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EDITED ItY THOMAS HAINES.
VOL. V. M). 10.
qD Ije .-■/Hiinbarb of \~JCnicn,
BY 1». E. ROBINSON, Stale Printer,
And Publisher (by authority) of the Lairs of the I 'nited States
OFFICE NEAR THE CORNER OF U AVNE AND FRANKLIN STREETS.
ISSUED EVI'.IH Tl ESPAY MORMXG.
TERMS.—Tht’'*' Dollar* p<*r nunuiu. No subscription taken for I.>-8 than u
Year, and no paper discontinued, bitt at the option oi t»«e publi In r, until all uiiei.t
ages are paid.
CHANGE OF DIRECTION. —We de* ire such nf our subscriber* a = may at an
time aMi the direction of their paper* chanced from one Po-t Office to another, to
inform us, in all cases of the piece to which they had been preUoush' sent; the
mere order to forward them to a ui-d rent office, places it almost out of our power to
coinplv, because wo have no means of ascertaining th? office from which they are
ordered to bo but by a search through our whole subascription book, con
taining several thousand names.
ADVERTISEMENTS inserted at th? usual rates'. Saks of I AND, by Admi
nistnitors. Executors, rr Gumdiaus, are required by law tube held on the first Tues
day in the mouth, between the hours of ton in the forenoon and Hirer in the after
noon, at the Court House in the county in which the property is situate. Notice ol
these sales must be ghca in a publtc piz. tie SIXTX I»AV S previous to the day of
talc.
Sales of NEGROES tnu*l be at public auction, on the Crst Tuesday of the month
between the usual hours of sale, at the place of public sales in the county where the
letters testimentary,of A.lmimstrationor Guardianship, may have been granted, first
giving SIXTY DAYS notice thereof, in one of the public gazettes ot this State,
and at th? door of the Court House where such sales are to be held.
Notice for the sal' of Personal Property must be given ia i.ke uiuuner, I OR! ,
DAYS previous to the day of sale.
Notice to the Debtors and Creditors efan Estate must be published FOR M ,
DAYS.
Notice that application will be made to the Court of Ordinary for leave to sell
LAND, must be published for FOUR MONTHS.
Nolic* for leave to sell NEGROES, must be published fur FOUR MON I IIS,
before any order absolute shall be made by the Court thereon.
Notice of Application for Letters of Administration must bo published I HIR 1
DAYS.
Notice of Application for Letters of Di«tni.«*ion from the Administration of an Es
tate, are requir’d to be published monthly for SIX MONTH."*.
MILLEDGEVILLE JOCKEY CLUBKACES.
THE Spring Race* of the Mil- ’
,~~<> fl ledgevilk Jockey Club, * ill com
on the second Tuesday ■
S /•'' v 4 f . aTTrn.ji (HHh day) of April next.
iv: C<?»ts* Sweepstake. [
*. fifty dollars entrance; three or
re to nutke a race. A fine ;
ver Gul let put up by the pru-
.\ xV ‘•• pri i rs, worth |f(».
£.l? -■.<*'**’ *‘l day: I'wu mile heats—free
? ’ ‘ iT\*’ ' * <r ' J 'h I' l r *'-’ '
' k " i~ ■wJ 3d Jay. Three mile heat*—frer
for all. Purse, ..... - tfc.'UM) i
4th day. Four mite heat*. free for all. Purse, ... J UM‘ I
sthday. Cult*’ M«*e—two mile heste—s-'SO entrance—for the Yount" Plate,worth
Jl/fO—-I already entered. U;>e.. nut;! the-’stli March u-»t. The tnouey hung up
each dar. H. F. YOUNG & Co., Proprietors. •
January 23, 1533. I—l*lo ■
rri B. IV. FORCE & CO.
WHOLESALE SHOE HEALERS, " |
l>/g'U.-?a. Geor/rfa.
1 BOO—Owe Tl«»u*an<l Package. Boots and Shoes, comprising j
erervarti.l. in the hoc, whi< h can sold asdow asitf the Northern cities—ail ar- ;
ranyemoirta beinf with manufacture, direct. A full assortment of al! kinds of i
Leather.
Ancusta. Mwn h 20, I». W. FORCE &.CO.
EOIUHA AGRICULTCRAL IMPLEMENT MANUFACTORY AND !
AUGUSTA IKON AND BRASS FOUNDRY, corner of Jones and Cum
miug street*, wemwi e«nwr alawe the Planters’Hotel.—The subscriber would t ali i
the attowtiow of Pla<>t-rs atui otlters co tne aesortmont of AGRICULTURAL IM
PLEMENTS, 1«. which he has on hand, consisting of Ploughs of the most ap- j
proved kimls »wd of the dhf'rewt sizes, from light mie-borse to heavy four-horse; 11 ill- I
side and Drill }*!or»cl»s Seed Sow. rs, Harrow s, Thrashing Macbiues, Coru Shellers, ;
dilfercnl kind*; Corn awf Cub Crusher,, a first rate article: Wheat Fans, Hominy Mills,
Cylindrical Straw Oat,.*r, of different size«; also, various other Straw Cutters; Su- |
jar Milts, Paun Mills, Turning Lathes, Cii. ulur Saws, Tyre-bemliuK Machines, &c. ;
He is prepared to do heavy Iron Turning, or any other work in his line at short •
aotice.
