The Georgia gazette. (Savannah, Ga.) 1788-1802, April 06, 1798, Image 3

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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.