The daily sun. (Columbus, Ga.) 1855-1873, January 30, 1856, Image 4

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    WKIGIUXCi COTTON,
A:i act to niter null amend the tifth asdic*. >. .in act to
regulate the weighing of Cotto. an Jthe- oinmodi
ties in this State, approved Decanine.-Bth, 1806.
SKO. 1. Be it enacted, &c., That from and after the ]>h*-
aage qf thin act, the fifth section of un act to regu
late the weighing of cotton aud other commodities in
tlii* State, approved December Bth, 1806, shall he altered
and amended so as to read as follows: It shall not be
lawful for auy scalesman or other person in any of the
iiies, towns, villages, railroad stations or depots in this
S’.ite, to weigh any hale, hag 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 aud 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
authorized by law to administer un oath : “ I. A. 11., do
solemnly swear, (or affirm, es the cose may be,) that I
will justly, impartially and without deduction, weigh
all bales, hags or packages of cotton, tierces or half
tierces of rice, boxes or barrels of Indigo, and auy other
articlo or product disposed of by weight, that may he
brought to me for that purpose, and mark the truo
weight thereon without any deduction whatever, and
r.*rider 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 Ist day of Septem
ber, 1864.
Section 2. And be it further enacted, That the weigher
shall be allowed to mnke such deduction for wet or other
cause, (notwithstanding his said oath) which may be
rciiHonaole, when the seller or his agent shall consent
to his doing so; and be it further enacted, That all pub
lic scalesmen shall be at least eighteen years of age, and
that no slave or free person of color, shall be allowed to
weigh any of the articles of produce mentioned in the
above recited act.
Apppoved February 7tli, 1864.
COhOIiED HEAMEN.
An actio change the laws now of force in this State
relating to the arrival within the limits of this State
of colored seamen.
lirHKRKAS, the interest of coninu**"* *-< t uiru an
ff oJ to ratio u iinaiincation of the laws now of
!<rce relating to the arrival of colored seamen within
the limits of this State.
Section 1. lie it enacted Ac., That so much and such
parts of the laws of this State as require ships or vessels
• <oiling into this State by sea, having on l*ard any free
n**gro or free person of color employed as a steward,
mariner or in any other capacity, or as a passenger, to
he subject to a quarantine of forty days, he and the
same are hereby repealed.
Section 2. Aud be it further enacted, That it shall be
the duty of the master 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 Stato, to report to the mayor or
other chief magistrate or competent authority at the
place of arrival, the name, age description and capacity
of every free persou of color descended from negroes or
muliittoes, employed on board his vessel, and to obtain
a passport, from such authority, to permit such person
of color to land, it being wilhiu the discretion of such
mayor or other authority to grant or refuse said pass
port.
Section 3. And ho it further enacted, That in case a
tree persou of color so descended as aforesaid, so arriving
as aforesaid, shall he found on shore without such pass
port, or in Hie contravention of the laws of this State,
lie nhall be imprisoned until the departure of said ves
sel, and the master and owners of such vessel shall be
come jointly and 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, at the in
dance of such Mayor or other authority.
Section 4. Aud 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
ciple corporation or intendant or public chief magistrate
or authority, but in all such places the laws at this day
of force shall stand unaltered and unrepealed.
Approved February 7th, 1864.
EJECTMENT.
An act to amend the Judiciary act of seventeen hundred
and ninety nine, so far as to perfect service, served in
actions of ejectment lor the recovery of land, mesne
profits, and to aiu'md an act entitled complaints lbr the
recovery of real estate and for mesne profits.
WII EKEAS, it frequently happens that an individual
or individuals residing in one county, have their
plantations to extend over the county lino in an :wljoin
iug county | and whereas there is no provision in the stat
ute for the perfect ing of legal process on such persons in
actions of ejectment or complaint.
Do it therefore enacted, Ac., That from and after the
passage of this act, it shall he lawful for the Clerk of the
Superior Court of the county where such land may lie, to
issue process in behalf of the plaintiff or plaintiffs
against the defendant or defendants; which process shall
ho directed to the Sheriff’, or if the defendant he a Sheriff,
it shall he directed to tlio Coroner of the county wherein
such land may lie, and such Sheriff or Coroner, as the
case may be, shall he authorized to serve and return the
same, and such process and service shall be as valid as if
the same bad been directed to and served by the Sheriff
or Coroner of the county where such defendant or defen
dants may reside.
Approved February 20th, 1864.
FItEE HKGR.OBB.
An act to authorize the Justices of the Inferior Courts of
this State to bind out any five negro, mulatto or free
person of color between the ages of five and,twenty-one
years.
SECTION 1. De it further enacted, Ac., Tlmt 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 aud proper person, all five negroes or
other free persons of color between the ages of five and
twenty-one years, upon its appearing to the Court by the
evidence of two or more respectable persons that such five
negroes or persous of color are not being raised in a be
coming uihl proper manner; aud upon the person to
whom said negroes or free persons of color are bound
giving bond and sufficient security to said Court for their
good treatment, uiul 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.
Sec. 2. Ami be it further enacted, Ac., That if any per
son or persons to whom such negro or negroes or other
free persons of color is hound, shall sell or cause to Ik?
sold into slavery such negro or free person of color, he,
she or they shall he guilty of # u misdemeanor,and on con
viction thereof, shall he fined in a sum not exceeding five
thousand dollars, or imprisoned in the Penitentiary at
hard labor for a term of years not more than i.x, nor less
than two years, as the court may direct.
Sec. 3. And be it further enacted, Ac., That all laws
and parts of laws that militate against this act, he and
the same are hereby repealed,
Approved Feb. 16, 1864.
An Act for the benefit of Five Persons ol color subject to
so taxation.
