Newspaper Page Text
SUPPLEMENT to the Georgia Gazette,
April b, 79 3 - .
. * -1 -i 1 ’ *• - —--- - - —.
An ACT to extend tbe.Afilbonity ofthe Mayor and
Aldermen of Savannah to of Civil
Causes to a certain Amount.-
T T yHEREAS it would greatly promote the welfare ’
V V and'advantage of the pity of Savannah,* and the
inhabitants, to grant to the corporation tlierfcof the bower
of holding courts for the trial of causes to A certain fixed
amount, Be tt therefore cnachd, by the foliate and house
of reprefontauves of the Hate qf Georgia, in - general as
sembly met, That it fliall be ‘lawful for..the mayor and
aldermen of the City of Savannah, mid they are empowered,
at any time after the palling of this aft,. ti> hold courts
once in every month throughout the year, .'to iqjpoiut fudi
officers as they may decm.necC-fiVy,. and to fettle and al
low reasonable fees, not exceeding one half the fees'allowed
for like lervices in the inferior courts, in farts cognizable
therein, and to have jurifdiftiyu oft and td b(?ar and de
termine all civil causes not involving tlx- right or title to
any land or real fcftate ariling with'm the jurifd'iftioh of the
corporation, so as the dem(Uid, -in such lurt or aftion do
not exceed fifty dollars ; and,to ghre judgment, 1 and award
execution therein, according,toTajw: Provided, That if
aby party to a suit (hall.feel him^-hav or thtffifelves, ag
grieved, by the decilion of the faki courts, it fliall be lawful
for such party to enter an appeal, days* after
such trial, drib paying alf cods which may have accrti?d on
tlie said trial, and giving fuffigjtmt. -security to ;j abide and ‘
perform the sentence of the court at t'pe trial of the appeal;
and all appeals from the decilion of the said courts lhall.be
tried on the next court day fuccgedipg fuch.trial by. a jury
of seven men, whole verdict (hall Ik- final.
And be it further etucled, That the said mayor and’
aldermen lhall have power to draw and impanel jurors for
the trial of appeals', who {halt be reiident within tlieir ju
rifdiftion, and lhall be qualified and, liable V> serve on petit
juries, to cause them to lie lurhmoned, and. .to fine them for
non-attendance or other rnifconducl, in such manner as they
may think proper, not exceeding ]tfln dollars; and ft mil
have power to award’execution'for such fines, and caule
the goods of the person incurring such fines to be fold by
virtue thereof. *” 7
And be it further enacted, That the laid mayor and
aldermen, or any of them, may, on cpmglaint made by
any seaman or leamen for non-payment of their wages, or
by any other person for the non-payment of any debt or
sumos money, or of any damage not. Exceeding fifty dollars
as afcrelaid, to iflile a warrant, directed toyjny.ynnftuible
of the city, to fummoii or arteft the defendant, (if required
agreeably to law) and to fummon.all witpftjks; required by
either party to appear at the court of aldermen on fitch day
as lhall be therein appointed ; which fonjmcius,. with a trite
copy of the petition annexed, lhall b- foryed on the de
fendant ten davs before the fittmgffif the cqurt. V
And be it further enafduL, That the court of aldermen,
or either of them, may iffae warraut-rto ajjprchen 1 peribns
guilty or charged with any crime or breach, of the peace,
and after examination may, if necessary, commit inch per
son to gaol, or bind him over to appear at the next (Superior
Courtfor trial •. at which time the'proceedirgs of the said
court of aldermen, with respect to such culprit, lhall be
laid before the laid court. >’
And be it further enabled, That die ibid iVravor and
aldermen lhall, in all judicial proceedings,’- hVve reference
to and be governed by the laws of force inßate for re
gulating the judiciary proceedings-thereof fo-Ahd theriaid ’
court of aldermen is declared to be .-a cauirtfof retold, and
any person necessarily “going to, befog, ar,*'m’returning
therefrom, lhall be free of arrelt or- any civil fiut.
THOMAS STEVENS, Speaker, of the Ilbufc bf
Rcprefent'a tveeu : -y *.
BE.n J AMIN 1 ALIAFRtIRO, Prrjident of the
Senate • ‘ ■ . . 1t... v
Concurred, Febfuary\&, 1796, ■;.<
J AREL) IRVVIN, Coveraqr.
