of such
mayor or other authority to grant or refuse snid pass
port.
Section 3. Aml Im it further enacted, That in case a
iree person of color so descended as aforesaid, so arriving
ns aforesaid, shall be fouud on shore without such pass
port, or in the contravention of the laws of this State,
ho shall bo imprisoned until the departure of said ves
sel, and the master and owners of such vessel shall be
come jointly mid severally responsible, in the sum of
one thousand dollars for each such free person of color,
to be recovered in any Court in this State, ait the in
stance of such Mayor or other authority.
Section 4. And he it further enacted, That no part of
this act shall apply to or be of force in any port or place
within the limits of this State, where there is no muni
ciplo corporation or intendant or public chief magistrate
or authority, hut in all such places the laws at this day
of force shall stand unaltered and unrepealed.
Approved February 7th, 1854.
EJBCTM ENT.
An act to amend the Judiciary act of seventeen hundred
and ninety nine, so fur as to perfect service, served in
actions ot ejectment for the recovery of land, mesne
profits, and to amend an act entitled complaints for the
recovery of real estate and for mesne profits.
WHEREAS, it frequently happens that an individual
or individuals residing in one county, have their
plantations to extend over the county line in an adjoin
ing county, and whereas there is no provision in the stat
ute for the perfecting of legal process on such persons in
actions of ejectment or complaint.
Re it therefore enacted, Ac., That from und after the
passage of this act, it shall ho lawful for the Clerk of tho
Superior Court of tho county where such land may lie, to
issue process in behalf of tho plaintiff or plaintiffs
against the defendant or defendants; which process shall
bo directed to the Sheriff, or if the defendant be a Sheriff,
it shall be directed to the Coroner of the county wherein
such land may lie, and such Sheriff or Coroner, as the
case may bo, shall be authorized to servo and return the
sumo, and such process ami service shull be as valid its if
the same had been directed to and served by the Sheriff
or Coroner of the county where such defendant or defen
dants may reside.
Approved February 20th, 1854.
HIS NEGROES.
An act to authorize the Justices of the Inferior Courts of
this State to bind out any free negro, mulatto or free
person of color between the ages of five and twenty-one
years,
SECTION 1. Re it further enacted, Ac., That from and
after the passage of this act it shall he the duty of the
Inferior Courts of the several counties in this State to
hind out to some fit ami proper person, all free negroes or
other free persons of color between the ages of five and
twenty-one years, upon its appearing to the Court by tho
evidence of two or more respectable persons that such free
negroes or persons of color are not being raised in a be
coming and proper manner; and upon the person to
whom said negroes or free persons of color are hound
giviug bond and sufficient security to said Court for their
good treatment, and not to remove them out of the limits
of this State, and to discharge them from his or her ser
vice at the age of twenty-one years.
See. 2. Ami ho it further enacted, Ac., That if any per
son or pontons to whom such negro or negroes or other
free persons of color is bound, shall sell or cause to bo
sold into slavery such negro or free person of color, ho,
she or they shall he guilty of a misdemeanor, and on con
viction thereof, shall bo fined in a sum not exceeding live
thousand dollars, or imprisoned in the Penitentiary at
hard labor for a term of years not more than six, nor less
than two years, as the court may direct.
Sec. 3. And belt further enacted, Ac., That all laws
and parts of laws that militate against this act, he and
the same are hereby repealed,
Approved Feb. It*, 1K64.
An Act for the benefit of Free Persons ot color subject to
to taxation.
SECTION 1. Re it enacted Ac., That from and immedi
ately after the passagd of this uct, that it shall he the
dut y of all free persons of color in this State w ho are sub
ject to taxation, to register their names as such, annually,
in the county where their guardians reside,ami in case of
their absence, it shall ho the duty of their guardians to
register for them.
Sec. 2. And Ik* it further enacted. That it shall he the du
ty ot the Clerk to furnish each free person of color, after
having registered himself as such, a written certificate of
the same, officially signed, and the production of such cer
tificate shall be sufficient evidence to relievo such free per
son of color from any charge that may l>e preferred against
him for neglect or refusal to register himself in any other
county than the one in which his guardian may reside.
Sec. 3. Bo it further enacted. That all laws or parts of
laws repugnant to this uct, be and the same are hereby
repealed.
Approved Fob. 18th, 1864.
PL.ANTKHB AMD COTTON SKU.KUM.
An act for I In’ protection, in contain cohos, of limiters ami
cotton sellers within the State of Uoorgia.
SUCTION 1. Bo it enacted, Ac., That from anil after the
passage if this net, cotton ohl liy Planters ami Com
mission Merchants on cash sales, shall not lie consiileretl
as tlie property ol the buyer or tho ownership given up
until the same shall ho fully paid for. although it may
have been ilelivoreil into the possession of the htiver. any
law, usage or custom to the contrary notwithstanding.
.Sec. i’. Aml ho it further enactoil,'That any jierson ™-
gugediu the Imsiuoss of luiying cotton, either on his own
account, or for others, who shall hnv or engage to buy
• Itton on sale from a planter or commission merchant,
ml shall fail or Sofuso to pay for the same, and shall
H ike way with or dispose thereof, before lie shall have
J>aid for the same, shall ho deemed guilty of fraud and
siniheß/.lcmetit, ami shall he liable on eonvietion, to be im
■prisoned in tho penitentiary, not loss than one, nor more
than live years, at tho discretion of the jury trying the
case.
Approved V t ,b. ltith, 1854
liW TRIALS.
An act to regulute the granting of new trials.