The Iron and Brass Foundry is in full operation, having a first rate workman to
supemilea.l the business, and a good stock of the best pig iron and coal on hand. ;
Those in want of mat lune or any other kind of Custiu"s, may depend on theig being ;
well done ami of good ipislity.
Castings fur CiaU'U Chi Gearing, always on hand; also, Mill Irons. Ac.
S-ts < ?Q B F-RT PHILIP. |
('1 EORGIA I'll MALI'. C< >!.f-i Scottsboro'Georgia.—The I
W Spring term of this Institution, for 1838. will open on Monday, i
January Bth. It is desi able that all students should be present at the i
formation of classes, on the first day of the term. The government of (
the Itislrtution is strict, but salutary—being by written laws and consti- |
tution, which are rigidly enforced, after tho manner of the republican J
State Governments of this country. A pamphlet, containing hints on 1
Female Education, our system of instruction, discipline, &c., w ill i
g'aortly b* published, and sent to all who may feol interested enough ;
to apply for K. by letter, to the Principal.
The hours (<vr >n-»trurtion are from day light till nine o’clock I’. M. j
(summer and winter) reserving sow hours for meals nod recreation.— '
On Saturdays, studcuts are engaged only till noon. Tho I-veenm. (a |
literary and wicnlific Society,) of which the Principal is, ex officio. Pre- j
oident, meets every Saturday evening. This society has been establish
ed but a few months, and has already proven itself to be immensely im
proving to the voung ladies.
We pledge ourselves to impart, in one year's time, to any young la
dy, who possesses a good mind, and w ho can read fluently, a handsome
handwriting, a correct knowledge of Grammar, Arithmetic, Geography
and spelling.
Exertions are being made to have a clergyman attached to the Insti
ution, which will be effected with as little delay as possible. We have
1 library of 800 volumes-—an herbarium of 2IMXI species of plants, col- i
ected by tho Prine pal, in the rtfaie of South Carolina—optical tnstru- ;
merits—Chemical apparatus, maps, globes, &c.
The young ladies are rctpiired Io dress plainly—not to wear jew els
of any sort, and i»ot to attend balls and panics. .No store accounts ;
without the sanction of parents or guardians. Sn< has have account- '
will bo required to register all their expenses in a book, they w ill keep!
for the purpose. Patrons will receive a monthly report es their chil
dren's progress in their studies.
Hoard cau be had in the village.
\Vo solicit the patronage of our Southern friciu!’, am! p'cJge our
•elves to labor to deserve it. We not only invite, but w < (lt ld be fl.wer
cd by tho visits of all who mat be disposed to attend our lectuies, recita
tions, &.c. on r.uy dav or hour during the w eek.
L. LXTASTtI.
ANNA M. LATtSTE,
Principals.
Dec. 21- 49—fim
ADJLT ANT GENERAL’S OFFICE, t
dTA , Walker County. 27tli Feb. 1838. (
VJTENERAL ORDERS.—In conformity to the Jtiili section of the
Militia law, and in obedience to orders from the Commander in-Cltief,
the follow ing will b« the routine for the convention of the Field, Staff.
Company, and Non-commissioned officers. (Corporals included,) and
tbo Reviews of Inspection, in the sth and “th Divisions of the Militia.
In M<ij- Gen. Burney's Division. Gen. Ibn.hick's Brigade.
It. Fayette county, on the 30th of April and Ist of May.
In Henry comity, on the 2d and 3d of May.
In Butts county, on the 4th ami sth of May.
Genera/ Gordon’s Brigade,
In Jasper county, on the “th and Sth of .May.
In Jones county, on the 9th and 10th of May.
In Maj. Grn. II offends Division.
In Forsyth county, on the 10th ami l“th of May.
In Hall county, on the 18th. 19th amL2lst of May.
In llabeisbatn county, on the 22d, 23d and 24th of May.
In Rabun county, on the 25th ami 2(ith of May.
In I nion county, on the 2 < th of May. and
Iu Lumpkin, on the 30th and 31st of May.
By order of the Commaiulcr-in-Chief.
DANIEL NEWNAN. Adj l. Grn.
Written order in conformity to the above, have been transmitted bv
Mail to Generals Burney A; Wofford March 13. 8. 4t.
C1 4PITAL STUCK *IOO, alt paid m.—IVI JL-ON L. H Al -
) RIS, .4sfezH at Milledgerille, of the Georgia Insurance and Trus-
Cmnpany, will take Fire and Marine Insurance on the most rea
sonable terms. THOMAS S. METCALF, Pres't.
Wm. T. Gould. Secr'y
Directors of the Georgia Insurance and Trust Cornpan./. Nov. 4th, 1836.
Samuel Huie. Benjamin H. ll’arrin,
David 11. St. John, Hlisha Morton,
Adam John: ton, Edward Thomas,
Jacob Moire, Janus /’. .Stuart,
Solomon Kneel ind, Samuel II I’.rk,
Unijs Bowdre, Isaac T. Heard,
Pleasant Stovall, H illiam H. Morgan,
Artemus Gould, Harper C. Bryson,
John M. Adams, John P. Dowling,
Andrew J. Miller, Edward Paddfo.d.