An ORDINANCE f,r regulating the Froctedings .in
the 21 tjor's Court, of Savannah.
WHEREAS the legiftaUire,• at tbt-’felHon on the
eighteenth day of February, .one tholifond ftycn
hundred and ninety-fix, did pals an aft, entiffod, “ An A'j}
to extend the Authority of the-Mayor and Aider men of
Savannah to have Jurifdiftion of Civil Causes to a cer
tain Amount to carry which, laid aft into full effect it
is necessary that the manner of drawing jurors, fib 1 the du
ties .and lees ot the officers of the. court, be aftertained:
e il therefore by the honorable the mayor,
and aldermen ot the etty of Savannah, so council %.j
----ltmbltd, and it is hereby ordained, That ti e court so
inmtuted by the leg-.ftature ftiall- be termed The Mayer's
Court, and lhall be held on the fourth TuelHay hi every
montii alter the pal nag of this ordinance, and adjourn from
ch.y to day tilt the.docket be dilpofod of; and that t’xx
term Itia.i be xnilinguiliied by the mouth -in wi.kh it foai>
lx held. . _ *... jj - g*i :. 37m
And be U further ordained, of vre
cr. dmg in laid court fliall be by petition and futatnons, a .
copy ot which (bail lx:, fen'ea on tHe ‘dofendanj ten days
Lftore the fitting of the court, and tl* fameUillk-ar
Ujtc m the name of the mayor of Savannah for. t|te time
Hong, and ne directed to the ffieriff of the City - t “and that
the retoruer lhall attend the conrt-whenever rgcuirii”by’
t "-' J 7 court, by the mayor, or one of tte aldernitn. ‘ .
r ’ , l ' e lt father ordained, dlrat,'’ fooi) rnav be
a. cer tne palling of this ordinance, the cWtot the foavor^
Cv ' a * wtailt ‘ rom t he ck-rk of the superior court of tlie
connty of C .atham, orihfc tax coliecTur, a UjV-jDf.perfons
luole and qualified to force as petit jurors ia tlie ftjperior
of the lame connty, as herein after is mentioned, for
trul ot civil causes in tlie masorts court; and that all
** 7V- ‘ as i uror ’ tik..trial of causes in the said
caci t lnall, every one of them, be twenty-vine, and undr
<! ycar-> 01 age, and liable to pay tax, a;l fhaJl be re
,A S Y U ‘ U^. tIK Y ltv ‘' av ? nna h ; and if any person not
as •ifortWd lhall be: returned upon anv iuch jury
f cause of challenge, and the party 1b re-
Lreeu laji be dilcharged upon the laid chiUlcngt, or upon
lm the truth of such matter.
r.v ft ft f urthtr ordained , tbe clerl: of the’
mviri .... t nmediately aEer receivingfuch lift, fr.*iv en
-r k•—A in a bosk to be provided for that purpose by 1
fucAC-fork; and the names of tfie revcfalpeffims fliall be
wntten <;n ftparaie pieces of paper, :md the fiid clerk fuall
cuuie a jury-box to. lie made for the said coprt, to be pro
v Hied ut the public an'i such jurors names flinll he
p> in f6cl * diftiflgnilhtng tfie feieral divifion* in
lucli manner, undcrrth'C direfti<ihs of the mayor, that the
burthen may be equally'home by the citizens liable to serve
as jurors in the said court; and no jury ftiall he drawn but
in the. pjcience o'fothfi liwyor, or in-the presence of one or
more of the aldermen and the clerk of the court; that the
number to lie drawn as aiorefaid lhall not be'lefe.than nine,
nor.more than fouitfob jurors.
’ And be it Jurtber-ordained, by the authority afore
faid, • 1 hat in all cases of ajjptal the appellant, >r his at- 1
torney, (lull serve, or caiife to beferved, on the defendant
or rcljxMident, dtte notice of the at ‘Rail ten-days*’
before the meeting-of-the couru >f ‘ /
And be it further ordained, That the IhcriiT, or his
lawful deputy for the time being,'ftiall, uix>u the jeceipt
of every venire facias , cable” the fevernl persons whose
names are contained in the panel tlicreto annexed to be
l'erved-with a fuinmotis in writing, fix days at leal! Before
the court at which tlk-y are to which fununons
.fliall be in the following- forth, or words to tlie like effefti
By virtue of a writ of ventre fuias t(/me dlrefted, .you
, afe bereby llimmonedttfV'appear before \tlie ina and J®
dermpi,. at the iiext coifit to-be iTt-fd at ‘the city lu.ll W
the city of Savannah) oh the’ fourth in “
next, at ten o’clock in the morn.ng of the fame day, to be
sworn as a juror for tlie trial ot certain caufos .then and
there depending, under..,forfeiuii‘e of ten which
lhall be iigned by tho ftieriffj or his deputy.