SECTION 1. Be it enacted Ac., That from and immedi
ately after the passugd of this act, that it shall he the
duty of all free persons of color in this State who are suJ>-
ject to taxat ion, to register their names ns such, annually,
in the county where tlieir guardians reside, and in case of
their absence, it shall be the duty of their guardians to
register for them.
Sec. 2. And be it further enacted, That it shall be the du
ty of the Clerk to furnish each free person of color, after
having registered himself as such, a written certificate of
♦■lie same, officially signed, and the production of such cer
tificate shall be sufficient evidence to relieve such free per
son of color from any charge that may lie 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 fhrtlior enacted, That all laws or parts of
law's repugnant to this act, In* ami the same are hereby
repealed.
Approved Feb. 18th, 1564.
FLANTIRS AM> COT TON SEbLEItS.
An act for the protection, in certain eases, of Planters and
cotton sellers within the State of Georgia.
SECTION 1. Be it enacted, Ac., That from and after the
passage of this act, cotton sold by Planters ami Com
mission Merchants on cash sales, shall not be considered
as the property of tin’ buyer ortho ownership given up
until the same shall be fully paid for, although it may
h ive been delivered into the possession of the buyer, any
law, usage or custom to the contrary notwithstanding.
Bec. 2. And be it furl her enacted, That any person en
gaged in the business of buying cotton, either on his own
account, or for others, who shall buy or engage to buy
cotton on sale from a planter or commission merchant,
and shall fail or refuse to pay for the same, and shall
make way with or dispose thoroof, before he shall have
paid for the same, shall bo deemed guilty of fraud and
embezzlement, ami shall be liable on conviction, to bo im
prisoned in the penitentiary, not less than one, nor more
than five years, at the iliac r* turn of the jury trying the
onna.
Approved *Vb. 16th, 1864
NKVV TKIALN.
An act tn regulate the granting of new trials.
SECTION 1. Be it enacted liy the tienoral Assent lily of
the Stnte ot (leorgin, That from and after the iiassagc
ol this act, it shall be obligatory upon the Superior
Courts of this State to grant new trials in alt eases where
asi exception to any portion of the pleadings, may tie ille
gally unstained or illegally overruled by the presiding
Judge, against the applicant for a now trial; in all cases
where any evidence may la'illegally submitted to, or ille
gally withheld front the jury, against the demand of such
applicant; in all cases where the presiding Judge mav
deliver ait 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 rouucsted when the charge so tvijucstcd is sub
mitted in writiug; and In all eases whore any evidence
not merely cumulative in its character, but relating to
new material facts, shall he discovered by the applicant
alter til,, rendition of a verdict against him. and shall ho
brought to the notice of the Court Within the time now
allowed by law for entertaining a motion for anew trial.
See. 2. And bo it further enacted, That It shall bo ob
hgutory upon the Supreme Court of this State to reverse
tlie judgment Inline, and award anew trial in every ease
where it shall appear that an error has lioen committed
in any of the points enumerated iu the first lection of this
act, by tho Judge presiding at the trial of the cause.
Sec. a. Aud its it further enacted. That tho Judges of
t In 1 Su]icrior Courts may have the jiower to exercise a
sound discretion ill granting new trials in cases where
the verdict may be decidedly and strongly against the
weight of niih'ijco, although there inuy appear at*nit*
slight evidence in favor of finding; ami the Supreme
-Court shall have power to revise and control such discre
tionary power in the Superior Courts.
Approved Feh. 20th, 1854.
Liabilities of Rallroatl Conipnnb*.
An uct to define Urn liabilities of the several Eailrmd
Companion ot this State for injury to, ur dc.-u iicium ol
live stock killi'iJ or injured, or Mr dcsli uctioii 01, ui in
jury or damage to property other than live HOick by the
running of cars, engiuos or locomotives, or by the ope
ration or use of any machinery whatsoever upon a rail
road in this Htate or damage done, or caus’ and to be done
by the agent or agents, person or persons in the employ
of any Railroad Company or Companies, to regulate
the mode of proceeding ami define the costs in such
cases and to repeal conflicting laws, for remedy whereof.
SECTION 1. Be it enacted, Ac., That from aud alter the
passage of this act, the several Railroad Companies ot
this State shall las held liable under the rules hereinafter
prescribed for any damage done to any live stock or other
property except for tlie assessment ot‘ damages for right
of way to the owner or owners thereof by the running ot
cars, locomotives or other machinery upon their roads
rospetivoly, and for damage done by any ihtsoii or per
sons in the employ or service of such Railroad Companies
und for damages done by any such company by any means
whatsoever.
Sec. 2. lie it further enacted, Ac., That any persou
whose stock has been or may be killed, wounded or in
jured, or whose property has been destroyed or damaged
(except as before cxcepteii by the running of any cars,
engines or locomotives or other machinery used by a
Railroad Company) on any railroudby any uct done by any
jierson or persons in the employ of a Railroad Company
or the officers, agents, engineers and conductors of any
such company to serve with a written notice describing
the kind of stock killed, crippled or injured, and the par
ticular kind of projierty damaged or destroyed, which no
tice shall contain a statement of the time and place, us
cun lie ascertained, when and where the damage was done,
and may be served personally upon any employee ol 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 the day of trial, or by leaving n
copy of such notice at the residence of such employee,
five days previous thereto, and which notice shall be
served at *^'** c, fifteen days after the happen
ing ol tlie injury complained of and not after, which ser
vice shall in* deemed ami held as sufficient notice to such
company to authorize the Court to proceed to give Judg
ment as in cases of debt.
Approved Feb. 20th, 1864.
Preference to Persons in Possession.
An act to secure a preference to |K.*rsons in \M>session, in
applications for grants under laws pertaining to head
rights.