Nnv 17—4 1 J
CAP I ION—AII persons are hereby enutioned against trading for a
Bond given by the subscriber to Robert Ware or hearer, for ti
tles to lots of Land, number 120 and 121 in the 24th District and 3d sec
tion, of tne comity nt Cherokee w hen surveyed, but no » Floyd County,
as the said Robert Ware, having failed to pay the consideration money
nt the time specified in said bond, I am determined uot to make titles to
saul lots of land, that 1 consider myself released by law ami equity from
Hie Obligation contained in said bond, and all persons arc hereby fore
warned ngainsl trespassing onsntd lots of land under the penalty of the
la 'is . B ive “ ■ u< ! boars date the last day of Nov. hist.
Feb,27. (7-4 t JAMES O. JI.LKS.
W’ u ’'■' COTTON Sl'.ljl).—Twenty tho u-
sand bushels, just receiving and for sale low by
r_a STOVALL, SIMMONS & CO
’ Augusta,
Standard of Union.
LAWN OF GS'XHUSSA.
AN ACT to nin< nd an act entitled an act, for the organiza
tion of a Court of Common Pleas and of Oyer and Termi
ner, for the city of Savannah, and for repealing the Civil
Jttrisdiv tion piven by the laws ol' this State, to the Mayor
and Aldermen, or to the May or of said city, passed Decem
ber 18th, 1819 : and to add to, regulate, increase and define
the Civil Juri; diction and powers of said Court, and to regu
late the salary of the Judge thereof.
Sta tion E tie if enact. ,/ by the Senate an./ House of Re
! /iresrii fa tires of the State of (jleor"ia, in (Jteneral Assembly met,
an.! if is her. by enacted by the authority of the same, That
i from and after the first day of January next, the Court of Cotn
j iimn Pleas and of Oyer and Terminer, lor the city of Savan
i nah, shall have jurisdiction of all cases w here the debt (exclu-
I she of interest,) or damages claimed, shall be above the juris
: diction of a Justices’ Court, and shall not exceed the sum of
I ttvo hundred dollar. ; and of all claim cases, where personal
I property is levied on, under execution from saitl Court.
' Sec. 2. And be it further enacted by the authority aforesaid,
! That all mortgages upon persona! properly, for an amount
1 w ithin the jurisdiction of said Court, may be foreclosed by the
! Judge ol the same, (in the same way or manner as in the Su
; perior or Inferior Courts.) and all subsequent proceedings
i thereon, shall be in said Court, and such as are prescribed by
! the laws now in force.
I Sec. 3. And be tt further enacted by the authority aforesaid,
That all suits in said Court shall be commenced at least ten
days before the time to which they are returnable, and the pro-
1 cess shall be served on the defendants, at least eight days before
the session of said Court.
Sec. 4. And be it further enacted by the authority aforesaid,
That the Judge of the said Court, or any Alderman of said
city, or any Justice of the Peace, shall have full power and
authority to issue attachments w hich shall be returnable to said
Court, and w ithin the jurisdictional amount of the same : Pro
vided, however, that the said attachments shall be issued at least
thirty days before the term to w hich they arc made returnable,
and shall be tested in the name of the Judge, Aiderman or
Justice issuing the same, and he signed by said Judge, Aider
man or Justice granting the same : And provided also, that no
judgment shall be rendered on such attachment, until the term
next after that to which it is made returnable.
See. 5. And he it further enacted by the authority aforesaid,
That such attachments shall be directed to the SherilF of said
Court, and to all and singular, the Constables of the city of
Savannah, and that all prior and subsequent proceedings
relative to said attachments, not herein expressly mentioned or
specified, shall be governed by the law s of the State of Georgia,
in relation to attachments, due regard being had to the nature
of the diflerent tribunals.
Sec. G. And be it j art her enacted by the authority aforesaid,
That whenever bail shall be required in any case about to be
instituted in said Court, it shall be lawful and sufficient to serve
the defendant with a process and copy of the affidavit, as in
cases ol bad pending the action, and w henever such process
with a copy ol tne affidavit annexed, and a copy or copies of
such process and affidavit shall be placed in the hands of the :
Sheiiii'of said Court, it shall be the duty of said Sheriff to ar- i
rest the defendant or defendants, to serve him, her or them, j
with a copy or copies of said process and affidavit, and to deal I
with him, her, or them, as is now required by the laws of force !
in this State, regulating cases where hail is required, and the :
subsequent proceedings shall be as in other cases.
Sec. 7. And be it further enacted by the authority aforesaid, '
; That in all bail cases issued under the provisions of this act, !
I the pfcrnnnr or plaintigi ttlzull u>.compelled- 4o fife bfe, fer-orj
their declaration, at least eight days before the term to which '
I said process is returnable, and on failure to do so, he, she or !
they shall lose a term, and if he. she or they fail to file his, her i
or their declaration, before the first day of the term to which ;
the process is returnable, the Court, shall, on motion, enter |
judgment of non-suit.