SUCTION 1. Ho it enacted liy the Uenernl Assembly of
the State of Uoorgia, That front and after the passage
ol this act, it shall ho obligatory u|kui the Superior
Courts of this State to grunt new trials in all cases where
mi exception to any portion of the pleadings, may lie ille
gally sustained or illegally overruled by the presiding
Judge, against the applicant for anew trial; in all cases
where any evidence limy In'illegally submitted to, „r ille
gally witldichl from the jury, against the demand of such
applicant; in all rases where tho presiding Judge may
deliver an erroneous charge to the jury against such ap
plicant, or refuse to give a legal charge to the Jury against
such applicant, or refuse to give a legal charge in the
language reipicstcd w hen the charge so requested is sub
mitted in writing; and in all cases where any evidence
not merely cumulative in its character, but relating to
new material facts, shall he discovered by the applicant
utter the rendition of a verdict against him, mid shall lie
brought to tlm notice of the Court within the time now
allowed by law tor entertaining a motion for anew trial.
Sec. 2. And bo it further enacted, That it shall be ob
ligatory upon the Supreme Court of this State to reverse
tliejudgineut below, and award anew trial in every ease
where it shall appear that an error has been committed
in any of tho points enumerated iu the first section of this
ad, liy the Judge presiding at the trial of the cause.
bee. J. Aud bo it further enacted, That the Judges of
tho Superior Courts may have tho power to exercise a
Hound discretion in granting new trials in can's when’
tlie verdict may lai decidedly and stnuigly against the
weight of evidence, although tlicro may appear some
►light evidence in favor of finding; and tlm Supreme
Court shall havo power to revise and control such discre
lionary |K>wer iu tho Superior Courts.
Approved Feb. 20th, 1854.
LlttldlHies of Railroad Companies. !
An act to define the liabilities of thesevmal Iptilroau j
Companies of this Mato for injury to, or desiraction ot .
live stock killed or injured, or for destruction ot, or in
jury or damage to property other than live stock by tho
running of cars, engines or locomotives, or by the ope
ration or use of any machinery whatsoever upon a rail
road iu this State or damage done, or caused to be done
by the ugent or agents, person or persons in the employ
of any Railroad Company or Companies, to regulate
the mode of proceeding and define tho costs in such
cases and to repeal conflicting laws, for remedy w hereof,
ri ECTION 1. Ro it enacted, Ac., That from and after the
passage of this act, the several Railroad Companies ol
this Htate shall be held liable under the rules hereinafter
prescribed for any damage done to any live stock or other
property except for the assessment ot damages for light
of way to the owner or owners thereof by the running ot
cars, locomotives or other machinery upon their loads
respetively, and for damage done by any person or per
sons iu the employ or service of such Railroad Companies
and for damages done by any such company by any means
whatsoever.
See. 2. Re it further emu tod, Ac., That any person
whose stock Inis been or may Im killed, wounded or in
jured, or whose property Inis been destroyed or damaged
(except as before excepted by the running of any cars,
engines or locomotives or other machinery used by a
Railroad Company) on any railroad by any act done by any
person or persons iu the employ of a Railroad Company
or the officers, agents, engineers und conductors ot any
such company to serve with a written notice describing
the kind of stuck killed, crippled or injured, and the par
ticular kind of property damaged or destroyed, which no
tice shall contain a atatomeut of tin* time ami place, as
can he ascertained, when and where the damage was done,
and may be served personally upon any employee ot such
company, at any place where such officer or agent in the
employ or service of such company may be found, at least
three days previous to tho day of trial, or by leaving a
copy of such notice at the residence of such employee,
five days previous thereto, and which notice shall be
served t any time within fifteen days after the happen
ing of the injury complained of and not after, which ser
vice shall be deemed and held in sufficient notice to such
company to me Court to proceed to give Judg
n.wii os ill < uses of debt.
Approved Feb. 20th, 1854.
Prefer anew to Pero*s in Poiftessffe*
An act to secure a preference to persons in possession, In
applications for grants under laws pertaining to head
rights.
SECTION 1. Re it enacted, Ac.. That from and alter the
_ passage of this act, any person having possession of
ungranted lands, shall have a preference over all other
persons applying for a warrant of survey under the laws
pertaining to head rights, and, before any such warrant
of survey shall Ih) issued, ten days notice shall be served
upon the person in possession, of the intended application,
and describing the land to be surveyed, and shall be re
turned as having been served by the Sheriff of the county,
who shall receive for such return, the sum of two dollars,
to In* paid by the applicant for tho warrant.
See. 2. Ami be it further enacted, That the Secretary ol
State shall not attach the seal < f the Htate to any grant
under head rights, until the applicant shall furnish to
him the certificate of the Sheriff of the county where the
land lies, stating that the notice herein required, has been
given, or that no person other than the applicant fora
grant is in possession of the land proposed to be granted,
and all grants issued without a compliance with this act,
shall he void ; Proveded that nothing herein contained
shall he so construed as to apply to any land not in pos
session of any other person than the applicant.
Approved Feb. 17th, 1854.
Remedy inimt Intruders on hand.
An net to protect the ow ners of lands or tenements against
intruders, and to provide a remedy for land owners in
certain eaHes.
SECTION 1. Ro it en;u-ted, Ac., That from and after the
passage of this act, the following shall be a summary
process for ejecting intruders from the ]M*ssession of lands
and tenements. When any person shall subscribe an affi
davit before any officer qualified to administer an oath,
stating that he, for himself, or as agent for some other
named person, does, lx.na fide, claim the right of posses
sion to any laud or tenement, (describing it) and that such
land or tenement is in the possession of a named person,
who does not iu good faith claim a right to such posses
sion, and yet refuses to abandon the same, and when such
affidavit shall he delivered to the sheriff of the county
where the land or tenement lies, then and in that case, it
shall bo the duty of the sheriff, at the earliest practicable
day, to exhibit such affidavit to the person described as
being in possession of tho land or tenement, and to turn
such person out oi‘ the possession, unless the person so in
possession, shall at once tender to the sheriff a counter
affidavit, stating that he does, in good faith, claim a legal
right to such possession of such land or tenement.
Sec. 2. The sheriff shall be a competent officer to admi
nister an oath, for the purpose aforesaid, to the person in
possession, und he shall receive, for the service prescribed
by this act, the sum of two dollars, to be paid by the ap
plicant for the process.