SECTION 1. Be it enacted, Ac., That from and after the
passage of this act, any person having possession of
un granted lands, shall have a preference over all other
persons applying for a warrant of survey under the laws
pertaining to head lights, and, Indore any such warrant
of survey shall 1m? issued, ten days notice shall be served
u]s)ii the person in possession, of the intended application,
aud 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 he paid by the applicant for the warrant.
Sec. 2. And 1m; it further enacted, That the Secretary ot
State shall not attach the seal of the State 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, Ims been
given, or that no person other than the applicant for a
grant is in iiossession of the land proposed to be granted,
and all grants issued without a compliance with this act,
shall be void; Crowded that nothing herein contained
shall lie so construed as to apply to any land not in pos
session of any other person than the applicant.
Approved Feb. 17th, 1854.
Remedy against Intruder* on Lnnib
An act to prot*ct the owners of lands or tenements against
intruders, and to provide a remedy for land owners in
certain cases.
SECTION 1. Be it enacted, Ac., That from and after tho
passage of this act, the following shall be a summary
process for ejecting intruders from the possession 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, bona fide, claim the right of posses
sion to any land or tenement, (describing it) and that such
land or tenement is in tin; possession of a named jierson,
who docs not in good faith claim a right to such posses
sion, and yet refuses to abandon the same, and when such
affidavit shall be delivered to the sheriff of the comity
where tin 1 land or tenement lies, then ami in that ease, 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 the land or tenement, and to turn
such person out of the possession, unless tlie person so in
possession, shall at once tender to the sheriff a counter
affidavit, stating that he does, in good faltli, 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 tlie purpose aforesaid, to the person in
possession, and lie shall receive, for the service prescribed
by this act, tlie sum of two dollars, to be paid by the ap
plicant for the process.
Sec. 3. Whenever an affidavit, in tlie terms of tin* first
section of this act, shall lie tendered to the sheriff’ by the
person in possession, then and in that case, the process
prescribed herein shall bo stopped, tin* contending parties
shall be remitted to tlieir respective rights, and the sheriff
shall deposit both affidavits in the office of the clerk of the
Superior Court of the 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 the
judgment, a writ of habere facias possessionem, including
a fi. fa. for the cost.
Sec. 4. And be it further enacted, That whenever a per
son shall be the tenant of another, upon land at will or
sufferance, or in auy other way, when there is no contract
for rent, that the landlord may proceed to recover posses
sion of the smite, in the manner prescribed by the rent
laws of this State; to be returned and tried in the same
manner, except that there shall be uo verdict judgment
for any double rout.
Approved Feb. 14, 1854.
lilßl LAWS.
An act amendatory of an act to give to Masons and Car
penters un incumbrance for debts due oil account of
work done, and materials furnished in building or re
pairing houses and the premises to which they are
attached, and to repeal all laws on the subject so far ns
relates to the counties of Richmond and Mclntosh, and
in the cities of Savannah and Columbus, assented to the
22d day of September, 1834, and of an act to extend to
the several counties in this State the provisions of said
act, assented to 28th day of December, 1537, and to ex
tCil tlsi jii'uviiuiiiiii us tuuil uct to wlio wiiu.ll
furnish or put up in any county in the State, steam
mills or other machinery, or who may repair the same.
SECTION 1. Be it further enacted, Ac., That from and
_ after the passage of this act, any Machinists, who
may furnish or put up in any county in this Suite, any
dearn mill or other machinery, or who may repair the
siuiu*, shall Ikj entitled to the same lieu on such machine
ry, and the premises to w hich the same may be attached,
and may enforce such lien in the same manner, mid with
like lK*nefils, privileges and restrictions as is by said acts
extended to Masons and Carpenters.
Approved Feb. 18th, 1854.
PENAL (ODE.
Ami act to adil an additional section to the 13th division
of the Penal Code.
SECTION 1. Be it enacted by the Senate and House of
Representatives of the State of Georgia in General
Assembly met. and it is hereby enacted by the authority
of the same, That from and alter the passage f this act,
it shall not be lawful for any merchant, tradesman or
shopkeeper, by himself, his clerk or agent to h ive closed
the front door of his store or shop, whilst engaged in
selling to, or buying from or in any wise trading with a
slave or slaves, or free persons of color, and any person
guilty of a violation of the provisions of this section,
shall be guilty of a misdcmeuuor, and on indictment anil
conviction thereof, shall pay a fine of not less than one
hundred nor more than tw o hundred dollars, one half
of said fine to be paid to the informer, aud on failure of
the persou convicted to pay said liue, lie shall he Im
prisoned in the common jail of the county at the discre
tion of the court.
Sec. 2. And le it further enacted by the authority
aforesaid, That if any slave or slaves or free persous of
color, shall be found in any store or shop, or going in or
coming out from the same, with the front di*r or doors
thereof closed, (except for ingress or egress) it shall be
taken and received as presumptive testimony against the
person or persons keeping said store or shop, of a violation
of the first section of this act, which presumption may
l>e rebutted, by any other circumstances in favor of the
accused.
Sec. 3. And Ik* it further enacted. That all laws and
ports of laws militating against this act, be and the same
are hereby repealed.
Approved Feb. 20tli, 1854.
An act to amend the second section of un act entitled an
act to repeal the forty-eighth section of the fourth di
vision of the Penal Code, so for as it relates to capital
cases, and add anew section in lieu thereof, asseutedto
December 27 th, 1843.
SECTION 1. Be it enacted, Ac., That an addition to
oaths administered to Jurors in cases where the pun
ishment is death for the future, the following question
shall lie propounded : Have you any conscientious scru
ples as to capital punlsraeut? And if the Juror an
swers in the affirmitive, lie shall lie an incompetent
juror, any law or usage to the contrary notwithstanding.