Sec. 8. And be it further enacted by the authority aforesaid,
That in all cases of attachments returnable to said Court, it
shall and may be lawful for the plaintiff or plaintiffs to file his, |
her, or their declaration, at any time before the opening of the I
term to which such attachments are returnable, and on failure I
! to do so by the openin \ of said term, the Court shall, ou mo- !
tion, dismiss the attachment.
Sec. 9. And be it further enacted by the authority aforesaid, \
That said Court shall have jurisdiction iu all cases in garnish- !
ment, as well when the debt of the garnishee to the defendant, !
shall exceed, as when it shall fall short, of the jurisdictional ;
amount of said Court, and that said Court shall also have’ju- I
j risdiction of all suits brought on bail or attachment, claim or i
i other obligations, or bonds given by parties to any proree- ;
i dings issued from, or had in said Court, notwithstanding that
! the penalty ol said bonds shall, or may exceed the jurisdiction '
; of said Court, (in consequence ol having been given in double
! the sum sworn to, attached, or of the execution issued, or pro
-1 perty levied on:) Provided, that the orieiui! cause of action
i upon which said bonds or other obligations were had and ta
j ken, did not exceed the jurisdiction of said Court.
i Sec. 10. And be it further enacted by the authority aforesaid,
That the Sheriff and Clerk of said Court, may sue and be sued
. in said Court, and when the Cleik of the same shall be defend
' ant in any suit or action, it shall be the duty of said Clerk (if
' required,) to copy the petition upon w hich said suit is founded,
i as in other cases, and annex a process thereto, w hich shall be
’ signed by the Judge of said Court, and shall be served in the
j same manner as in other cases, and it shall also be the duty of the
! Clerk aforesaid, (if required,) to make out final process in any
case in which he may be interested, as in other cases, which
f shall be signed by the Judge aforesaid, and executed as in other
cases; and when the Sheriff of the Court aforesaid, shall be
plaintiff or defendant, in any suit brought before the Court
aforesaid, it shall, and may he law ful for the Marshal of the city
of Savannah, or any one of the city Constables, to execute all
lawful processes for or against said Sheriff, and all such process
shall be directed to the Marshal of the city of Savannah, and
all and singular, the Constables of said city, and the proceed
ings thereon, shall be as in other cases.
Sec. IJ. And be it Jurthi r enacted by the authority aforesaid,
That in the absence of'he Judge of the said Court by indispo
sition or otherwise, it shall be the duty of the Clcik, or Sheriff
of the same, to open and adjourn said Court to such day as
the Judge may, in w riting direct.
Sec. 12. And be it further enacted by the authority aforesaid,
\ I hat the Judge ol the said Court, shall have p-ower to take
testimony de bene esse, iu all cases pending in the same, accor
ding to the laws of the State ol Georgia in force, due regard
being had to the nature of the diflerent tribunals.
Sec. 13. And be it further enacted t>y the authority aforesaid,
That all judgments obtained in said Court, shall be a lien on
all property belonging to the defendant throughout the State,
and all executions shall be directed to the Sheriff of the Court
of Common Pleas and Oyer and Terminer f r the city of Sa
vannah, and all and singular the Sherifl’s of the State of Geor
gia, and may be li tied on all properly throughout the s:»id
State: Vrorided, that the Shcrill of said ( unit shall levy all
executions on property within (he limits of the said citv.
See 11. And be it further enacted by the authority aforesaid,
That from and after the expiration of the present term of office
of the Judge of said Court, the salary thereof shall be fixed at
the sum of six hundred dollars per annum.
Sec. 15. And be it further enacted by the authority aforesaid,
That all laws or parts of laws militating against this act, be
and the same are hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives,
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 26th December, 1837.
GEORGE R. GILMER, Got ernor.
AN ACT to guard and protect the citizens of this State,
against the unwarrantable and too prevalent use of deadly
weapons.
Section 1. Z?e it enacted by the Senate and House of lie-
AIILLKBMSFVILBzi:, GEORGIA,
Our Country—Otir P*arty.
yresentatives of the State of Georgia, m General Asscnddy met
and it is hereby enacted by the authority of the same. That from
and after the passage of this act, it shall uot be lawful for any
merchant, or vender of wares or merchandize in this State, or
any other person or persons w hatsoever, to sell, or offer to m H,
or to keep, or have about their person or elsew here, any of the
hereinafter described weapons, to wit: Howie, or any other
kind of knives, manufactured and sold for the purpose of wear
ing, or carrying the same as arms of off; nee or defimee, pis
tols, dirks, sword canes, spears, &c., shall also be contemplated
in this act, save such pistols as are known and used, as horse
man’s pistols, kc.
Sec. 2. And be it further enacted by the authority aforesaid,
That any person or persons within the limits of this State, vio--
fitting the provisions of this act, exit pt as hereafter excepted,
shall, for each and every such offiuce, lie deemed guilty of a
high misdemeanor, and upon trial and conviction thereof, shall
I be fined, in a sum not exceeding five hundred dollars for the
i first offence, nor less than one hundred dollars at the direction
lof the Court; and upon a second conviction, and every after
I conviction of a like offence, in a sum not to exceed one thou
' sand dollars, nor less than five hundred dollars, :;t the discre
tion of the Court.
