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SUPPLEMENT to the Georgia Gazette,
March 30, 1798. t ♦
*/ n ACT ti extend tbc Authority of the Mayor and
Aldermen of Savannah to have- jurifdiciibn of Civil
Causes to a certain Amount .
WHEREAS it would greatly promote the welfare
and advantage of the city of Savannah, and the
inhabitants, to grant to the corporation thereof the power
of holding courts for the trial of causes to a certain fixed
amount, Re i: therefore cnaoid, by the senate and house
of r*rprtfentatives of the fiate of Georgia, in general af
ft-mbly met, ‘l'llat it shall be lawful for the mayor and
aldermen of tire city of Savannah, and they are empowered,
at any -time after the palling of this act, to hold courts
onee in every month throughout the year, to appoint such
officers as they may deem necelTary, and to fettle and al
low reasonable fees, not exceeding one half the fees allowed
for like services in the inferior courts, in suits cognizable
therein, and to have jurifdiciion of, and to hear and de
termine all civil causes not involving the right or title to
any land or real estate ar.fing with in, the junl'diction of die
corporation, so as the demand nf-fechfoit or attic:},do
not exceed fifty dollars; and to give judgment, and award
execution therein, according to law: Provided, I hat if
anv party to a suit shall feel him, her, or themselves, ag
grieved, by the dcciiion of the said courts, it drill be lawful
for such party to enter an appeal within three days after
such trial, firft paying all cofb which may have accru.-d on
the lard trial, aivd giving fufficient’ security to abide and
perform the sentence of the court at tire trial of tire appeal;
and all appeals from the decision of the said courts fiiall be
tried on the next court day Succeeding such trial by a jury
of seven men, w'rofe verdict shall be final.
And be it further enact :d, That the said mayor and
al Jermen shall have power to draw and impanel jurors for
the trial of appeals, who shall be refifont within their ju
risdiction, and 111 til be qualified and liable to serve on petit
juries, tocaufe tliem to be summoned, and to fine them for
non-attendance or other mifeondudt, in such manner as they
may think proper, not exceeding ten dollars; and fliall
have power to award execution for such fines, and caul’e
the goods of the perfyju incurring such fines to be fold by
virtue thereof.
And be it further enact and, That the said mayor and
aldermen, or any of them, may, on complaint made by
any seaman or seamen for non-payment of their wages, or
by any other person for the non-payment of any debt or
sum of money, or of any damage not exceeding fifty dollars
as aforefaid, to ifiue a warrant, directed to any conflable
of the city, to summon or arrest the do ft n.'hint, (if required
agreeably to law) and to summon all witnelfes required by
cither party to apjrear at the court of aldermen on such day
as shall be therein appointed; which summons, with, a true
copy of the petition annexed, shall be ftrved on the de
fendant ten days before the fitting of the court.
And be it further enact.d, ‘1 hat tlie court of aldermen,
or either of tnem, may iffae warrants to apprehend perfon3
guilty or charged with any crime or breach of tlie peace,
and after examination may, if neoeffary, commit fudi per
ils to gaol, or bind him over to appear at the next superior
court for trial ; at which time the proceedings of the said
r court of aldermen, with respect to such culprit, shall be
laid before the said court.
And be it further enacted, That the said mayor and
aldermen shall, in all judicial proceedings,* have reference
to and be governed by the laws of force in this fiate for re
gulating the judiciary proceedings tliereof: And the said
court of aldermen is declared*to be a coart of record, and
any person neceCfarily going to, being at, or returning
therefrom, fliall be free of arrefl or any civil suit.
THOMAS STEVENS, Speaker of the House of
Representatives.
BE Nj AM IN i ALIAFERRO, Prejidcnt of the
Senate •
Concurred, February i3, 1796,
JARED 111 WIN, Governor,
An fr regulating the Proceedings in
the Mayor's Court of Savannah,
V/'HEREAS t!| e leg flature, at the session on- the
* ( eighteenth day of February, one thousand seven
hundred and ninety-fix, did pass an act, entitled, “An Act
to extend the Authority of the May *r and Aldermen of
Savannah to have Jxrijdiction of Civil Causes to a Cer
tain Amount to carry which laid act into full effect it
it necessary t ...t the manner of drawing jurors, ami the du
tKs arvl Fees oi the officers of the court, be afeertaiaed:
Be it tbenfsre ordained , by the honorable the mayor
t*.l aldermen of the cuy of Savannah, in council af
lernoled, a tuLAt is hereby ordained , That tlie coart so
mdinned oy®c legulatmre shall be termed The Mayor's
Court, and shall be held on the fourth Tuesday in every
month after the p Jfing of this ordinance, and adjeum from
cay to clay til! tie docket be disposed of; and that the
term shall be diftkguiffied by the month in which it shall
be held.