Sec. 3. Whenever an affidavit, in tho terms of the first
section of this act, shall be tendered to the sheriff by tho
person in possession, then and in that case, the process
prescribed herein shall he stopped, the contending parties
shall be remitted to their respective rights, and the sheriff
shall deposit both affidavits iu the office of the clerk of the
Superior Court of tho county in which the land lies, upon
which an issue may bo made up and tried by a jury, ac
cording to the laws of this State, and if the finding is for
the Plaintiff or movant, the clerk shall issue, upon tho
judgment, a writ of habere facias possessionem, Including
a ti. fa. for the cost.
Hoc. 4. And Ik* it further enacted, That whenever a per
son shall he tho tenant of another, upon land at will or
sufferance, or in any other way, when there is no contract
for rent, that the landlord may proceed to recover posses
sion of the same, in the manner prescribed by* the rent
laws of this State*; to he returned and tried iu tho same
manner, except that there shall he uo verdict judgment
for any double rent.
Approved Fel>. 14, 1864.
LIEN LAWS.
An uct unieudutory of an act to give to Masons and Car
penters an incumbrance for debts due on account of
work done, and materials furnished in building or re
pairing hoi:yes und the premises to which they are
attached, and to repeal all laws on the subject so far jis
relates to the counties of Richmond and Mclntosh, and
in the cities ofHuvnunuh and Columbus, assented to tho
22d day of Heptember, 1834, and of an act to extend to
the several counties in this State the provisions of said
act, assented to LSth day of December, 1837, and to ex
ted the provisions of said act to Machinists, who shall
furnish or put up in any county in the State, steam
mills or other machinery, or w ho may repair the same.
SECTION 1. Re it further enacted. Ac , That, from und
utter the passage of this act, any Machinists, who
may furnish or put up in any county in this Htate, any
steam mill or other machinery, or who may repair the
&uuc, shall be entitled to tlic same lieu on such machine
ry, and the premises to which the same may be attached,
and may enforce such lien in the same mauuor, and with
like benefits, privileges and restrictions as is by said acts
extended to Masons and Carpenters.
Approved Feb. 18th, 1864.
PENAL COKE.
And uct to add tin additional section to tne 13th division
of the l’enal Cede.
SECTION 1. Be it enacted by the Senate and House of
Uepresentalives of the State of Georgia in General
Assembly met, and it is hereby enacted by the authority
•if the same. That from and after the passage of this uct,
it shall nut Ik* lawful for any merchant, tradesman or
shopkeeper, by himself, his clerk or agent to have closed
tlie front door of liis store or shop, whilst engaged iu
selling to, or buying from or in any wise trading with a
slave or slaves, or lree persons of color, and any person
guilty of a violation of tho provisions of this section,
shall be guilty of a misdemeanor, and on indictment and
conviction thereof, shall pay a fine of not less tliuu one
hundred nor more than two hundred dollars, one half
of said fine to lie paid to tho informer, unil on failure of
the iierson convliileii to pay said fine, ho shall be im
prisoned in the common jail of the county at the discre
tion of the court.
So*'. • And be it further enacted by the authority
aforesaid. That if any slave or slaves or free persons of
color, shall bo found in any store or simp, or going in or
coining out from the same, with the front door or doors
thereof closed, (except for ingress or egress) it shall be
taken and received as presumptive testimony against tho
person or persons keeping said store or shop, of u violation
of the first section of this act, which presumption may
l>o rebutted, by any other circumstances in favor of tlie
licensed.
See. 3. And lie it further enacted, That all laws und
parts of laws militating against this act, be and the same
are licrebv repealed.
Approved Feb. 20tli, 1854.
An act to amend the second section of an act entitled an
act to repeal the forty-eighth section of the fourth di
vision of the l'ctiul Code, so for as it relates to capital
cases, and add u iww section in lien thereof, assented to
December 27th. 1843.
SECTION 1. lie it enacted, Ac., That an addition to
oaths administered to Jurors in eases where the pun
ishment is death for the future, the following question
shall Ik> propounded ; Have you any conscientious scru
ples us to capital pmiisment / Aiid if tho Juror an
swers in the affiruiitive, lie shall ho an incompetent
Juror, any law or usage to the contrary notwithstanding.
Fee. 2. And be it further enacted liy tho authority
aforesaid. That all laws and parts of‘laws militating
against this act, lie and the same are hereby repealed.
Approved Feb. 10th, 1854.
WIDOWS AND OK PI IA NS.
An act to amend an act for the relief aud support of
widows and orphans, and of the estates of tlieir deceased
husbands and parents, assented to Dec. 27th. 1838.
O ECTION 1. IU I it enacted, Ac.. That from and after the
O passage of this act. it shall lie the duty of the Courts
of Ordinary of tho several counties iu this State, upon the
application of the widow and children, or even of tho
willow or child of any testator or intestate, to pass un order
making the allowance authorized by the first section of
the above recited act. provided that at least ten days no
tice of the time when such application w ill bo made, is
first given to the Executor, or Administrator, representing
tlie estate of such testator, or intestate; and provided fur
ther, that said allowance may bo made iu money or prt>-
porty, or I Kith, at tlie discretion of the Court.
Sec. 2. Aud be it further enacted, That all laws, and
parts of laws, militating against this act. Ik- and the same
are hereby repealed.
Approved Feb. 15.1854.
BILLS OF LADIMCJ ~
For Steamboats, neat and con*ctly printed ultbis office.
PATROL LAWS.
An uct to amend the patrol laws in this Htate.