Sec. 3. And be it further enacted ly the authority aforesaid,
That it shall be the duly of all civil officers, to be vigilent in
carrying the provisions of this act into full effect, as well also as
Grand Jurors, to make presentments of each and every offence
under this acj, w hich shall con e under their knowledge.
Sec. 4. And be it further enacted by the authority aforesaid,
That all fines and forfeitures arising uudfr this act, shall be
paid into the county Treasury, to be appropriated to county
purposes: Provided, nevertheless, that the provisions of this
act shall not extend to Sheriffs, Deputy Sheriffs, Marshals,
Constables, Overseers or Patrols, in actual discharge of their
respective duties, but not otherwise: Provided, also, thot no
person or persons, shall be found g uilty of violating the before
recited act, w ho shall openly wear, externally, Bowie Knives,
Dirks, Tooth Picks, Spears, and which shall be exposed j
plainly to view: And provided, nevertheless, that the provis- ;
ions of this act shall not extend to prevent venders, or any oth- i
• r persons who now own and have for sale, any of the aforesaid
weapons, before the first day of March next.
Sec. 5. And be it further enacted by the authority aforesaid,
That txH laws and parts of law s militating against this act, be,
and the same are. hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives,
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 25th December, 1837.
GEORGE R. GILMER, Governor.
AN ACT to admit certain Deeds to be recorded and read in
evidence ; and also, to prescribe the effect of certain other
Deeds.
Section 1. He it enacted by the Senate and House < f lle
prtsentatiresof the State of Georgia, in General Assembly nut,
and it is hereby enact.d ffy, authority of the same, That
from and after the passing of this act. all Deeds for lands which
may have been recorded upon the usual proof of execution, but
not recorded within the time prescribed by the laws of t?.“ s !
State, shall be admitted in evidence, without further proof;
and when the originals are lost or destroyed, and that being
made judicially known to the Court, copies of the same may be
introduced and read in evidence, on any trial before any Court
of law or equity, iu this State.
Sec. 2. And be H fnffrrr -enacti : {tAry-TtnriTirtdroTtry'vrfb>ri sai T,
■That all Dccila “executed, according to the laws of this State,
but not yet recorded, may nevertheless be recorded within
twelve months from the passage of this act, upon the usual
proof ot their execution ; and when so recorded, the same
or copies thereof, when the originals are shown to be lost or de
stroyed, may be read in evidence without further proof.
Sec. 3. And be it further enacted by the authority aforesaid,
That all Deeds conveying lands hereafter executed upon being
attested or proved iu the manner required by the laws of this
State, shall be admitted to record, at any time, and after being
recorded, shall be received in evidence in any Court of Law
or Equity, without further pro; f ofthe execution thereof.
See. 4. And be it further enacted by the authority aforesaid,
That in al! cases where (wo or more Deeds shall hereafter be
executed by the same person or persons, conveying the same
premises to different persons, the one recorded within twelve
months from the time ol execution, if the proffee have no notice
ol a prior deed, unrecorded at the time of the execution ofthe
deed to hint or her, shall have preference; and if all be recor
ded, or not recorded within said time, the eldest deed shall
have the preference.
Sec. 5. Amt be it further enacted by the authority aforesaid, \
That all laws and parts of laws militating against this act, be, ;
anti the same are, hereby repealed. ’ !
JOSEPH DAY,
Speaker of the Douse of R< present ativcs.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 25th December, JI 537.
GEOPt GE n. Gll 31 ER, Governor.
AN AC P to alter and amend an act, for the more effectually
securing the probate of Wills, limiting the time for Execu
tors to qualify, and At idows to make their election, and for
other purposes therein mentioned ; passed December 10th,
1812.
Section 1. 13 cts enacted by the Senate and House of Re
present at i its of the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That
part of the above recited act, requiring administrators, admin
istratrix, guardians or distributees of any estate, to give per
sonal notice, in writing, to be served twenty days on the par
ties in interest, il in the State, ami ninety, if out of the State,
be, and the same is, hereby repealed, so far as respects notices
to parties out of the State.
Sec. 2. And be it further enacted by the authority aforesaid,
That before any administrator, administratrix or distributee of
any estate, shall get an order for the distribution of any estate,
from any of the Courts of Ordinary in this State, he shall give
to all the parties twenty days notice, if in this State, and if resi
ding out of the State, four months notice, by advertising, at
least twice a month, in one of the newspapers of this State,'any
law to the contrary, notwithstanding.
JOSEPH DAY,
Speaker of die House of Representatives.
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 2.»tu December, 1~.‘>7.
GEORGE R. G'l LM LR, Governor.
AN ACT to divorce John J. Metzger, and Jane Metzger, to
legalize the marriage ofShadrach Winkler with the said Jane,
and to legitimate the issue born of the said marriage.