And be it further ordained, That the mode of pro
ceeding infoid'ca-urt shall be ty,#6trfib'asd tunJofa, a
copy cf which shall be fend af tiy defendant ten days
bel .re the lifting cf tlx court, and the fame shall bear
Vji. m the name cf the mayor of Savannah for tl* time
ng, and boArefted to the flieriffof the city; and that
the recorder shall attend the court whenever required by
tne fad court, by the mayor, or one of the aldermen.
And l ; it further. crJainesL, TV, so (6cm as may be
* ftcr l ;f P~ “ ui & °* t,rj ordinance, tlie clerk of the mayor’s
court Ihu. 1 o rtain from the clerk of the superior court of the
county cf C. tathasn, or the tax coheflor, a lift of persons
and qualified to serve as petit jurors in tlie fuoerior
court of the feme ecu;-ty, a* herein after is mentioned, far
c - tm.l or civil causes in the mayor’s court; aruf that al!
Ipc-cns t juror, for the trial of causes in the fo*
court I hail, every one of them, be twenty-one, and under
jmy years of *§•:, and liable to pay tax, and shall be re
* ‘T T‘ ‘ l " in r Savannah ; and if any perfen not
;1 Ju j 3-1 u.sTsfaid (hail be returned upon any Rich jury
hP df ;, K “‘khargaH tree Rri chrifente, or upon
- ot t./s truth cf such matter.
And he it farther ordained, That the clerk of the
court shall, immediately after receiving such lift, fairly en
ter the fame in a book to be provided for that puipofe by
such clerk; and the names offhe feveraJ persons shall be
written on separate pieces of paper, and the said clerk shall
cause a jury box to lie made for the said court, to be pro
vided at the public expence, and loch jurors names fliall be
put in such box, diftingui,filing the foveral divisions in
such manner, under the directions of the mayor, that the
burthen may be equally borne by the citizens liable to serve
as jurors in the said courtand no jury fliall be drawn but
in the presence of the mayor, or in the presence of one or
more of the aldennen and the clerk of the court; that the
number to be drawn as aforefaid fliall not be less than nine,
nor more than fourteen jurors.
And be it further ordained , by the authority afore
faid, That in all cases of appeal the appellant, or his at
torney, fliall serve, or cause to be served, on the defendant
or respondent, due notice of the fame, at least ten days
before the meeting of the court.
And be it further ordained , That the (herifF, or his
lawful deputy for the time being, fliall, upon the receipt
of -every venire facias, cause the several persons whole
names are contained in the panel thereto annexed to be
served with a summons in writing, fix days at lea ft before
the court at which they are to attend, which summons
shall be in the following or words to the like effeift:
M By virtue of a writ of venire'facias to me directed, you
are hereby summoned to appear before the mayor and al
dermen, at the next court to lie held at the city hall in.
tlie city cf Savannah, on the fourth Tuefilay in
next, at ten o’clock in the morning of the fame day, to be
fwom as a juror for the trial of certain causes then and
there depending, under forfeiture : of ten dollars;” which
fliall be signed by the fherifT, or his deputy.
And be it further ordained , That t : <e clerk of the
court shall make due entries in the minute book of
the said court of ti e appearance of ali jurors ; and
also shall enter and return the names cf thole who fliall
make default in appearing: That if any person who fliall
be drawn, impaneled, summoned, and returned to serve as
a juror at the court aforefaid, according to the direction of
this ordinance, shall negfe-ft or refufe to appear, or after
appearance shall refufe to serve, or absent himfelf without
leave of the court, then in such case it fliall and may be
lawful for the mayor and aldermen, and, in the a'ufence of
the mayor, for the presiding alderman, to fine such person
in a'fine not exceeding ten dollars, unless such juror mak
ing default, or refilling to serve as aforefaid, fliall fliew
good and fufficient cause of excuse, to b : made on oath before
the mayor or before one of the aldermen of the city, which
deposition shall be filed in the clerk’s, office within thirty
days, and the merits of the fume be determined by the
mayor and aldermen presiding at the next court: And
when, from challenges or otherwise, there fliall not be* a
jury to determine a cause, the fherifT, or his deputy, fliall,
by order of the court, when such defe£t of jurors shall hap
pen, return jurymen of byfhnders, or ethers, duly quali- .
fied to serve, fufficient to complete the panel.