. LOTION 1. Re it enacted, Ac., That it shall be the du
ty of the Justices ot the Interior Court ot the sevciai
counties of thi? Htate at tho first term ul said Courts alter
the passage of this act and annually at the first term oi
<aid Court iii every year, to appoint three proper and suita
>io persons in each militia district of their respective
counties, who shall be known and designated as Patrol
Commissioners, whose duty it shall be aa hereinafter
specified, and the Clerks of the Inferior Courts are here
by required to notify said commissioners of their appoint,
ment, in the name manner, and under the same penalty
as they ore now required by law to notify Road Commis
sioners of their appointment, and in the event uxiy per
son designated as commissioner docs not tender his resig
nation to someone of the Justices of the Inferior Court
within ten days after being duly notified by the Clerk, he
shall Ire considered as having accepted of the appoint
ment. and in case of refusal, resignation or death, the
Inferior Courts shall fill the vacancy produced in the
same w ay as now provided for filling vacancies occasioned
by tlie refusal or resignation or death of Road Commis
sioners.
Hec. 2. Ro it further enacted, That said commissioners
after having taken un oath, faithfully to discharge their
duties as prescribed by thia act, shall, within fifteen days
after being notified of their appointment, at the Court
House or ut some place which they select in the district
in which they reside and make out a list ot the names ot
all persons in their districts who are required by the law's
now of force to perform patrol duty and arrange and or
ganize from raid list two or more companies not having
more than ten in each company, und the said commission
ers shall lay oft’ their respective districts into as many di
visions as they shall organize companies, and assign to
each company u division, and no company shall he com
pelled to perform patrol duty beyond the limits of the
division which may be assigned to it.
Hoc. 3. Re it further enacted, That it shall be the duty
of the said commissioners from each company which may
be organized, to select and appoint some discreet person
as Captain, who shall be of good moral character and
not less than twenty-five years of age, and the person so
selected shall have the same authority as the cuptains of
patrols now have, und shall demean himself in every
respect as he is now required to do by the laws ot tl
State. The Captains of patrols shall be notified oi their
appointment in writing, within ten days after the meeting
ol the com missioners and notification to each captain
shall be accompanied w ith a list of tlie names of the per
sons belonging to his company, and a notice of only one
day from the captain to the members of his company
shall be sufficient to require an attendance at the time and
place the captain may direct, and perform the duties
which may be required. If any commissioner or com
missioners shall iail or neglect to discharge the duties
which are herein required, within twelve months after
their appointment, without a good and reasonable excuse
to be judged of by the Justices of the Inferior Court, he
or they shull be lined by said Court a sum not exceeding
twenty dollars for every failure or neglect, and if the
cuptains of patrol companies shall refuse, fail or neglect
to call out their companies within twenty days alter
being notified of their appointment and as often as once
every fifteen days thereafter during the six months en
suing from the time of their appointment, they shall be
fined by the commissioners upon sufiiccnt proof thereof
being made to th* in, in a sum nut exceeding ten dollars,
for every such refusal, failure or neglect, and if any per
son belonging to a company, after being duly summoned
or notified, shall fail or refuse to attend at the time and
place designated for the purpose of performing patrol du
ty or when in active service shall deport himself insolent
ly to the captain or in any manner contrary to the exist
ing patrol laws, he shall be fined in a sum not exceeding
five dollars for every such offence.
Hec. 4. And be it further enacted, That it shall be the
duty of the Captains to report all delinquences to the
commissioners within twenty days after they may occur,
and all cases of disobedience or insubordination or de
fault, shall be considered and determined in the same
manner as road commissioners now consider and deter
mine cases of default as to overseers and persons sub
ject to work on roads, and all fines imposed shall be col
lected in the same way as the law now prescribes for
the collecting of lines imposed on defaulting overseers
and persons liable to work on roads, and all fines imposed
and collected by this act, shall be paid to the ordinary or
commissioners of the poor school fund of the county, and
become part of said fund.
Hec. 6. Ik* it further enacted, That if any person or
persons whatsoever, shall by force or otherwis, oppose
any patrol company or member of any company whilst
engaged in the discharge of their legitimate duties, or
shall prevent or endeavor to prevent a search and exami
nation being made of negro houses, or any other place
where it may be supposed or suspected that any negro
liable to be punished may be concealed, or shall annoy or
menace any company or member of any company, whilst
in the performance of patrol duty, he or they may be in
dicted in the Suporior Court for a misdemeanor, and upon
conviction thereof, shall be fined by said court in a sum
not exceeding fifty dollars, and that this law shall only
be enforced upon application of the citizens of the differ
ent patrol districts, as herein before arranged.
Hec. 6. And be it further enacted, That tho provisions
of the act passed the 18th of November, 1705, regulating
patrols in this Htate, and all other acts subsequent to that
time in relation to patrols are continued in full force, ex
cept-so far as they conilict with this act. Provided that
the provisions of this act shall not extend to the counties
of Bulloch, Carroll, Bade, Hall, Hart and Rabun, and
that all laws and parts of laws militating against this act,
be and the same are hereby repealed.
Approved Feb. *2oth, 1854.
TAX.
An act to levy and collect a tax for each of tho political
years 1854 and 1555, aud thereafter until repealed.
ECTION 1. Bo it enacted by tlie Senate and House of
£5 Representatives of the State of Georgia, in General
Assembly met, aud it is hereby enacted by tlie authority
of the same, That the Ist, 2d. 3d, 4th, 6tli. 6th, 7th. Bth,
9th, loth, lltli, 13th, 14th, 16th, 17th, 18th, 19th, 20th,
21st, and 22d sections of an act, entitled an act to levy and
collect a tax for each of the political years 1852 and 1853,
and thereafter until repealed, approved January 9th, 1852,
and the 12th and 15th sections thereof, as hereinafter
altered anil amended, be and the same are hereby conti
nued in full force until repealed.
Biv. 2. Be it further enacted, That the 12th section of
said recited act, be so altered as to read as follows: That
the receivers of tax returns throughout the State, shall
administer to each and every person giving in his or her
taxable property, tho following oath, to w it:
You do solemnly swear, or affirm, (as the case may he,)
that the account which you now give in is a just and true
account of all tho taxable property which yon were pos
sessed of. held or claimed, on the first day of April last, or
were interested in or entitled to, either in your ow n right,
oi- the right of any other person or persons whatsoever, as
parent, guardian, executor, agent, administrator, or trus
tee. or in any other manner whatever; and that the valu
ation which you have affixed thereto, is a just anil true
valuation of tho same, as nearly as you can arrive at it,
to the best of your know ledge and belief—So help you
God.