Section 1. Re it enacted by the Senate and House of Re
prescnfatircs of the State of Georgia, in Genera! Assembly met,
and it is hen by enacted by the authority of the same,' That
tite matt imonml < onnexion, or < it il , ontract of marriage made
betwren John J. Metzger, and Jane Metzger, formcily Jane
McFarlane, bo, and the same is, hereby compk t- Iv annulled,
set aside ami dissolved, as fully and < 0.1 ctm Uy as if no such
contract had been entered into b< tween them 4 and that this
act shall be construed to extend to, and to operate from the
date of the verdict rendered in r.n action of divorce, between
the said John J. M< tzger, and Jane, his wife, in the Superior
Court of Chatham county, so as to legalize, ami make valid
the subsequent marriage entered into between the said Jane
Metzger, and Shadrm h Winkler, from its date, and to legalize
ami legitimate the children of the said Shadrach Winkler, and
Jane, his wife, formerly Jane Metzger, whether born before or
after the passing of this act, any law, usage, or custom, to the
contrary notwithstanding.
JOSEPH D\Y,
Speaker of the House of Representatives.
ROBERT M. ECHOLS,
Piesidcnt of the Senate.
Assented to, 25th December, 1 ’37.
GEORGE R. GILMER, Governor.
AN ACT to establish a general system of Education by Com
mon Schools.
Section 1. P.e it enacted by the Senate and House of Re
preseidatives o f the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority ofthe same, That
from and after the first day cf January, eighteen hundred and
thirty-nine, the funds of this State heretofore known as the
Academic and Poor School Funds, be, and the same are, here
by consolidated, and together with the interest on one-third
part ofthe surplus revenue, derived to this State from the Uni
ted Stales, and heretofore set apart for that purpose, shall com
pose and constitute a general fund for Common Schools, for
the State of Georgia.
Sec. 2. And be it further enacted by the authority aforesaid,
That on the first Monday in January, eighteen hundred and
thirty-nine, and on the first Monday in January, in each year
thereafter, there shall be elected in each of said School divis
ions, five Commissioners, vi hiih elections shall be held at the
places conducted and superintended by ] cr-cns authorized to
hold elections for Members of the Legislature, end county
Officers, and all persons entitled to vote for Members of the
Legislature and county Officers, shall be eligible to vote for
such School Commissioners.
Sec. 3. And be it further enacted by the authority aforesaid.
That it shall be the duty of such Superintendents, at the vari-i
ous precincts of such School divisions, to meet together at the
Court House in the county, the day after such elections, and
consolidate the votes so polled, and certify as to who have re
ceived the highest numbi r of votes, and who have been elect
ed, which certificate shall be by them delivered to the Clerk of:
the Inferior Court of said county, and by him recorded ; and ;
the Superintendents of such elections shall, within ten days after
the same, give written notice to the persons so elected School
Commissioners, of their elections.
Sec 4. And be it further enacted by the authority aforesaid,
That within ten days after the reception of such notice, the
School Commissioners shall assemble together, and elect from !
dieir number a President of the Board, and a Secretary, and!
shall also appoint a Treasurer, who shall give bond and secu
rity to the Commissioners for the time being, and their succes- !
sors in office, in such sum as they may fix upon, conditioned I
faithfully to discharge his duty as Treasurer, and should any i
vacancies happen in such Board of Commissioner s, by death,
resignation or otherwise, the same.shall be filled by the Board
itself.
Sec. 5. And be it further enacted by the authority aforesaid,
That it shall be the duty of tire School Commissioners in each
division, or a majority of them, to lay off their respective coun
ties into School districts, conforming, as nearly as practicable,
to the present .Militia districts, in the same, in a manner most
suitable and convenient for the purpose contemplated in this
act.
See. G. A.id be it further enacted by the authority aforesaid,
That they shall apply for, and receive from the State, their
proportionable share of' the general fund for Common Educa
tion, and shall apportion and divide the same among the sev- i
oral School districts in their divisions, in proportion to the num
ber of children in each, between the ages of five and fifteen
years, and shall make an annual report to the Governor, ofthe
number of Schoo] districts in their respective divisions, the dis-,
U'icts from w Lieb reports have been made to them, and the de- 1
faulting districts, the length of time a school has been kept in j
each ; and also the amount of funds received by themselves or
Treasurer, from the State, and from taxes raised, and in what
manner the same has been expended, and the number of chil
dren taught in each district; which report the said Comn is
-i< hits shall cause to he recorded by their Secretary, in a book i
kept fur that purpose.
Sec. 7. And be it further enacted by the authority aforesaid,
That the Cominissioncrs of each School division, shall, by this
act be, an 1 they are, hereby constituted a body corporate, un
der the name and style ofthe Commissioners of the Common
School, ami are made capable of suing and being sued ; and the
Trustees ofthe several school districts of each division, shall also
be a body corporate, under the name and style of the Trustees
of the district schools, with like powers as above, both of which
said Corporations, shall be allowed and entitled to own real
estate and other property, upon which to erect School houses,
and for other purposes connected with the schools.
See. 8. And be it further enacted by the authority aforesaid,
That the Trustees shall be elected by ballot, on the first Sat
urday in January, annually, in each School district, the elec
tion to be held by one Justice ofthe Peace in said district, and
one freeholder, ami all persons entitled to vote for Justices of
Peace, ami none other shall be eligible to vote for such Trus
tees : and it shall be the duty of such Justice and freeholder, to
certify to the School Commissioners of their divisions, the per
sons receiving the highest number of votes, and who are elect
ed, within ten days after such election ; and none but persons
residing iti such districts, shall be eligible, as Trustees.