And be it further ordained , That the fherifT of the
city, and two city constables, flnll attend the mayor’s
court when fitting; and the fherifT may appoint a deputy,
and shall execute, by himfelf or his deputy, all summonses
and precepts direclei to him, and blued under the authority
of the mayor, either of the aldermen, or clerk of tlie court:
And before the ffierifF shall enter upon the duties of his
office he shall give bond and security, to be approved of
by the mayor, in the sum of five hundred dollars, for the
faithful execution of the duties pf his office by himfelf;and
his deputy; which said bond fliall remain in tlie office of
tlie city treasurer, and may be sued for, by order cf the
said court, for the fatisfaiftion of ail persons aggrieved by
the miicondu& of the said flicriff or his deputy: And the
said fherifT shall take the” following oath before the mayor
and two of the aldermen on the firft day of the firft term,
and the fame fliall be enteral on the minutes of the court:
w I do solemnly swear, (or affirm) that I will faithfully
execute all writs, warrants, precepts, and proctfies} directed
to me as fherifT of the city, agreeably to the city
and the laws of the land, and true returns make ; and in
all things well and truly, and without malice or partiality,
perform tlie duties cf the office of flieriiT of the city of Sa
vannah during my continuance in office, and take only my
lawful fees; so help me GodAnd an oath to the fame
purport fliall be taken by the deputy in open court before
he enters upon the duties of his office.
And be it further ordained , by the authority afore
faid, That the clerk of the mayor’s court fliall give in to
the firft court that is held in each month a jttft and true
account of all defaults made and fines imposed during tlie
preceding month, under pain of forfeiting the amount of .
the fine annexed to any default which he shall negledt to
report: That tlie clerk shall attend in his office, either in
person or by fome fufficient deputy to be approved of by
the mayor, from tbs hours of ten o’clock to two o’clock
every day in the year, Sundays excepted.
And be it farther ordained , by tie authority afore
faid, That the fherifT shall keep 3. strong bound book,'to be
procured at the expence of the.-city, which book shall be
ruled into seven columns, ia the firft of which he shall
write the parties names to every execution lodged in his
office, in the second tlie day. on which it was lodged, in
the third when the money was received, in the fourth
when paid over to the plaintiff, in the fifth when the exe
cution was returned to the clerk, in the sixth what was the
return made, in the seventh any miscellaneous matter that
occurred in tlie crnirfe cf the trarrfaction; which book shall
be a book of record, and lie in the fheriff’s office, and be
open to the infpedtion ofjyerv person who may demand it.
And be it farther obtained, by the authority aforefaid,
‘That ail the fines imposed shall be paid into the hands of
the city treasurer, by the fherifT, every month, for the ule
and benefit of the city.
And be it further ordained , That, in all cases where
the fherifT of the city is a party, then the summons and other
proceedings shall be directed to the marlhal of the city of
Savannah, who is authorized to execute and return the
fame; and in case of tlie death of the fherifT, his deputy
-ffiaii continue the cxcrcife of the office until his fuccdTor
shall be appointed and fwom.
And he it further ordained, That the fherifT,-at the
•-
expiration cf hi* office, Utah, W indenture and fchedafe,
turn over all such writs and prrfeeffes as fliall remain in his
hands to the fuccectfinjf fteriif, who fliall duly execute and
return tlie fame.
And be it further ordained, That the fherifT shall be
liable cither to an adion on tlie case, or an attachment fer
contempt of court, at the option of the .party, wherever it
fliall appear that he hath injured such party, either by falfe
returns, taking inefficient bail, or by negleCYing to arrest
the defendant, or to-Ivey on his property, or to pay over
to the plaintiff, or his attorney, the amount of any Tales
which shall be made under or by virtue of any execution.
In all cases where execution shall iflue illegally, c'n matter
which fliall have arilen fublequent to judgment, or tlie
flieritT fli dl levy on property claimed by any person other
than him against whom such execution ilfued, in which latter
case it (hall appear by the oath of fo claiming, or
by tlie oath of his attorney, to the fatisfu&ion of.the mayor
and two of the aldermen, and, in the absence of the mayor,
three aldermen, then it shall be the duty of the fheritf to
poftpnne the sale, or furttier* execution “of the judgment,
until the next term; and such Court fliall itfclf determine
on the illegality of the execution, and fliall cause tlie right
of property to be decided on by a jury at such court, wl.ofe
verdi(ft flwll be final.