’ Ami be it further 1 ordained, Tliat the clerk of the
court .lnall make clue entries* in the minute book of
the said court .of the appearance of all.. jurors ;- am .1
alio ftiall enter and return the names of thole who fliall
make defauh in appearing: That if any person who lhall
be drawn, impaneled, fu in ironed, and returned to forve as.
a juror at the court aiorefaid, according to the direftlon of
this ordinance, lnall negfoft or teftlfii to appear, or after
appearance lhall refute to serve, or absent himieif without
leave, oi the court, then in such case it lhall and m’.,V be,
lawful for the mayor and ; ‘enntbi,* a:itl, in the abfetice of
the mayor, for the prelkling alderman, to. fine such per lop
in a fine not exceeding fob dollar, tmlefs focli juror mak
ing default, gr-refofing to ibrve as kfiirefaicl, lhall shew
good and fuimaent cause pfexeufe) tdbe —ntde on oath before
t::e mayor or before one ol the akfeihien of the citv, which
demolition (hall be filed in tlie ckrk’s office, within thirty
days, and the merits of the lame be determined by the
mayor and aldermen presiding at the next court: And
when, from challenges or otherv/*fe, tlicre fliall “not be a
jury to determine a cause, the Iherffi or his deputy,, ffiatl,
by order of the court, when such defect of jurors {hull hap
pen, return jurymen of by danders, or others, duly quali
fied to serve, lufficient to complete the panel.
And be it further ord'ained , That the IherilT of the .
city, and two city constables, ih-dl attend the mayor’s
court when fitting; and the (herb] may appoint a deputy,,
anjd lhall execute, by him fell’ or lbs deputy, ati-iummonfes
and precepts direfted to him, and ilfoed under tlie authority,
ol tlie mayor, cither of the aldermen, or clerk oi’ the court:
And before the IberifF Hull enter, upon tlie duties of his
office he lhall give bond and lecurity, to be'approved of
by tire mayor, ia the liim of five hundred dollars, for the ;
faithful execution ql the duties of his-‘'office byhinilVif and
his deputy; whichJaidbojidlk.il remain in the office of
* the city tftafurer, and may be sued for, by order of die
said court, for the l^tisfaftion.of ail ptrfong aggrieved by
the ni feon Just of the laid Ihcri.T or Ivis deputy : And the
said (hmff llnll take die* following oath before the mayor
and two ol the aldermen on the {li ft dav of the fii*ft term,
and the fame lhall be entered on tlie minutes of die court:
‘* ido foieiniily (wear, (qr a ti.aii) -tl.ut I wills dthfnliy
execute all writs, warrants, precepts, a r.-t prbc.eflcs, tlirvfted
to me as fiierill ol tlie city, agreeably to the city crJirunce
and the laws of the land, and true returns rtTrfow j arid In
all tuingv well and truly, add without niaiice or p'lrtiajtfiy,
perf nn the duties of the oillce or iheriff of the city'of ;a
\anaali during niv contiiiuauce in office, and take only'my
laafu-l lees ;in!k !p m.; Cods” And ;yi oath to the Tat he
purpoi- (null ik taken by yfic deputy in open court before
lie enters upon the duties of his office.
