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SATURDAY, December 45, 1790.]
THE AUGUSTA CHRONICLE
AND" "
GAZETTE of the STATE.
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FREEDOM of the PRESS, and TRIAL by JURY, (hall remain inviolate. Cenfiuuntn 9 f Gtargi*.
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AUGUSTA: Printed by JOHN E, SMI T H, Printer to the State; EJfays % Articles ts
Intelligence , Adverti foments , &c. will be gratefully received, and every hnd of Printing performed.
■ , ’■ ’•*' , •
An ACT
To amend , explain and cent nue,
the “ for regulating the
“ Judiciary Departments oj
Cl this State”
W HfcKEAS the Aft above men
tioned is not found in ail
cases adequate to the inten
tion thereof; Be it therefore
enadta by the Senate ana iio tje
es Rejjt ejentatives of the State oj Georgia in Ge
neral r jftmbly tn f t , and by the authority oj the
Jame% That, from and after the pafling of this
Aft, the Jufiices of the Inferior Coutt, or
any one of them, in each county, may, in
the ab fence of the Judges of the Superior
Court, grant a writ of Haifa's Corpus in the
fame manner, and tinder the fame regulations,
as a Judge of the Superior Court is empower
ed to do : And in all cases, not capital, such.
Justice may difeharge, admit to bail, or re-,
mand to goal, a prisoner, at his diferetion,
according to law and jilftice; but, in all
cases of a capital nature, it (hall be neceflary
that two other Juflices of the said Cou.nty
Court, do aflociate with the Justice granting
the such writ of Habeas Cnpus> at the return
thereof, and that two of the three do concur
an opinion, before any prisoner (hail be dis
charged or admitted to bail.
And be it further cnased % That the Supe
rior Court lhall, in all caffes, refpefting the
difeovering tranfaftions between
or co-executors, compelling dirttibution of
intestate estates or paymeut of legacies, or
in any other case whatsoever, which by
usage did or doth appertain to a court of Equi
ty, be competent to (uftain a suit by bill, and
proceeding therein, until the fettipg down
of the cause for hearing i such Superior Court
{hall theu f bmit the merits of the suit, with
the evidence thereon, (which in all caics
shill b« given viva voce in court, or other
wise withm the. rules, of the common law)
and .al maiters refpefting the fame, to a
special jury, as direfted by r the before-men.
tioue* law, who (hall give their verdift on
♦he fimy ; but it either party lhail b| dillitie
fjed with fucii verdid, an appeal may be
entered, in the Clerk’s office, within ten days
after trial. and.on argument by both parties,
the Superior Com before whom the fame is
had, pizj ei her grant or icfufe a re-h£aring
before another special juy, as they (hali think
proper ; but if a re-paying be granted and
had, the fame (hall be final and conclulive. v
And be it enabled, That any person having
a claim or demand again!* this flafe. Where
(in like cases) one citizen might fqe aud
maintain an aftion against another, such per
son (hall be at liberty to file a bill or petition
iu the Superior Court of the county m which
the feat of government may be, making the
Governor for the time being defendant there
to, a copy whereof (hall be lerved on the
Auditor, wbofe duty it (hall be to make •
special report to the Court and attend the trial,
if thought neceflsryi the original (hall be
filed and dockeited in Court—the Attorney
or Solicitor-General (hall appear to and de
fend the fame i and on the trial, the fare?
rules, with refpeft to the admifiicn of evi
dence, (hall prevail ai in commcn tafia, ea
*»yt that the balden cf the nrvtf (Mi '
GEORG Ist.
t
the claimant: Should either party (that is to
fay, the attorney for the claimant or the
flare) be diftarisned with the determination,
an appeal {hall be enteied and tried before a
special jury j aud 'he final decision of the
jury, if in favor of the plaintiff, shill be
transmitted to ihe succeeding Legifltture,
who may provide, as they think proper, for
payment of such judgment or jti l/menrs;
And whereas the state is divide ! in'o di
(l rifts, Be it jar t her enacted. That either the
Attorney or Solicitor-General (hall attend the
circuits in each-diftrift, and one or other of
them (hall give his perfotill attendance when
ever the business of the state lhail make it.
neceflary; and the proceedings had in the
said diftrifts refpeftively, (hall, in all mo
tions and arguments concerning the fame, be
confined to their proper diftrifts.
And be it further enabled , That each coun
ty (hall be understood to be divide! into di
ftrifts, according to the division made for
forming militia companies in the fame; and
the Juflices of each county (lull on!*
the powers given them by the said judiciary
Aft for recovering of debts, »n<!er five
pounds, in their several and refpe&ive di
ftnfti • and all fucy luits, before the said
Juflices, (ball be, brought in the diftrift in
which the defendant resides.
And be it That the lift Thnrfdav
in eveiy month (hall be.the time of holding
Coups hr any justice, and at no other rime,
(uiiiefs by of,parties) and on giving
security there (hall be artsy of lew forty days
from the rime of giving such judgment: Pro
vided ulvciyi, Tnat no Justice of the Inferior
Court (hall be allowed to hold any such justice
Court; and upon good cause. (hewn,
any suit so depending (lull be postponed until
the next Court day ; aud no Justice (hall hold
Court but at the place mentioned in the war
rant of. summon, which summon or war
rant (hall be ferveef four days beso r e the.day
of trjal ; and any warrant or summon, which
does not express such place of holding.Coert,
(lull be considered as void, and may be re
versed by the Inferior Court of the roun'y ;
1 and where there is no justice refilling within
i a diftrift, in such case the defendant may have
his trial before the next nearest Justice in some
other diftrift.
