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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