Ans bo it further ordained , by the authority afore
■faiiß I.liat tlie cierlr ci the mayor’s court ftir.ll give inf td
the hr t court titat is iiefd in each tnohth a. juft-om#'true
accmnit of a:l defaults m.'ide and fines impoli drtliinhg the
preceding rnenth, under p -in of forfeiting-tlie amount of
the fine annexed to any default which, he ftiall negleft to
re^xirt: i iut tlie clerk Hull attend in his office, cither in
person or by fomp- fufficicht deputy to be apprcved cf bv
the mayor, from the hours of ten o’clock to two o’clock
every day in the year, Sundays excepted. :•
fuel be it further ci\iaincd,_ by authority afore
faid, ’1 hat tlie flieriff ftiall kyep a ftfong bound book, to’foe
procured at die bf tRe cityv which ixiok-flvall be'*
.ruled into seven coluinfi.s, ui the firlt of tsliich lie ftiall
write tlie parties names to every execution-, lodged in his
office, in the tecond tire day 011 which it was lodged, in
the third when the money was in .tlie fourth
wdien paid over to the plaintiff, in the fifth wlien the exe
cution was returned to the fterk, in tlilTxth what was the
return made, in the levejnh any niitcolliuuious matter that
occurred in the courfoof tlie tranfitftit n ; which book ftiall
be a book of record, akl lir m rifo's office, and be
open to the in!peftion of every’ person who may demand it.
And be it further ordaitud , by the authoii.y afortfaid,
i hat all tlie tines inipoled flail be paid into the hands of
the city trealurer, by tne ff.eriffi, every month, for the tile
2nd benefit of the city. ‘ ’
. l l farther ordained. That, in all cases - where
t .e ftienn of the city is a party, then tlie firnmions and other
proceedings fliall be direfted to the marfoal of tlie city of
Sa\annal), wlio is authorised to execute nd return the
fame; and in case of tlie death of the {heriff, his deputy
lira contrail# the exercise of the oflfice until his fuccelfor
uiall a. anointed and sworn. - ■
And be it further ordained, That tbe fberifi; at the
expiration of bis office, lhall, by indenture and schedule,
turn over all such writs and procefib as lhall h
hands to the fucceedmg flitrifi; who lhall duly execute and !
return the lame.
And be it further ordained, That ’j
liable cith. r to an action on the case, or arfjttacbfoyjfr’
contempt of court, at t!ic optioiiftfo’tlie paW wlf
flull appear that he hath injured Inch
returns, taking infiifficient bail,* or by negfolßing j/ MK
the defendant, 01 to Ivey on his property, or
to the plaintiff, or his attomevythe amount |gßr
’ whiclv.diall be nvlde under or bv virtue of aOy
In all cases where execution (ball ilme
which ftp'll have arilen fubfoqjrfettt to judgmeut* VAtifo-
HletilF ftiall levy 011 property fclain’ied by any piirfiU vj<
!t-m him againlt vvkom ItK'jiexeeiftion iffuod,'jm whiißp’
case it fllUi \appear by. the oath ofthe person cl dtmi
by the oatfoof his attorney, to ffie fatiSfaftion of
and two ol the aldermen, and, in the ablence Ombtfifellife
three aklcrmcp, theiAit lhall bfe tlie duty of the “ihcrlfo tS
ppjfoone the oiHPbtilrer’cJfecntion of thq judgment®
until tlje next tfirm } laiid-fuehl-ecurt ftiall itfelf determine
on. the illegality of Ute arid (halt
of property to be. xlacktKttoiifbyi'a jmy at such Court,
verdicj lhall he final.-- -c.- -. .*'• “
And be it fnrther +tduin(A±' J l'ha.t the clerk qf tlieT.fo .so
court fliall kecp.reguldtfianil tWwlnures and dbekets of al
court the mayor or ftp
.tiding aldenneu,-,ib for afi'ffieTilne’iriay be £one
ypnd iktU, before lie enters oil the dutlWof his office, tafcfe
the follow ing mth r“• i’dcfffdlehni)!V Iw'ear, (or affinn) tlipn
: I will truly and aricf'rccortd. all the
inents, orders, and proftledtttgs; ‘ofthe mayor’s court, and
that, I will faithfully aticllmpartially difeharge and perforin
ai l the. dpties-oi m y laid office, according to tbe heft of sSy f
abilities -artd undei(fending; lb help nie God;” And the
laid clerk lhall give leftirttvy’tb be approved of by tlie
mayor, in the sum of ? rec hnndred dollars, for his
conduct svliilt in ‘office ; “which bond fliall remain 1u they
- office, of thejcity treafuterfoThat 41 petitions V.nd .