Sec. 9. And be it further enacted by the authority aforesaid,
That it shall be the duty of such Justice and freeholder, presi
diittr at sui h elections, to notify the persons elected Trustees,
within five days alter the same, of their election, who shall,
w ithin fifteen days after the receipt of such notic'd, proceed to
ascertain the number of free w hite persons In their respective
districts, between the ages of five ami fifteen years, and return
the same to the Commissioners ofthe School division to which
they belong. They shall also receive from the School Commis
sioners, or their Treasurer, the funds to w hich they are entitled
under the law, and on the first Monday of November in each
year, make a report to the said Commissioners, showing the
amount received, the manner of its expenditure, the number of
children taught in their district, the length of time which
school has been taupht, ami the compensation paid to teachers
and.their names. They shall locate ami stqierintend the erec
tion of suitable School houses in"'their respective districts, at
the most convenient and suitable places for the inhabitants and
scholars residing in the same, shall employ and pay teachers
and visit the schools, at least twice in the year.
Sec. 10. Andbe it further enaett dby the authority aforesaid,
'l'hat the Commissioners am! Trustees ttndt r this act, shall
hold their office for twelve months, or until their successors are
elected, and receive no compensation for their services.
Sec. 11. And be it further enacted by the authority aforesaid.
That it snail be the duty of the Governor, annually to distri
bute to the Commis ioners of each School division in the State,
their propottionalde part ofthe Common School futtd, which
apportionment shall lx? made (by the last census, until the next
census be tik n, ami then by that,) according to the number
of free white persons, between the ages of five and fifteen years,
of which he shall give to said Commissioners, in each division,
immediate notice.
Sec. 12. And be it further enacted by the authority aforesaid.
That no monies received from the State by the Commissioners
for School purposes, shall be expended for any other purposes,
than for paying Teachers and purchasing books and stationers
for chddfcn, r. hose parents are unable to furnish the same.
Sec. 13. An Ibe it further enacted by the authority aforesaid.
That aftt r these Si bools shall have gone into operation, no
Tro tecs for districts shall be allowed to receive ruv funds from
the Commissioners, unless they shall have made a return signed
by a majority of their number, showing the amount received
by them, and how the same has been expended, and that a
school has been kept in their districts, at least three months in
the year preceding, or then ending.
Sec. 14. And be it further enacted by the authority aforesaid,
That all monies not drawn by any such defaulting district shall
be aided to the mnotmt to be distributed the next year, and
apportioned among all the districts in such divisions.
S ec. 15. And be it fir! her enact cd by the authority aforesaid,
That should the Commissioners, in any division, fail to apply
for, and distribute the fund received ns directed by this law, they
shall be subject to a suit for damages, nt the instance of the
Trustees of any district in such division, in any Court of law
in this State having jurisdiction, and the amount of damages
so recovered, shall be collected out cf the private property of
such Commissioners, and not from the funds of the School'.
Sec'. 1(>. And be if further enact:' / by the authorih/ aforesaid,
That any unexpended balances (after the paying'all ju-t de
mands and contracts) which may be in the hands of any Trtts-
P. L. ESO Hilt SON, PROPRIETOR
tees of Academies, or their Treasurer, or in the hands of
Treasurer of the Poor School Fund in this State, shall be by.
them immediately paid over to the School Commissioners' of
the division to which they belong. v
Sec. 17. And be it further enacted by the authority aforesaid,
That all white persons between the ages of five and fifteen
years, shall be allowed to be taught as scholars in the respect
ive districts in which they reside, or in case their location may -
make it inconvenient, in the adjoining district, by making ap
plication to the Trustees thereof, who may admit them under
such regulations as they may prescribe, though no one over
the age of fifteen years, and under twenty-one, shall be exclu
ded from said Schools.
Sec. 18. And be it further enacted by the authority aforesaid,
That in those counties where the inhabitants are tliinly settled
the commissioners may, if they think it best, refuse to lay off the
same into school districts, but they shall employ a suitable num-'
her ol Teachers who shall, under their directions, teach School
not longer than three months in any one district or neighbor
hood, so that every section of such county shall receive, as near
ly as can be, equal advantages from said fund; and it shall be
the duty ot the Commissioners of any such county in which tl:e
itmeratmg system may be thought best, tn mention the same in
their annual report; and so far as relates to the county of Ba
ker, the Commissioners confine to the three
•Military districts of said county.
Sec. 19. And be it further enacted by the authority aforesaid,
That the Commissioners and Trustees elected as aforesaid, in
the foregoing act, before they enter upon the duties of their of
fices, shall take the following oath before any Judge of the Su
perior Court, Justice of the Inferior Court, a Justice of the
Peace, in the county where they reside, viz: I, A B, do sol
emnly swear, that I will faithfully perform all the duties required'
of me by law, as Commissioner of Common Schools, or Trustee
of Common Schools, as the case may be.