See. 2. And be it further enacted by the authority
aforesaid, That all laws and parte of* laws militating
against this act, bo and the same an* hereby repealed.
Approved Feb. 16th, 1864.
WIDOWS AND ORPHANS.
An act to amend an act for the relief and support of
widows and orphans, und of the estates of tlieir deceased
husbands and parents, ussented to Dec. 27th, IS3S.
13 passage of this act. it shall he the duty of the Courts
of Ordinary of the several counties in this State. U|ieii the
application of tlie widow and children, or even of the
widow or child of any testator or intestate, to ;iass an order
making the allowance authorized by the first section of
tlie above recited act.'provided tlmt at least ton davs no
tice of the time when such application will be 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 lie made in money or pro
perty, or both, at the discretion of tho Court.
Sec. 2. And lie it further enacted. That all laws, and
parts of laws, militating against this act. lie and the same
are hereby repealed.
Approved Fab. 15,1864.
1111,1,S Ob’ LADING
lor Steamboat*, neat and oortyctly printed atthis office.
PATROL, LAWK
An uct to amend tho patrol laws in thin State.
I'JXTIUN 1. Be it on acted, Ac., That it tJiall be the du
ty of tlio Justices of the Inferior Ci urt of the Heveuil
count ies of this £Uite at tho first term of said Courts utter
the passage of this uct and annually at the first term of
said Court in every year, to appoint three proper and suita
ble persons in each militia district of their respective
counties, who shall be known ami designated a.* Patrol
Commissioners, whose duty it shall be as hereinafter
specified, und the Clerks of the Interior Courts are here
by required to notify said commissioners of their appoint,
ment, in the same manner, anil under the same penalty
as they are now required by law’ to notify Road Cummis
i nonets of tlieir appointment, and in the event any per
, son designated as commissioner does not tender his resig
-1 nation to someone of the Justices of the Inferior Court
w ithin ten days alter being duly notified by the Clerk, lie
shall be considered as having accepted of the appoint
-1 ment, and in case of refusal, resignation or death, tlie
i Inferior Courts shall fill the vacancy produced in tlie
j same way as now provided for filling vacancies occasioned
; by tho refusal or resignation or death of Road Cornmiz
j sioners.
Sec. 2. Be it further enacted, That said commissioners
after having taken an oath faithfully to discharge tlieir
; duties as prescribed by this act, shall, within filteen days
. after being notified of their appointment, at the Court
1 House or at some place which they select in tho district
! in which they reside and make out a list of the names of
all persons in their distric ts who are required by the laws
now of force to perform patrol duty and arrange and or
ganize from said list two or more companies not having
more than ten in each company, aud the said commission
ers shall lay o lt their respective districts into as many di
visions os they shall organize companies, and assign to
each company a division, and no company shall be com
pelled to perform patrol duty beyond the limits of the
division w hich may be assigned to it.
Sec. 3. Be it further enacted, That it shall be the duty
of tho said commissioners from each company which may
be organized, to select anil appoint some discreet person
as Captain, who shall be of good moral character and
not less than twenty-five years of age, and the per non no
selected shall have the same authority as the captains of
patrols now have, aud shall demean himself In every
respect as he is now required to do by the laws of this
State. The Captains of patrols shall be notified of their
appointment in writing, within ten days after the meeting
of the commissioners and notification to each captain
shall be accompanied with a list of the names of the per
sons belonging to his company, and a notice of only one
day from the captain to the members of liis company
shall be sufficient to require an attendance at the time und
place the captain may direct, and perform the duties
which may bo required. If any commissioner or com
missioners shall fail or neglect to discharge tlie duties
which are herein required, within twelve mouths after
their appointment, without a good and reasonable excuse
to be judged of by the Justices of the Inferior Court, he
or they ahull be fined by said Court u sum not exceeding
twenty dollars for every failure or neglect, and if tlie
captains of patrol companies shall refuse, fail or neglect
to call out their companies within twenty days after
being notified of their appointment and us often us 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 sutticent proof thereof
being made to them, in a sum not 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 refese 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, lie shall be fined in a sum not exceeding
five dollars for every such offence.
Sec. 4. And be it further enacted, That it shall be the
duty of the Captains to report all dclinquences 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 w ork on roads, and all fines imposed shall lie col
lected in the same way as the law now prescribes for
the collecting of fines imposed on defaulting overseers
aud persous 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.
Sec. 6. Bit 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 tlie 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 bo 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 tlie Superior 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 tlie citizens of tlie differ
ent patrol districts, as herein before arranged.
Sec. 6. And be it further enacted, That the provisions
of the act passed the 18tli of November, 1765, regulating
patrols in this State, and all other acts subsequent to that
time in relation to patrols arc continued in full force, ex
cept so far as they conflict with this act. Provided that
the provisions of this act shall not extend to the counties
of Bulloch, Carroll, Dade, Hall, Hart and Rabun, and
that all laws and parts of laws militating against this act,
be and tlie same are hereby repealed.
Approved Fell. 20th, 1854.
TAX.
An act to levy and collect a tax for each of tlie political
years 1854 and 1855, anil thereafter until repealed.
SECTION 1. Be it enacted by tlie Senate and House of
Representatives of tho State of Georgia, in General
Assembly met, and it is hereby enacted by the authority
of the same. That the Ist, 2d, 3d, 4th, sth. 6tli, 7th. Bth,
9th, 10th, 11th, 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 tlie political years 1852 and 1853,
and thereafter until repealed, approved January 9th, 1852,
anil tlie 12tli and 15th sections thereof, as hereinafter
altered and amended, be and the same are hereby conti
nued in full force until repealed.