mobiles fliall ber drawn, (if required) iffiled, aiid figr.cdi by
..the clerk.. -■•••
.And-, he it farther ord'ained, by the authority afore said,
I.hat the clerk lhall notAffue any execution against any
person or pro i ty, oh any judgment obtained, or tlie 11m -
riff execute the- lame, untefs demand be made by the plaice
tiff, his attorney, or agertffo 1 ’fol
_ 4nd y be it further ordained, to the end that fome modi
so may be provided, by which the grievances of the-citizens
may be made the city council, That, if any person
have cause of complaint against any. one of the city officers,
he Jhall give . in, in-writiftfg, tb tip mayor, or feme on*?
of the alugrAien, to be laid bifoiie the council at their next
meeting... fj *’
And be it further ordained, That the foes allowed to
the liitriff an l clerk of the mayor’s ‘court be as follows:
Fees of the Sheriff tn Civil Cases.
iJEot .fotviing a copy of the ; petltiba anirimmnons, and eu
wring.. the original; fey, ertty-five cettts \\ if more th#.
kßfoudaiu;, far,reUGh- additional copy, twenty-five
■ cents. . ■ *.:\V. otai..
Levying execution on the bdffy or property, feventy-five
cents, ‘ ,
Siunmonmg.eaeh witness, twenty-five cepts.
On all sales under execution, t\Vo a half yrr cent.
Making out and.iiguing a biW ©ffale, fifty cents.
Summoning a jury, and all Ofthe?’ ferviccs attending the
trial of an appeal, fifty eelits.
For a bail.bond, fifty septs*.!:i-: ‘ ‘
Making out and executing titles to land, one hundred and
fifty cejits; if. written by ffiiie purchafel*; fifty cents,
pjhduftmg. k debtor under copfiluunent Ififore coUrtj fifty,
‘cents* , fo-.': b- v - ‘
• *■ * ty r ■ . . . • ‘
. Fees of tby Sheriff in Criminal Cases.
Attending a jjerfoii taken• by before the mayor or
oiie of the aldcrityn, tbirty>feiPeh and a half cents.
Executing and returning a vyurtant, ‘fifty cents.
Apprehending a person lufixifted, if committed or held to
bail, fifty cents*.. ‘"fo,-. • • *
Fees of the Gler-k iti Civil Cafes*
Fereach cause fou|ed before judgment, and each cause
appeafod 011 to a jui*y, feventy-five cents.
For each copy of a lummensy or writ and petition, where
there are mot e than one defendant, ’ after the firft copy,
twenty-five cents.
Each cause commenced in the - court and pro&cuted to
ui lgmuit, not appealed from, including every forvice
to tntering farisfadion, one hundred and fifty cents. 1-
For every writ- of fulaposnu otnd ticket, lix and a quartet*
cents* * - * a
For ift’uing a comiffiffion to examine witnesses, fifty cents*
Each fearcli, lix and 9. quuntor^Tfeiits.
A certified copy of any flifiet, three and
one eighth cents*. ; *, A..
Each appeal prosecuted to .judgitletit, one
Each apjxial fettled before ve*dift, fifty cents.
Each execution, twenty-fins c<*sifts.
Fees of the Chrk.in Criminal Cases *
The cle/kfos attendance.ufotbo-ana^o^r^chambers, or either
of the aldermen, tp or informa.tion
of any person, thirty,ftiWen a-httlf cents.
Taking ,an examinatioa,- mfownatkin,’ or affidavit, per
copy sheet, tliree atid one eighth cents.-.
Drawing a warrant, twelve aruT'd half cents.
A commitment or liherati, twelve and a lwlf cents.
‘faking an acknowledgment of bail before the mayor, or
in court, or before either of tlie aldermen, and drawing
recognizance thereof, twefitr*foe cents.
And be it further ordained , That tbe fees to'the at
tomies employed in profetuting or defending each cause
be as follows; * u
AttomierFuf.
On each cause commenced in the court and tried, tw
dollars. * * f
On each appeal prosecuted to judgment, two dollars*
Where ,the defendant prevails to receive the fee in lieu of
. the plaintiff’s attorney.. - rt.-o-’
And be it further ordained , by the authority
That the ordinance, entitled, “ An Ordinance for regulat
ing the Pr<.efcdings in the Mayor’* Court,” sassed in
council tlie twenty-eighth day of Murh, one thoufaud
ft vi hundred and ninety-fix, be, and the fome U hereby
repealed. •
In CnncH, ~
, Ami? if!**-"’'"aMa-’Jj.