Sec. 3. And he it further enacted, That the 15th section
ot said recited act, shall he so altered as to read as follows:
That tho amount so required to he assessed and collected,
shall not exceed tho sum of four hundred thousand dol
lars. annually, exclusive of tlie commissions of tho Recei
vers and Collectors.
Sec. 4. And bo it further enacted, That an act supple
mentary to the above recited act, approved Jan. 21st. 1852,
be and the same is hereby revived and made supplemen
tary to this act. Provided, that tlie amount to be raised
under the first section of said act, shall not exceed tlie sum
specified in the third section of this act.
Sec. 6. And be it further enacted. That upon the seve
ral rail road companies of this State nsw hi operation, or
that may hereafter go into operation,’ whose charters do
not exempt them from such taxation, there shall be levied
and collected, in the manner now provided by law for tho
collection of taxes from corporations, tlie same per centum
tax upon the whole amount of their capital stock, inclu
ding hills, bonds, notes, and all other obligations due or
to become due them, as is levied upon stiwk in trade un
der the provisions of the laws of force for the levying and
collecting of taxes for the support of the Government.
See. 6. And be it further enacted, That Receivers of tax
returns shall have until the Ist of August to return their
digests.
Approved Fob. 17, 1854.
Ilnurs of Lnboi- iu Manufacturing Es
t ablislinieut s.
An act to settle and fix the hours of labor by all white
persons under twenty-one years of age. in all cotton,
woolen and other manufacturing establishments in this
State, and to inake all contracts to labor in said facto
ries for a greater length of time than herein proscribed,
null ami void, und to punish violations of this net.
SECTION 1. Be it further enacted, Ac., That from und
immediately alter the passing of this act, the hours
for labor by all white persons under twenty-one years of
age. iu all cotton, woolen or otlu-r manufacturing estab
lishments in this State, shall be, and the same arc hereby
settled and fixed at and from sun rise until sun set, in
cluding therein the usual and customary time f-r meals.
Sec. 2. And be it further enaeted. Ac., That all contracts
made or entered into, whereby a longer time for labor in
each day shall he required ol the before described persons,
shall be null and void, so far as relates to tlie enl'orccmen
of said contracts against said before described persons, any
law. Usage or custom to tho contrary, notwithstanding
Bcc. 3. And bo it further enacted. That any person di
rectly or indirectly concerned, either as parent, guardian,
or officer or agent of any manufacturing establishment,
ill any contract for labor that is prohibited by the peered
ing section, shall be guilty of a misdemeanor, nnd on con
viction shall be lined in a sura not exceeding one hundred
dollars, or Ik- imprisoned in tho common Jail not exceed’
ing sixty days. ‘ ‘
Approved Feb. 20th, 185 ‘
INSOLVENT LAWS.
An act to amend the Insolvent laws of this State.
SECTION 1. Bo it further enacted, Ac.. That whenever
kj* any insolvent, under the insolvent laws of this Ftate,
shall set forth in bis schedule anv interest in remainder
or reversion, the Court shall order the same to Ik- assigned
as other property contained in the schedule of said insol
vent to some suitable is-rsmi to Knllcct for the benefit of
the creditor or creditors in interest, which assignee shall
advertise said interest in remainder or reversion in the
sunn- manner as Sheriffs, and shall expose the same to
public sale in the same manner and make such deed nr
conveyance ot the same as Sheriffs are authorized to do,
and shall account for the prod ceils in tlie same manner as
is now required of assignees by the insolvent law
, c. 2. And be it further enaeted. Ac.. That all laws and
parts of laws militating against this act, be nnd the same
are hereby repealed.
Approved Feb. 18th. 1864.
TRADING WITH SLAVES.
An act more effectually to prevent trading with slaves
and furnishing them with intoxicating liquors, and to
prohibit Indians in Talbot county from selling or fur
nishing liquor to slaves.
\\J IIEREAH, license for tho retail of spirituous liquors
V V has been granted, in some of the counties of this
Htate to free persons of color, or to w hite persons acting
as their guardian, agent or assistant, thereby evading tlie
laws upon the subject, and encouraging an improper tra
ding with slaves—for remedy whereof:
Section 1. Re it enacted, Ac., That from and after the
passage of this act, it shall not be lawful for any free per
son of color to sell or dispose of any spirituous liquors,
cordials, wines, ale, beer or porter, or any other intoxica
ting liquors, or to keep open any house, shanty, or any
other place, for the bale or disposal of such liquors, either
in his, her or their own name, or in the finme of his, her
or tlieir guardian, or in the name of any white person or
persons, as partner, clerk, agent or assistant in such busi
ness, or as ugent or assistant to any white person or per
sons.
Hec. 2. And be it further enacted, That euch and every
free person of color, and each and every white person;
who shall violate the first section of this act, shall, whether
principal, or only agent or assistant, be deemed guilty of
a misdemeanor, and shall be tried therefor as hereinafter
directed, and upon conviction thereof shall be fined in a
sum not less than one hundred dollars, und upon failure
to pay such fine, shall be imprisoned in the common jail
of the county for six months, if a white person, or if a
free person of color, shall receive thirty-nine lashes.
Hec. 3. And be it further enacted, That from and after
the passage of this act, any free person of color, or slave
acting for himself or any other person or persons, white
or colored, who shull sell or furnish, to any slave or slaves,
any goods, wares, or produce, except such articles as slaves
are permitted by law to trade in, shall he deemed guilty
of a misdemeanor, and upon conviction thereof, shall, for
the first offence, receive thirty-nine lashes, and he lined
fifty dollars, and imprisoned until said fine is paid, and
for the second or any subsequent offence, shall receive
fifty lushes, and be fined one hundred dollars, and ho
imprisoned untit said fine is paid, and if the same is not
paid within three months, shall be sold for such length of
time as will produce a sum sufficient to pay such fine and
cost.