Sec. 2. Beit 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, the following oath, to wit:
You do solemnly swear, or affirm, (as the case may bo.)
that the account which yon now give in is a just and true
account of all the taxable property which you were pos
sessed of, held or claimed, on the first day of April last, or
were interested in or entitled to, either in your own right,
or the right of any other person or persons w hatsoever, as
parent, guardian, executor, agent, administrator, or trus
tee, or in any other manner whatever; and that tlie valu
ation which you have affixed thereto, is a just and true
valuation of tiie same, as nearly as you can arrive at it,
to the best of your knowledge and belief—So help you
God.
Sec. 3. And be it further enacted, That the loth section
of said recited act, shall be so altered as to read as follows:
That the amount so required to be assessed and collected,
shall not exceed the sum of four hundred thousand dol
lars, annually, exclusive of tlie commissions of tlie Recei
vers and Collectors.
Sec. 4. And be it further enacted, That an adt supple
mentary to the above recited act, approved Jan. 21st, 1852,
Ik* and the same is hereby revived and made supplemen
tary to this act. Provided, that tlio amount to be raised
under the first section of said act, shall not exceed the sum
specified in the third section of this act.
Sec. 5. And be it further enacted, That upon the seve
ral rail road companies of this State nww in operation, or
that may hereafter go into operation, wiiose charters do
not exempt them from such taxation, there shall be levied
and collected, in tho manner now provided l>y law for tlie
collection of taxes from corporations, the same per centum
tax upon the whole amount of their capital stock, inclu
ding bills, lannis, notes, and all other obligations dui* in
to become due them, as is levied upon stock in trade un
der the provisions of the laws of force for the levying aud
collecting of taxes for the support of the Government.
Sec. 6. And bo it further emu-ted. That Receivers of tax
returns shall have until the Ist of August to return their
digests.
Approved Feb. 17, 1854.
Hour* of Labor in Manufacturing Es
tablishments.
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 Mike all contracts to labor in said facto
ries for a greater length of time than herein prescribed,
null and void, and to punish violations of this act.
SECTION 1. Be it further enacted, Ac., That from and
immediately after the passing of this act, the hours
for labor by all w hite persons under twenty-one years of
age, in all cotton, woolen or other manufacturing estab
lishments in this State, shall be, and the same are hereby
settled and fixed at and from sunrise until suu set, in
cluding therein the usual und customary time for meals.
Sec. 2. And be it further enacted, Ac., That all contracts
made or entered into, whereby a longer time for labor in
each day shall be required of the before described persons,
shall ho null and void, so far as relates to tlie enforcemen
ot said contracts against said before described persons, any
law. usage or custom to the contrary, notwithstanding
Six-. 3. And be it further enacted, That any person di
rectly or indirectly concerned, either as parent, guardian,
or officer or agent of any manufacturing establishment,
in any contract for labor that is prohibited by the pieced
ing section, shall be guilty of a misdemeanor, and on con
viction shall lie fined in a sum not exceeding one hundred
dollars, or be imprisoned in the common jail not exceed;
ing sixty days.
Approved Feb. 20th, 186
INSOLVENT LAWS.
An act to amend tin* Insolvent laws of this State.
OKCTION 1. Be it further enacted, Ac.. That whenever
any insolvent, under the insolvent laws of this State,
shall set forth in his schedule any interest in remainder
or reversion, tin* Court shall order the same to bo assigned
as other pivjierty contained in tin* schedule of said insol
vent to some suitable person to #ol]ect for tho benefit of
the creditor or creditors in interest, Which assignee shall
advertise said interest in remainder or reversion in tlie
same manner as Sheriffs, and shall expose the same to
public sale in the same manner and make such deed or
conveyance of the siun * as Sheriff s are authorized to do,
and shall account for tlie pi odoeds in the same manner as
is now required of assignees by the insolvent law.
Sec. 2. And be it further enacted, Su\. That all laws and
parts of laws militating against this act. be and the same
are hereby repeated.
Approved Feb. 18th. 1864.
TRADING WITH SLAVES.
An uct more effectually to prevent trading with slu\e-.
and full)i-diing them with intoxicating liquors, und to
prohibit Indians in Talbot county from selling or fur
nishing liquor to slaves.
VI T JiRKRAS, license for the retail of spirituous liquors
ff has been granted, in some of the counties of this
{State to free persons of color, or to white j arson* acting
us their guardian, agent or assistant, thereby evading tlie
laws upon tlio subject, and encouraging an improper tra
ding with slaves—for remedy whereof:
{Section 1. Re it enacted, Ac.. Tlmt 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, w ines, ale, beer or porter, or any other intoxica
ting liquors, or to keep open any house, shanty, or any
other place, for the sale or disposal of such liquors, either
in his, her or their own name, or in the name of his, her
or their guardian, or in the name of any white person qr
persons, us partner, clerk, agent or assistant in such busi
ness, or as agent or assistant to any white person or per
sons.
Sec. 2. And be it further enacted, That euch and every
free person of color, and each and every white person,
who shall violate the* lirst section of this act. shall, whether
principal, or only agent nr assistant, be deemed guilty ot
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, and u]nn failure
to pay such line, shall be imprisoned in tlie common jail
of the county for six months, if a white person, or if a
free person of color, shall receive thirty-nine lashes.
{Sec. 3. And be it further enacted, ‘J hat from ami after
the passage of this act, any free person of color, or slave
acting for himself or any other person or persona, whit*
or colored, who shall sell or furnish, to any slave or slaves,
any goods, wares, or produce, except such articles as slaves
aie permitted by law to trade in, shall he deemed guilty
of a misdemeanor, and upon conviction thereof, shall, for
the lirst offence, receive thirty-nine lushes, and be fined
fifty dollars, and imprisoned until said line is paid, and
for tlie second or any subsequent offence, shall receive
fifty lashes, and be fined one hundred dollars, and bo
imprisoned until 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 line and
cost.