And be it further enabled , That, in future,
it (hall not be neceflary to affile a declaration
in the Inferior .Court ; but the petition and
process, iflued in like manner as heretofore,
flvill be fufficienc lor the parties to proceeds
upon, and no execution (hall be flayed in the
Superior or Inferior Court, but where the
party cast (hall give good security within
four days (Sundays not included) after the
verdift is.rtceived .and entered.
And be it enabled by the authority aforefatd,
• That the mewhod of forectafiug mortgages
in this ftatt, (hall be as follows: The petfon
or perfon* .entitled to fpreclofe a mortgage,
or his, her or their attorney, ihsll petition
the Superior Court of the county wherein
such mortgaged property tnsv be. dating the
cale and the amount of his, her or their de
mand, and diferibing such mortgaged pro
petty, and the Court (hill grant a rule, that
(he principal, inured and coda, he p*»4 ' ,,fo
I Court nit hi n twelve months thtreaf'l'’J IT®
j r u i f ftuil be puolill.ed in cue of the public
Caietiff of till flate f .w fm*d pn the mnrt
-1 ga>u' 91 hi* nurrey, *| lets eh*
W
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CVol. IV. Ko. CCXI.)
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previous to the time when the money is di-
I reft*! to he paid; and u defs the pri'icipil,
imereti* and coda, be so piid, the eq tiff
tedemption (hall from thenceforth be fo.e«
cl<»ied. Io case of any dispute a* to the
amount due on any mortgage, ‘h«Co\rt flnll,
ou application, appoimmne or more %< per
tons to audit an \ liquidate the fame, with the
liberty of an appeal thereon, or the fubmif
fiou .of any other matter refpeftiog the fame
to a fpedal jury, who (hill betaken from the
grand lnqueft, as io other appeals, wbofe de
ctlion lliall be final. And it lhalUnd iriaybt
lawful for the Superior Courts io the several -
counties of this state, to order a sale, which
fh%U be at public auftion, firfl giving forty
days notice thereof in one of the Gazettes,
of fich part or the whole of the real eftatc
of any testator or intestate, on the applica
tion of the executor or executors, admiwrtra
tor or admimitratori, of such teilato. or ia
tertate, where it is made folly and plainly
appear- tbit the fame will be for the benefit
of the heirs or creditors of such ettate. v Ah4
such Court shall alio be, and they afi hereby
empowered to grant an iujunftion to flay pro*
ceedings at law io behalf of sod on the ap«
plication of any executor or adminitfril >r
who (lull appeal- i*i equity and justice to be
entitled to the lame, fn h uiimftion not todty.
rert a rtar ot ~bovc tweve mouths in any
c»:ic <n lance, * ' , > .v,,, v »>
/ttd be it tn.iHed hf tht authority aforefttd,
4 That ail suits ot a civil nature, (mt referred
to the decition of a (ingle JuflsceJ iliall tie
intl.tuted and tried m the Inferior County
Oir;», from whence an appeal may be hid
and prolecuted to the Superior Court, 4s di
rected by the Judiciary Aft ; *n dal I bond# „
and other fpectalties, and all promiiTory natci
and otner liq udated deminds, bearing dite,/
at any time after the expiration of fix month! /
from the parting of this Aft, whether for mo
ney or fpecihe articles, Hull be of equil dig
nity, and be hereafter negotiable by jylorfe- '
ment; and may be sued by the indorse or
' aifignee, in his, her or their p»me, ady law
to the contrary notwithstanding. . Provided,
That nothing herein contained shall prjfyent
the party giving aoy bond, note, or other
writing, from retaining the negotiability
thereof by any words inferred therein ex*
preflive of such agreement. * —*
And he it further evaded, Tbit the fcveral
Inferior Courts be, and they are hereby au
thored to grant licences to such perfunsas ,
may . apply for the fame, to keep taverns ;
and also to appoint conitables at any of their
fegions within the year, any law to the entjv
trary notwithflandiog, , >
And whereas whilst the paper ns-dium of
this (late remnued ateaJer, many fuj:* w«rf
inftitmed in the Courts of Coneie ice, for
fpecific articles, where the specie value of
such deraind is under Cite pound*: vAnJ
wheieas hy the Judiciary Aft, .pi<M tbt '
iweniy-third day of December, one thoufmi
seven hundred and eighty-n'wifi, such Unite
were, with others, direct# I to ht«re*
turnei to and tried in the Inferior Courts*-** *
remedy which, Jit it eoaJlj, That, on *fh
application of th* plaintiff, fi , ' , h Putt Jdiall
be difcmtiuued without e'hfi% aqd tht par*f
Ihfreupau be it liberty r «o proved, before a
Jtittice, in the recovery of P>cb *fto tnd. ~ 4
j 4*4 hi it Jtt' tvtf tuii Hid >hy the nuth i i/y
aft rit tit d, 1 all the oifu vm, •#,
• (t tr < ,pt«i la »hy eseicifatfl 1 • 'HM|