See. 4. Anil l.u it further enacted, That any violation
of this act, if tlie same bo by a white person, shall ho tried
by the Superior Court, and if tlie same be by a free person
of color, shall he tried by the Justices of tho Peace, as
prescribed in relation to other minor offences in tlie county
where tlie offense is committed, and within ten days after
the arrest of the offender.
Sec. 6. And he it further enacted, That the second sec
tion of this act, and the penalty therein prescribed, shall
apply to any Indians in the county of Talbot, who may
sell or furnish spirituous or other liquors, to any slave oi
slaves, and shall be fined and punished as in this act di
rected, in relation to white persons.
Sec. ti. And be it further enacted, That all laws, and
parts of laws, militating against this act, in’ and tlie same
are hereby repealed.
Approved l'eb. 17,1854.
KEC'ORDING~ IMiTRI MEKTS,
An act to admit to record, certain instruments, and to
authorize oaths to he administered in certain cases, by
persons herein named.
Li FICTION 1. Re it enacted, Ac., That any instrument
O which would be admissible to record, if executed, or
acknowledged before two witnesses, one of whom is a Jus
tice of the Peace, shall be admitted to record, and have
all the legal incidents of a recorded instrument, if exe
cuted or acknowledged before two witnesses, one of whom
is the Ordinary or Clerk of tho Interior Court, Sheriff'.
Deputy Sheriff, Tax Receiver, Tax Collector or County
Surveyor of the county in which the instrument is exe
cuted or acknowledged, or Mayor, or Intendent, or Com
missioners of any incorporated town or city.
Sec. 2. And he it further enacted, Ac., That ail persons
appointed under the laws of this State as commissioners
or processioners of land, or appointed appraisers of tlie
estate of deceased persons, or to distribute any estate of
partitioners of lauds or commissioners of the assignment
of dowers, or commissioners of roads, or appraisers of
damages lor injuries done by railroads or the cars or en
gines thereof, arbitrators and all other persons of whom
two or more are appointed by law to do any particular
act, and required to take oath for its proper performance
may, and they are hereby authorized to take and sub
scribe the oath necessary to he taken in such cases, before
eacli other, and they shall be subject to tiro same pains
and penalties as though said oaths had been taken before
any person now authorized by law to administer oaths in
such ciises.
Sec. and. And he it further enacted, That all laws und
parts of laws, militating against this act, be and tlie same
are hereby repealed.
Approved l ei). ISth, 1854.
PAGE’S IMPROVED
PATENT CIRCULAR SAW MILL.
GEORGE PAGE & CO.,
N. SciiKOEDER St., near West Baltimokk Street,
Baltimore, Maryland,
RESPETFULLY inform tlieir friends and the public
generally, that they have greatly enlarged their
manufacturing establishment, and that their facilities are
now such as to enable them to execute all orders, with
promptness, for their celebrated
PATENT PORTABLE CIRCULAR SAW MILLS
which have given so much satisfaction throughout the
Union, as also Steam Powers of all sizes and kinds, Ilorse
Powers, Grist Mills, Corn and Cob Crushers, together
with various other machines and implements to econo
mise labor.
Since their Circular Saw Mills were invented by, and
patented to, their senior partner, they have made many
improvements, which render them perfect in all their
details, and justly entitle them to he considered among
tlie greatest labor-saving inventions of tho age.
A Pamphlet containing full descriptions of their three
classes of Mills, prices, terms, capacity for sawing, Ac.,
will be sent to any gentleman applying for- je by letter,
postpaid
Having recently obtained damages in action brought
in the United States Circuit Court for tho District of
Maryland, for an infringement of their Patent Right,
they hereby forworn tiie public from purchasing Mills
similar to theirs from unauthorized builders or their
agents.
Address George Page & Cos., N. Schroeder, near Balti
more street. Baltimore. Maryland.
GILMER A CO. Agents,
jly-ddiu Montgomery, Alabama.
USE THE magic impression.
P PAPER FOR WRITING WITHOUT PEN OK INK,
Copying Leaves, Plants, Flowers, Pictures, Patterns
for embroidery, Marking Linen Indelibly, and Manifold
Writing. This article is absolutely tlie best portable ink
stand in the known world, for a small quantity folded
and placed in the pocket, constitutes a travelling Ink
stand, which cannot he broken. No pen is needed, for
any stick sharpened to a point, writes equally as well as
the best gold pen in the universe. For drawing, it is in
disputable. It is, indeed, tho whole art of drawing and
painting—taught in one lesson. Any leaf, plant or flow
er can be transferred to tho pages of an album, with
a minute and distinct resemblance of nature. ‘ With
equal felicity, pictures and emqroidery pattern are taken,
and have received the highest enlogiums from the fair
sex, and indeed, a more tastful present for a lady could
not he produced.
This Magic Paper will also mark linen, or other articles,
so as to remain perfectly indelible. All the washing in
the world fails to bring it out. Any child can use it with
perfect case. W ith this Magic Paper, likewise, one or four
copies of every letter written can he secured without any
additional labor whatever, making it tho cheapest and
most convenient article extant. It is used to great ad
vantage by reporters of the public press, telegraphic ope
rators, and hosts of others.
Each package contains four different colors—black,
blue, green and red, with full and printed instructions,
for all to use, and will last sufficiently to obtain Five
Hundred distinct Impressions.
it is put up in beautifully enameled colored envelopes,
with a truthful likeness of tlie proprietor attached. Each
and every package warranted.
Price—s 2 per dozen, or five for sl. Single packages
*25 cents. Mailed to all parts of the world on the recep
tion of tho above prices. Address, post-paid,
N. IIUBUELL,
lti7 Broadway, New York.