Bcc. 4. And be it further enacted, That any violation
of this act, if the same be by a white person, shall be tried
by tho Superior Court, and if the same be by a free person
of color, shall be tried by the Justices of the Peace, as
prescribed in relation to other minor offences in the county
where the offence is committed, and within ten days after
the arrest of the offender.
Sec. 5. And be it further enacted, That tlie 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. 6. And he it further enacted, That all laws, and
parts of laws, militating against this act, be and the same,
are hereby repealed.
Approved Feb. 17. 1854. “ -
“REIOKDING INSTRUMENTS, Ac.,
An act to admit to record, certain instruments, and to
authorize oaths to be administered in certain cases, by
persons herein named.
O w hich would be admissible to record, if executed, or
acknowledged before tw o witnesses, one of whom is a Jus
tice of the Peace, shall lx* admitted to record, and have
all the legal incidents of a recorded instrument, if exe
cuted or acknowledged before tw o witnesses, one of whom
is the Ordinary or Clerk of the Inferior Court, Sheriff.
Deputy Sheriff', Tax Receiver, Tax Collector or County
Surveyor of the county in which tlu* instrument is exe
cuted or acknowledged, or Mayor, or Intendent, or Com
missioners of any incorporated town or city.
Bec. 2. And be it further enacted, Ac., That all persons
appointed under the laws of this State as commissioners
or processioners of land, or appointed appraisers of the
estate of deceased persons, or to distribute any estate of
partitioners of lands or commissioners of tlu* assignment
of dowers, or commissioners of roads, or appraisers of
damages for injuries done by railroads or the cars or en
gines thereof, arbitrators am! all other persons of whom
two or more are appointed by law to do any particulai
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 be taken in such cases, before
each other, and they slmll be subject to the same pains
and penalties as though said oaths had been taken before
auy person now- authorized by law to administer oaths in
such case's.
Sec. 3. And be it further enacted, That all laws and
parts of law’s, militating against this act, be and the same
are hereby repealed.
Approved Feb. 18th, 1854.
PAGE’S IMPROVED
PATENT CIRCULAR SAW MILL.
GEORGE PAGE & CO.,
N. Sciikoedkr St., near West 15ai.ti.more Street,
Baltimore, Maryland,
EKSPETF’ULLY inform tlieir friends and the public
generally, that they have greatly enlarged their
manufacturing establishment, and that their facilities are
now such us to enable them to execute all orders, with
promptness, for their celebrated
PATENT PORTABLE CIKCULAII SAW MILLS
which have given so much satisfaction throughout the
Union, as also Steam Powers of all sizes and kinds, Horse
Powers, Grist Mills. Corn anil Cob Crushers, together
with various other machines and implements to econo
mise labor.
Since tlieir Circular Saw Mills were invented by, und
patented to, their senior partner, they have made many
improvements, which render them perfect in all tlieir
details, and justly entitle them to he considered among
the greatest labor-saving inventions of the age.
A Pamphlet containing full descriptions of their three
classes of Mills, prices, terms, capacity for sawing, Ac.,
will he sent to any gentleman applying fo>- • je by letter,
post-paid
Having recently obtained damages in action brought
in the United States Circuit Court lor the District of
Maryland, for an infringement of their Patent Eight,
they hereby forwarn the public from purchasing Mills
similar to theirs from unauthorized builders or their
agents.
Address Georgs Page & Cos., N. Schroodcr, near Haiti
more street, Baltimore. Maryland.
GILMER & CO. Agents,
jly-d2m Montgomery, Alabama.
USE THE “MAGIC IMPRESSION.”
P PAPER FOR WRITING WITHOUT PEN OR INK,
Copying Leaves, Plants, Flowers, Pictures, Patterns
for embroidery, Marking Linen Indelibly, and Manifold
Writing. This article is absolutely the 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 gidd pen in tlie universe. For drawing, it is in
disputable. It is, indeed, the whole art of drawing and
painting—taught in one lesson. Any leaf, plant or Hew
er can be transferred to the pages ol’ an album, with
a minute aud distinct resemblance of nature. With
equal felicity, pictures audemqroidery pattern are taken,
and have received the highest enlogtums from the fair
sex, ami indeed, a more tustful present for a lady could
not ho produced.
This Magic Paper will also mark linen, or other articles,
so as to remain perfectly indelible. All the washing in
the world tails to bring it out. Any child can use it with
perfect ease. W r ith this Magic Paper, likewise, one or four
copies of every letter written can he seem ed without any
additional labor whatever, making it the 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 the proprietor uttaclied. Eaeh
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 tho recep
tion of tlie above prices. Address, post-paid,
N. IIUISISELL,
1(57 Broadway, New York.
OPINIONS OF THE PRESS.
llvbuell’s Magic Impression Paper.—We refer our
readers to the advertisement in another column setting
forth tlie merits of this pleasing and ingenious invention.
The cheapness should induce all to give it a trial.
[Philadelphia Merchant.
“ It is unsurpassed for neatness and utility, and should
meet with tho sale it so richly deserves.”—[Tribune.
“.lust what the public has so long desired, anti recom
mends Itself to every individual of taste and refinement.”
july-dtf [Journal and Courier.
ASBURY FEMALE INSTITUTE.
L Fayette, Alabama.
.1. Wesley Stacy, a. m„ Principal.
Mrs. M. L. Stacy, 1 Teachers in Literary
Miss E. Bachelder, j Department.
rpilE exercises of this Institution will lie resumed on
1 the 2d Monday in January, i5.56.
Bates of Tuition, per Scholastic Year.
Primary Department..... sl(s 00
Preparatory Department 25 00
Ist ami 2d Department College course 32 IK)
3d and 4th “ “ f‘ 40 00
Music on Piano 50 00
‘oral Music taught without extra charge.