Sec. 20. And be it further enacted by the authority aforesaid,
That the Academic Fund of Seri ven, Early, Burke, Bulloch
and Effingham counties, now loaned out upon promissory notes
and other instruments ol obligation, to the people of those
counties, •hall not be paid to the Commissioners aforesaid, un
til said funds shall have been collected on said notes and obli
gations, by the payment of the regular per centage and peri
odical reductions, as heretofore required by the present Com
missioners of said Academic fund: Provided, said funds are
secured by good security.
Sec. 21. And be it further enacted ly the authority aforesaid,
i hat each ami every county in this State, shall be authorized
to retain in tne hands of the Commissioners of said
.11 the money belonging to the Academic and Poor School
Funds in the aforesaid counties, shall be retained in said coun
ties, ami apportioned therein, to and for the purposes of this
act, and uot otherwise; Provided, also, that nothing herein
contained, shall be so construed, as to take, or control any part
ofthe sum ofthe Poor School Fund of BuHoch county, which
was given by Benjamin Pearson, by his late will and testament,
for the express purpose of the education of the poor of said
county : Provided, that nothing in this act shall be so con
strued as to prevent the several county Academies in this State,
from drawing their dividends of the Academic and Poor School
Fund, for the years 1837 and ’3B : Ptovided, also, that all ar
rearages of the Poor School and Academic Funds, shall also
be paid before this act goes into operation.
Sec. 22. And be it further enacted by the authority aforesaid,
Th vt no Academy now in operation, slwill be required to pay over
to the School Commissioners, any property or money hereto
fore received from any source, or that may hereafter be received
frem private benefactors, or as income from its property or
funds : Provided, that this act shall not repeal an act, assented
to the fifth day of December, 1832, to alter and amend an act,
regulating the Poor School Fund, passed the 22d day of De
cember, 1828, so far as respects the Poor School Fund, oftlje
county of Montgomery.
JOSEPH DAY,
Speaker of the House of Representatives,
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 2Gtb December, 1837.
GEORGE R. GILMER, Governor.
AN ACT to compensate one of the Justices ofthe Peace who
may he a Superintendent of the Elections at the several Elec
tion Precincts in the county of Clarke.
Section 1. He it enacted by the Senate and House of Re
presentatives of the Slate of Georgia, in General Assembly met,
and it is hereby enacted ly the authority of the same, That from
and immediately afier the passage of this act, it shall be the
duty of one of the Justices of the Peace who may be a Super-'
intendent at each of the several Election Precincts established
by law in said county, to meet at the Court House, and com
pare and consolidate the returns according to law, heretofore
made and provided in such cases; for w hich services, each of
the above named Justices of the Peace shall be. allowed, for
each return so made, the sum of two dollars, to be paid out of
the county funds.
, Sec. 2. And be it further enacted by the authority aforesaid,
That each of the said Justices shall make out their accounts,
agreeably to the first section of this act, setting forth the dav
and date, and cause the same to be laid before the Justices of
the Inferior Court of said county.
Sec. 3. And beit further enacted by the authority aforesaid,
That it shall and may be lawful for the Justices of the Inferi
or Court oi saiu county, to issue their order, requiring the
County Treasurer to pay the same out of any monies belong
ing to the comity not otherwise appropriated/
... Sec ' 4 ; it further enacted by the authority aforesaid,
I'hat all laws and parts of laws militating against this act, be,,
and the same are, hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives.
ROBERT Al. ECHOLS,
President of the Senate.
Assented to, 15th December, 1837.
GEORGE R. GILMER, Governor.
AN ACT to authorize the Justices of the Inferior Court of
Baker county, to appoint Commissioners to superintend
Elections in raid cottar .
Sectiqn 1. enacted by the Senate and House of Ue
pr<nfaftres of fee Sta'e-oJ Georgia, tn General Assembly met,
and it is hereby enacted by the authority of the same, That the
Justices of the Inferior Court of Raker conntv be, and they
are hereby, authorised to appoint such number of Commission
cis as may be necessary, to superintend the elections directed
by law to be held in said comity; and that the persons so ap
pointed, shml take the oath now required to be taken by ma
gistrates ami freeholders who superintend said elections.
Sec. 2. And be it further enacted by the authority aforesaid,
I bat the certificate ol said Court, that the person therein
named lias been appointed a Commissioner, under the provi
sions of this act, and that he lias taken the oath required by
law as a Superintendent of Elections, shall be sufficient author
ity to authorize the exercise of al! power which a Justice of
the Inferior ( ourt or a Justice of the Pence may Lv law exer
cise, in superintending the general mid county elections in
this State.
Sec. 3. And be if further enacted by the authority aforesaid,
That all laws militating against this act, be, and the same are,
hereby repealed.
JOSEPH DAY,
Speaker of the House of Representatives,-
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 25th December, 1837.
GEORGE R. GILMER, Governor.
AN ACT to authorize the Justices of the Inferior Ccurtof*
the county of Murray to form new’Militia Districts in said
comity, mul to oiler those already laid out.
Section 1. Ide it enacted by the Senate and House of He--
> presentatives of the State of Georgia in General Assembly met?
WHOLE IVO. 218.