OPINIONS OF THE PRESS.
llubueil’s Ma<uc Impression Paper.—We refer our
readers to the advertisement in another column setting
forth the merits of this pleasing and ingenious invention.
The cheapness should induce all to give it a trial.
. [Philadelphia Merchant.
H ls unsurpassed for neatness and utilitv, and should
meet with the sale it so richly deserves.”—[Tribune.
•‘.lnst what tlie public has so long desired, nnd recom
mends Itself to every individual of taste und refinement.”
July-dtf [Journal and Courier.
ASBURY FEMALE INSTITUTE.
La Fayette, Alabama.
•I. Wesley Stacy, a. m., Principal.
Mas. M. L. Stacy, ) Teachers in Literary
Miss E. Bacuelder, j Department.
riMIL e xercises of this Institution will be resumed on
_L the 2d Monday in January, 185(i.
Kates of Tuition, per Scholastic Year.
Primary Department oo
Preparatory Department -J5 no
Ist and 2d Department College course 82 U 0
od and 4th tl ** ‘ a qy qq
Music on Piano . 50 00
local Music taught without extra charge.
Speedy arrangements will be made to procure a suita
Me teacher to take charge of the Musical and Ornnmen
tul Departmeiil.
The Principal is an alumnus of Emory and Henry Col
lege.Ua.—has large experience in teaching, and comes
highly recommended, both as to character and ability for
imparting instruction.
Situated in the bosom of a beantiflil and healthv vil
lage, furnished with all the facilities necessary to the ac
quisition of a finished education, the Institute strongly
commends itself to the patronage of an Intelligent pub
lic. *
Board can be obtained iu several respectable families
on reasonable terms.
K. O. Richards, J. T. llrock,
Caleb Holloway, John C. Towles,
John W. Hewell, E. 11. Muse.
Wm. J. Adams, A. M. Presley,
J. F. Dowdell, Trustees.
December 21. 1855. ts
i AMERICAN COTTON PLANTER
FOR 1856.
riMIE Fourth Volume of tho American Cotton Planter
4. will commence with the January number.
in thus formally announcing the Prospectus f ur tlu,
Fourth Volume, we have but a few short. paragraphs to
add, sanguine in the belief that, with the intelligent,
dust lions patrons of progressive improvement in the
Agriculture, Mechanic Arts, Manufactures of tlie Plant
ing States, and especially Alabamians, the past history (l s
the Cotton Planter is its highest commendation.
In the first place, we remark to our friends and readers
that the Editor, Dr. Cloud, has again become the Publish,
er and Proprietor; and we hereby assure our readers
emphatically, that iu future the Cotton Planter slmll
sue promptly by the first day of each mouth.
Flushed with victory in tlie magnificent Exhibition of
Alabama’s Industry, as demonstrated in the triumphant
success of the first Annual Fair of the Alabama State
Agricultural Society, the Cotton Planter “will take no
step backward” its progress is onward and upward to the
highest niclio of improvement.
It is hoped earnestly by the Editor and proprietor, and
by the members of tlie Society, that the Planters and
Farmers, the Mechanics und Manufactures of Alabama,
will rally en masse to tlie support of Alabama’s only (ex
clusively) Industrial Periodical, tlie Organ of the Ala
barna State Agricultural Society, that its efficiency may
be unfettered in the great work of developing the im
measurable resources of the Keystone State of tlie South,
” Devoted to Improved Plantation Economy, Manufac
tures and the Mechanic Arts,” the object of tho Anieri
an Cotton Planter is to
c Improve {lie Soil and tlie Mind,”
With a corps of correspondents, numbering many of
the most practical as well as scientific minds of the South,
we feel assured we sliali be able to visit our patrons on
the first of each month, to their entire satisfaction ami
profit. , ,
Every family in the country, wliataver msy be their
avocation, should patronise some Agricultural paper; 1-.
cause there is no reading matter published to tlie world
so innocent, and at tho same time so practically profita
ble in all tlie walks of life as that obtained in a good agri
cultural Periodical. The American Cotton Planter will
issue promptly by the first day of the month. It will hi
uniformly printed in magazine style, on good white pa
per, with new and fair type, securely stitched and trim
med. ,
Our Horticultural Department will he sustained, as
heretofore, by a gentleman of practical experience, .Mr
E. A. Halt, of Montgomery.
Terms s
One copy, in advance $ 1 00
Six copies “ 5 00
Twelve copies “ 10 00
Clubs or Agricultural Societies, 100 copies 75 00
All communications, either for the columns of the Plan
ter, or containing remittances, ordering the paper, must
be addressed to Dr. N. B. Cloud, Dockland Post Office,
Alabama.
Subscriptions should commence with the volume.—
Newspapers friendly to the work, throughout tlie State,
will confer a favor by copying tho Prospectus.
Our exchanges will please direct to Dockland, Ain.
BROWN’S
WASHING MACHINE.
riMIE Inventor in introducing liis new Rotary Washing
_l_ Machine to tho notice of tlie public, docs so with the
confidence that in all cases where a fair trial is given,
they will be as they have been by those who have used
them, pronounced to be the best Machine for washing
now in use, and capable of performing more work iu far
less time mid with less damage to tlie clothes than any
other Washing Machine now made.
He claims for this Machine, that it will clcauso the
clothes from dirt in 15 to 30 minutes and leave them en
tirely clean, ready for boiling and rinsing.
It will do an ordinary day’s washing in an hour nnd
does not wear the clothes more than one-tenth as much as
when washed by hand.
It is adapted to washing from the finest Muslins to the
coarsest clothes, Blankets and Carpets.
It can be worked by women or even a 12 year old boy,
and is so simple in its construction that almost any body
can repair it^—if it should ever need it—apd will with or
dinary care last from 5 to 10 years.
-Stir-One of the great merits of this Machine in addition
to tlie facility iu washing—is that the. clothes are not worn
old by washing. By tlie ordinary process of washing
clothes are more injured than by wearing. This advan
tage together with the fact that it will do ten times the
work of hand labor, should induce every Hotel, Boarding
House, and family to have one.