Speedy arrangements will be made to procure a suita
ble teacher to take charge of the Musical and Ornamen
tal Department.
The Principal is an alumnus of Emory aud Henry Col
lege. Va.—lias large experience in teaching, and comes
highly recommended, both as to character and ability for
imparting instruction.
Situated in the bosom of a beautiful and healthy vil
lage, furnished with all tlie facilities necessary to the ac
quisition of a finished education, the Institute strongly
commends itself to the patronage of an intelligent pnh
lic.
Board can 1* obtained in several respectable families
on reasonable terms.
E. 0. Richards, J, T- Brock.
Caleb Holloway, John C. Towles.
John W. Hew ell. E. 11. Muse.
Win. J. Adams. A. M. Presley.
J. F. Dowdell, Trustees.
Dcoemleer 21. 1855. ts
AMERICAN COTTON PLANTE? >
FOB 1856.
rlMl K Fourth Volume of the American Cotton Plant, 1
X will commence with the January number.
in thus formally announcing tlie Prospectus for,
Fourth Volume, we have but a few short purugiaUs, I
add, sanguine in tlie belief that, with the intelligent, j”. <
dustrioiiH patrons of progressive improvement in i j
Agriculture. Mechanic Arts. Manufactures of tig. pj., j
mg States, and especially Alabamians, the past liistorV j
the Cotton Planter is its highest commendation.
In tlie first place, we remark to our friends and lea,!,
lllut the Editor, Dr. Cloud, has again become the i'ul,|,.| (
er und Proprietor; and we hereby assure our remit,’ ,
emphatically, that fn future tlie tdtton Planter sLalh 1
bue promptly by the first day oteach month.
Flushed with victory in tlie mugnifleeut Exhibition,. I
Alabama's Industry, as demonstrated in tlie tiiunq,i lllt : 1
success of the first Annual Fair of the Alabama r-tao j
Agricultural Society, the Cotton Planter “ will take J
step backward” its progress is onward and upward totb. 1
highest niche of improvement.
it is hoped earnestly by the Editor and proprietor, ui,, 1
by the members of the Society, that the Planters
Farmers, tlie Mechanics and Manufactures of Aluban ls i
w ill rally on masse to the support of Alabama’s only l( , v ; |
clusively) Industrial Periodical, the Organ of the Ab |
bama State Agricultural Society, tlmt its efficiency a,,, j
be unlettered in the great work of developing the ii| j
measurable resources of thq Keystone State of the South I
••Devoted to Improved Plantation Economy, Manutm j
tures and the Mechanic Arts,” the object of tlie
an Cotton Planter is to
n Improve tire Soil and tire Mind.’)
With a corps of correspondents, numbering mum f
the most practical as well as scientific minds of the Sent] I
we feel assured we shall he able to visit our patron,
the first of each month, to their entire satisfaction m,‘*,
profit.
Every family in the country, whatnver may he tie; *
avocation, should patronise some Agricultural paper: i .1
cause there is no reading matter published to the wot!
so innocent, and at the same time so practically protii,
hie in all the w alks of life as that obtained in a good ~■
cultural Periodical. The American Cotton Planter wj
issue promptly by tlie first day of the month, it will!,
uniformly printed in magazine style, on good white p
per, with new and fair type, securely’ stitched and bin
mod.
Our Horticultural Department will lie sustaincil, a,
hevetofore, liy a gentleman of practical experience. }|||
E. A. Halt, of Montgomery.
Terms :
One copy, in advance $ 1 ou
Six copies “ 5 to
Twelve copies “ 10 to
Clubsor Agricultural Societies, 100 copies 75 lie
All coinmunicaiions, either for tho columns of the l’lm,. K
ter, or containing remittances, ordering the paper, na:-
he addressed to Dr. N. 15. Cloud, Lockland Post Ollii
Alabama.
Subscriptions should commence with the voliiim.-
Newspapers friendly to the work, throughout tlie Slat
will collier a favor by copying the Prospectus.
Our exchanges will please direetto Lockland, Ala.
BIiOWN’S
W-A.SHi3sro 3vrA.cia;iaNr]E.
rpilE Inventor in introducing his new Rotary Was!iii, : j
I Machine to tho notice of the public, does so with tin
confidence that in all cases where a fair trial is giver,
they will lie as they have been by those who have use.:
them, pronounced to be the best Machine for wasliinj:
now in use, and capable of performing more work in tin
less time and with less damage to the clothes than mu
other Washing Machine now made.
He claims fur this Machine, that it w ill cleanse tin
clothes from dirt in 15 to 30 minutes and leave them on
tirely clean, ready for boiling and rinsing.
It will do an ordinary day’s washing in an hour tin
docs not wruy the clothes more than one-tenth as mud
when washed by hand.
It is adapt oil to washing from the finest Muslins to th<
coarsest clothes, Blankets and Carpets.
It can be worked by women or even a 12 year old W,
and is so simple in its construction that almost any
can repair it —if it should ever need it—and will with m
dinary care last from 5 to 10 years.
fdj One of the great merits of this Machine in additioi
to tlie facility in washing—is that the clothes arc not mo
out by washing. By tlie ordinary process of wasliiu;
clothes are more injured than by wearing. This ml™ .
tage together with the fact that it will do ten times ill -
work of hand labor, should induce every Hotel, lionriiiir: .
House, and family to have one.
These Machines are sold for Gash only, delivered atom
shop—price sl3. Directions for using sent witli cv.r.
machine. t
Manufactured by
CLEMONS, BROWN & CO.