And be it further Ordained, That the clerk cf the said
court fliall keep regular jind fair minutes and dockets of all
court business, width f!*|U be signed by tlie mayor or pre
siding aldennen, fo.far i-tbfe&nie may be gone through,
and fliall, before he entarsion the duties of his office, take
the following oath j .“Ttfo iW£mnly swear, (or affirm) that
I will truly and faithfully enter and record all the judg
ments, orders,.and proceedings, <jif the mayor’s court, and
that I will faithfully ipid impartially tlifclurge and perform
all the duties of* my laid office, according to the belt of.my
abilities and unde; {landing; lb help me God":” Aqd the
said clerk fliall give security, to be approved of by the
mayor, in the: sum of three hundred. dollars, for his good
conduct while in office; which bond shall remain in tlie
office of the city treasurer: That all petitions and fam
monfes fhall.be drawn, (if required) ilfued, and signed, bv
the clerk.
And be it further ordained, by the authority aforefaid,
That the clerk fliall not iltue any execution against any
person or property, on any judgment obtained, or the flie
riff execute the fame, uiiltfs demand be nude by the plain,
tiff, his attorney, or agent.
And be it further ordained, to the end that fome mode
may be provided, by u hich the grievances of the citizens
maj be made known to the city council, That, if any person
have cause of complaint against any one bf the city officers,
he shall give it in, in writing, to the mayor, or someone
of the aldermen, to be laid before the council at their next
meeting.
And be it further ordained , That the fees allowed to
the lherifT and clerk of the mayor’s court be as follows:
Fees of the Sheriff’sh Civil Cases.
For forcing a copy of the petition and summons, and en
tering the original, foventy-fi ve cents; if moYe than
one defendant,!for each additional copy, twenty-five
cents. „. . ~ •
Levying execution on the body or property, feventy-five
cents.
Summdhmg each witness, twenty-five cents.
On ali Tales under execution, two and a half per cent.
Making out and ligning a bill of sale, fifty cents.
Summoning a jury, and ail other services attending the
trial of an appeal, fifty cents.
For a bail bond, fifty cents.
Making out and executing titles to land, one hundred and
fifty cents; if written by the purchaitr, fifty cents. ‘
Conducting a debtor under confinement before court, fifty
cents.
Fees of the Sheriff in Criminal Cases .
Attending a person taken by warrant before the mayor or
one of the aldermen, thirty-seven and a half cents.
Executing and returning a warrant, fifty cents. -- -
Apprehending a person luipeded, if committed or held to
oail, fifty cents.
Fees cf tbc Clerk in Civil Cases .
For each cause fettled before, judgment, and each cause ‘
appealed on to a jury, feventy-five cents.
For each copy of a iumuions, or writ and petition, where
there are more than one defendant, after the lirllcopy,
twenty-five cents.
Each cause commenced in the court and prcfecuted to
judgment, not appealed from, including every ferviec
to entering latirfadion, one hundred and fifty cents.
For every writ of fubpeerta and ticket, fix arid a quarter
cents. . >
For issuing a commission to examine witnesses, fifty cents.
Each learch, Jix and a quarter cents.
A certified copy of any record, per copy ffieet, three and
one eighth cents.
Each appeal prosecuted to judgment, one hundred cents.
Each appeal fettled before verdict, fifty cents.
Each execution, twenty-five cents.
Fees of the .Clerk in Criipinal Cases-
The clerk’s at'-cinlance aitsthe:mayor’s chambers, or either
, ol the afefermep* to : take Abe examination or information
%of any person, thirty-seven and a half cents. -
Taking an examination,. information, or affidavit, per
copy ffieet, three and -one eighth cents.
Drawing a warrant, twelve ami a-balf cents.
A commitment oar liberati, twelve and a half cents.
Taking an acknowledgment, of bail before die mayor, or
in court, or before either of the aldermen,, and drawing
recognizance thereof, twenty-five ceitts.
And be it further ordained , That the fees to the at
tornies employed in prosecuting or defending each nrfe
be as follows:- A
-v. Jlttornies Fees #
On each cause commenced in the court and tried, two
dollars.
On each appeal prosecuted to judgment, two dollars.
Where the defendant prevails to receive the fee in lieu of
the plaintiff’s attorney.
And be it further ordained , by the authority aforefaid*
That the ordinance, entitled, “ An Ordinance for regulat
ing the Proceedings in the Mayor’s Court,” passed in
council the twenty-eighth day- of March* one tlmufopd