These Machines are sold for Cash only, delivered at our
shop—price sl3. Directions for using sent with every
machine.
Manufactured by
CLEMONS, BROWN & CO,
We refer to a few of the many who have bought mid
used the Machines, viz :
Gen. Bethune, Columbus, Elisha Trammell, “
Dr. A. Pond, “ GeorgeT. Hurt, Russell co.
A. M. Allen, “ Chas. A. Peabody, “
John W. Hurt, “ Hopson Smith, “
John Hudson, of tlie firm of A. Lowtlier, “
Threewits, Holt & Cos., James Torbut, “
Thomas DeWolf, “ B. Whit hurst. “
Charles Wise, “ W. A. McGruder, “
R, E. Dixon, “ George McGehee, “
Dr. Urquhart, “ Walton B. Harris, “
P. A. Clayton, “ W. G. Williams, “
J. C. Brewer, “ D. Bullard, “
James R. Jones, “ R. N.R. Bardwell, Tuskcgoe
Charles P. Levy, “ J. C. Sale, Auburn.
J. Ennis, “ A. K. Bell, Montgomery.
Wm.Matheson, “ Jno. Gill Shorter, Eufauln.
J. AY. Thomas, “ E. E. Brown, Macon, Ga.
James Comer, “ Female College, “
Owen Thomas, “ Geo. T. Rogers, “
Capt. J. E. Davis, “ O. W. Massey, “
Rev. J. W. Talley, Oxford. W. S. Brautley, “
A. G. Slappey, Fort Valley N. Clayton, Chambers, co,
Col. Wellborn, Meriwether. N. W. Persons, Enon. Ain.
Columbus, November 6 2m
BANCROFT, BETTS & MARSHALL,
CHARLESTON, S. C.
CIBCULAIt FOR THE FALL OF 1855.
Wf B desire to call the attention of our friends, and
T T the buyers of Dry Goods throughout tlie West and
South-west, to our attractions for the Fall Sales id’ tho
present year.
Our business is now so well organized and arranged,
that we are better able than ever before to supply the
trade with a large and attractive Stock.
Our own importations will supply our Foreign Depart
ments with all the new and desirable fabrics from the
European markets, selected by one of the House resident
in Europe, and will bo particularly adapted to our market.
Our Domestic and Staple Goods Department will he
supplied with all the leading styles of Goods.;
It is, we believo, an acknowledged fact, that our stock
has always been one of the largest and most attractive
in this country ; and we also believe tlie best buyers havo
been convinced that our system of short profits and
pay is the most satifactory,
A\ e invite the attention of all close buyers to our
Large and Attractive Stock—but with the distinct un
derstanding that we sell goods only for cash, or good notes
payable in all cases at Bank.
Wo shall, from this date forward, adopt anew plan iu
connection with our Domestic Goods department. We
shall keep a full and completed assortment of Bleached,
Brown and Colored Cotton Goods, which will be sold only
for nett cash.
Our object in this is to supply the goods as low as they
are sold by cash houses in tho Northern cities. In order
to test this feature of our business, we only ask a com
parison of cash prices with time prices, nnd then we
leave the decision to the purchaser.
From tho three years experience since tho establish
ment of our business, we are enabled the more confident
ly to invite attention to our Stock and plans for business,
believing that we offer inducements second to no House
in this country.
BANCROFT, BETTS A MARSHALL,
jly-d3m 209 and 211 King st., Charleston, S. C.
SUPREME COURT.
An act to alter and amend an act passpil the 10th day of
December, 1845, to carry into effect that part of the
first section of the third article of the Constitution
which requires the establishment of a Supremo Court
for the correction ol errors, and lor other purposes, si*
as to reduce tho number of places for the sessions of
said Supreme Court, and to prescribe the duty of the
Clerk of said Court in certain cases, and for other pur
poses.
SKt 1 ION 1. Be it enacted by the Senate and House ol
Representatives of tho State of Georgia iu general
assembly met, and it is hereby enacted by the authority
ot the same, That said Supremo Court shall he lioldi-n at
the times and places following, to-wit: On the second
Monday in January and second Monday in June, in each
year, ior the First District’ to ho composed of the Eastern
and Middle Judicial Circuits, at Savannah; On the fourth
Monday in January nnd fourth Monday in June, in cadi
veat, for the Second District, to be composed of the Mu
eon Southwestern and Chattahoochee Judicial Circuits,
at Macon : On the fourth Monday in March and the si <
ond Monday in August, in each year, for the Third Di
triet. to he composed of the Flint, Coweta, Blue Ridge
aiid Cherokee Judicial Circuits, at Atlanta; On tho fourth
M.mdi.y in May und fourth Monday in November, in each
year, for the Fourth District, to he composed of the Wes
tern and Northern Judicial Circuits, ut Athens; On the
second Monday in May und November, in each year, for
tin- Filtli District, to be composed of the Ocmuleee and
southern Judicial Circuits, at Milledgeville
i f : < ' C 'r., A 'l b, ‘, it i' ul tller enacted, That it shall he the
duty of the Clerk of said Supreme Court to arrange the
eases on the docket of said Court by circuits; and it shall
also be his duty to give notice in one of the newspapers
piintou at the plooo where waiil Supreme Court is to he
held, of the order in which tho Circuits are arranged, and
every case that is docketed, before all the cases from that
Circuit are heard, and shall bo considered docketed in
time, and that errors may be assigned and issues joined
in said cases as called.
Sec. 3. And be it further enacted by the authority afore
said, That all laws and parts of laws, militating against
this act, be and the same are hereby repealed.
WILLIAM If. STILES,
Speaker of the House of Representatives.
DAVID J. DAILY,
President of the Senate.
Approved, December 22d. 1855.
lIEKSCHEL V. JOHNSON.
TOBACCO.
4‘J Boxes Tobacco, various brands, received and for
O sale by JAMES LIOON.