We refer to a few of the many who have bought am
used the Machines, viz :
Gen. Betliune, Columbus, Elisha Trammell, “
Dr. A. Pond, “ George T. Hurt. Russell co
A. M. Allen, “ Chas. A. Peabody, “
John W. Hurt, “ Hopson Smith,
John Hudson, of the firm of A. Low ther, “
Tlireewits, Holt & Cos., James Torbut, “
Thomas DeWolf. “ 11. Whithurst, “
Charles Wise, “ W. A. McGruder, “
R. >l. Dixon, “ George McGehoe, “
Dr. Urquliart, “ Walton 15. Harris, “
P. A. Clayton. “ W. G. Williams,
J. C. Brewer, “ D. Bullard, “
James R. Jones, “ 11. N. R. liardwell, Tuslo]
Charles P. Levy, “ J. C. Sale, Auburn.
J. Ennis, “ A. R. Bell, Montgomery.
Win. Matheson, “ Jno. Gill Shorter, Eul'aiibi,
J. W. Thomas, “ E. E. Brown, Macon, (In.
James Comer, “ Female College, “
Owen Thomas, “ Geo. T. Rogers, “
Capt. J. E. Davis, “ 0. W. Massey,
Rev. J. W. Talley, Oxford. W. S. Brantley, “
A. G. Slappey, Fort Valley N. Clayton, Chambers, i
Col. Wellborn. Meriwether. N. W. Persons, Enon. Ala.
Columbus, November 6 2m
BANCROFT, BETTS <fc MARSHALL.
CHARLESTON, S. C.
CIBCULAB FOR THE FALL OF 1855
“YITE desire to call the attention of our friends, ai
y \ the buyers of Dry Goods throughout tho West an
South-west, to our attractions for tho Fall Sales of tic
present year.
Our business is now so well organized and arrang'd
that we are better able than ever before to supply til
trade with a large and attractive Stock.
Onrown importations will supply our Foreign Depart
ments with all the new and desirable fabrics from tl.
European markets, selected by one of the House resident
in Europe, and will he particularly adapted to our market
Our Domestic and Staple Goods Department will Is
supplied with all the leading styles of Goods.,
it is. we believe, an acknowledged fact, that our stork
has always been one of the largest and most attractive
ill this country: and wo also believe the best buyers hav
been convinced that our system of short profits mi
pay is the most satifactory,
We invite the. attention of all close buyers to our
Large and Attractive Stock—but witli the distinct tin
derstanding that we sell goods only for cash, or good unto
payable in all cases at Bank.
We shall, from this date forward, adopt anew plan:
connection with our Domestic Goods department. V
shall keep a lull and completed assortment of Blende’
Brown and Colored Cotton Goods, which will he sold only
for nett cash.
Our object in tills is to supply the goods as low as tie;
are sold by cash house3 in the Northern cities. In Older
to test this feature of our business, we only ask a cum
parison of cash prices with time prices, and then
leave tho decision to the purchaser.
From the three years experience since tho estublM:
ment of our business, we are enabled tho more confid’ u!
ly to invite attention to our Stock and plans forbusim
believing that wo offer inducements second to noli 1 )
in this country.
BANCROFT, BETTS & MARSHALL
jly-d3m 209 and 211 King st., Charleston, S. C
SUPREME COURT. - ,
An act to alter aud amend an act pnsspd tho lotliiday '’
December, 1845, to carry into effect that part of’d”
first section of the third article of the Couatituti’
which requires the establishment of a Suprctno C’ u
for tlio correction of errors, and for other pui p"-'"-
ns to reduce the number of places for the session
said Supreme Court, and to prescribe the duty <if tlr
Clerk of said Court in certain cases, and for other to
poses,
SECTION 1. Re it enacted by tlie Senate and Ileiio
Representatives ot tlie State of Georgia in gi'iiri
assembly met, and it is hereby enacted liy the authority
of tlie same, That said Supreme Court shall In- lmDlen n
tlie times and places following, to-wit.: On tlio eccnii”
Monday in January and second Monday in June, in i “ 1
year, for the First District, to be composed of the Easti-n
and Middle Judicial Circuits, at Savannah ; On the fmiri
Monday in January and fourth Monday in Juno, in encli
year, for the Second District, to he composed of the ’L
con. Southwestern and Chattahoochee Judicial Cinuii
at Macon; On the fourth Monday in March and tin ‘
ond Monday in August, in each year, for the Third hi”
trict, to be composed of the F'lint, Coweta, Blue Itidg
and Cherokee Judicial Circuits, at Atlanta; On lie fout'U
Monday in May and fourth Monday in November, in e:u!:
year,for the Fourth District, to he composed of tin
tern and Northern Judicial Circuits, at Athens; Oath
second Monday in May and November, in each year. I":
the Fifth District, to he composed of tlie Ocmulgee inn
Southern Judicial Circuits, at Milledgeville.
Sec. 2. And he it further enacted. Tlmt it shall be U”
duty of the Clerk of said Supreme Court to armu? tie
cases on the docket of said Court liy circuits; and it -led
also bo his duty to give notice in one of tlio newspaper*
printed at tlie place where said Supreme Court is to I”
held, of the order in which the Circuits are arranged, no
every ease that is docketed, liefore all the cases from tie
Circuit arc heard, and slmll be considered docketed to
time, and that errors may be assigned and issues join
in said cases as called.
Sec. 3. And be Itfiirtherenactedhy the authority afni
said, That all laws and parts of law's, militating agiiii ■
this act, bo and tile same are hereby repealed.
WILLIAM 11. STILES,
Speaker of the House of Representative
DAVID J. DAILY,
President of tlie S’ iiid 1 ’
Approved, December 22d, 1855.
HERSCHEL V. JOHN 80S
TOBACCO.
|') Boxes Tobacco, various brands, received and I
*4O sale by 3 INKS LIGOS