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EDITED BY THOMAS HAYNES.
VOL. V. iVO. 4.5.
?Iflnbavb of \Nfnion,
BY I». E. ROBINSON, Stsitc I’litster,
Anil Publisher (by authority) of the Lau s of the I niteil State,
OFFICE MEAR THE CORNER OF WAYXE ASP IT.AMiI.OI STREETS.
ISSUED EVERI Till ISSDAI .IIOKNING DIKING THE SESSION.
KT TERMS •—-Three Dollar* per annum. No tuibseriplion taken for less than a
•vear. and no paper discontinued, but tit the option of the publisher, until all nrrenr
<aje» arc paid.
'CHANGE OF DIRL(’T!ON.—\\ r desire auch of our subscribers as tuny at an\
!iua uish the direction ol ihoir papers changed from one Post Office to another; to
nfortn na, in all cases, of the place to which they had been previously sunt: as the
mere order to forward them to a ditlerent office, places it almost out of our power to
comply, because we lune no means of ascertaining th? office from which they are
ordered to be changod, but by a search through our nhole subscription book, con
taining several thousand names.
ADVERTISEMENTS inserted at the usual rates. Sales of 1. \NI>, by Admi
■niatratora. Executors, er Guardians, are required by law to be held on the first Tues
day in the month, between the hours of ton in the forenoon and three in the after
noon, at the Court House in the county in which the property is situate. Notice of
these sales must be given in a public gazette SIXTY DAVS previous to the day of
Sales of NEGROES mast be at public auction, on the first Tuesday of the month
between the usual hours of sale, nt the place of public sales in the county where the
letters testimentnry, of Administration or Guardianship, mnv have been granted,first
firing SIXTY DAYS notice thereof, in one of the public gazettes of this State,
•ad at the door of the Court House where such sales arc to be held.
Notice for the sale of Personal Property must be given iu like manner, FORTY
DAYS previous to the day of sale.
Notice to the Debtors and Creditors of an Estate must bs published FORTY
DAYS.
Notice that application will be made to the Ceurt of Ordinary for leave to sell
LAND, must be published for FOUR MON THS.
Notice for leave to sell NEGROES, must be published for FOUR MONTHS
before, any order absolute shall be made by the Court thereon.
Notice of Application for Letters of Administration uniat be published THIRTY
DAYS.
Notice of Application for Letters nf Diamission from the Administration of as Es
ate, are required to be published monthly for tflX MONTHS.
PERSONS indebted to the Subscriber, either by note or ac- 1
count, are requested to make pavmcnt, without further notice, t
to Maj.f John R. Anderson. ’ B. IL ROBINSON.
Milledgeville, October I .’IB3B. 38—7 t.
IVOTICE. Moo s Murphey. of D Kalb County, announces himself as a candi
date for State Commissioner for the ••West rn and Atlantic Rail Road” of
Georgia. Nov. 6,1833. 42-*3t
Scottsborongli Female Semisiary.
AN arrangement has been made whereby the two Female Institu
tions in the village of Scottsboro’, will hereafter be united intoone,
under the sole control and superiiitendance of the subscriber. In offer
ing his services to the public as an instructor to the female youth of
Georgia, he would remark that several years of his life, have’ already
been devoted, with sueces.. to the important duties of Female Fdtica
tion, and although the <l-tai!s of the system, w Inch formerly enabled him
to carry to a highly desirable extent, both the moral and intellect
ual improvement of his pupils, cannot be enlarged on here, yet he
feels confident of success in rendering those entrusted to his care, not on
ly useful :>u<l vii tumis members of society, but its most accomplished
ornaments. The subscriber is desirous of establishing a school of the
very hi-licr cl; o acter. and if encouraged by the patronage of the public,
he will sp.i r no p tins in placing it oil such’a solid and permanent basis,
as will be <i •: nr nine to parents, that their daughters will derive every
advantage, ota in th.- useful and ornamental parts of education, which
any school in oar country can afford. The aid of the very best instruc
tors, in ever, department, has be nor will be secured. For the orna
mental branches and the l ingttages, the customary extra charges will be
made : for instruction in all the other branches, ih- price will varv from
fifteen to eighteen dollars pci term. acciTditig to the advancement’of the
pupil. Board may be obtained in e' e: al of the families of t o village,
though the subscriber is ih-irotis of t.o eiviu- into his own fam:’-,,
many of his pupils as his house, which is large and commodious.’ will
contain. The terms are fourteen dollar, per month, and all payments
are required in advance. The superior healthiness of Scottsboro’, nod
its other well known advantages, must always constitute it a situation
highly desirable to those who send their children abroad to school. In
conclusion, the subscriber, though born ami educated himself in the
South, yet coming as a stranger to this State, until his character as a
Teacher can be tested by the trial he desires, begs leave to present the
annexed testimonial, signed by members of the faculty of the University
of North Carolina. lie would also make a reference to all the citizens
•f Scottsboro’.
The exercises of the school will commence on the first Monday of Jan
uary, though the subscriber will be prepared to receive boarders, at anv
time after the middle of December; and during a short absence, appli
cations for situations may be made to the lion. C. 11. Cole.
WILLIAM E. ANDERSON, I’tin.
Scottsboro*, November Ist, 183?.
William E. Anderson. F.sqr.. having intimate I to the utidersiuned a
disposition to engage in the business of female in-truetion in one of the
Southern States, it affords them niucli pleasure to be aide to testify to
his competency to the task he proposes to undertake.
Mr Anderson is a member of one of the most respec’ahle families of
this State; and has enjoyed nil the advantages incident to our best Lit
erary Institutions, ai dto association with cultivated society. lie grad
uated at this University in 1825, ami subsequently received the degiceof
Master of Arts. He was for several years advantageouslv known to the
public as the Principal of a Female School of high character in the neigh
borhood of Hillsboro’. He has uniformly sustained the fairest reputation
as a gentleman of probity and intelligence; and in particularly entitled
to comrnendaiion for conscientious devotion to the general improvement
and spiritual interests of his pupils.
D. L. SWAIN, Prest.
E. MI TC|| F.LL. Prof. Chem.
University of North Carolina, I .1. I). B. HOOPER. Prof. I .at.
Sept. 27, 1838. $ W. M. GREEN, Prof. Rhet.
, _ 42—ts
Oglethorpe Fniverssty.
THE next term of this Institution w ill commence on the first Mon
day in Jam ary next, at which time applications for admission
will be received, and examination of candidates take place.
THE FACULIT CONSISTS OF
Rev. C. P. BEMAN, President and Professor of C’hcmistiy ami Nat.
Philosophy;
“ S. K. TALMAGE. Professor of Ancient Languages;
“ C. M. HOWARD, Professor of Moral Philosophy, Rhetoric,
nn«l Evidences of Christianity ;
N. W. CRAWFORD, Professor of Mathematics.
The Primary ami Academic departments will be under the charge of
Mr RAMSEY, late of Augusta, as Rector, a gentleman of well
known qualifications—assisted in the Classical ami English departments
by competent Teachers. The Faculty of the College will exercise a
supervisory power over these departments.
The Students of College will bo expected to lodge in the Dormitories.
Ample arrangements are made for boarding, &c.
The rule requiring the tuition in advance, can, in no case, be dispensed
with.
By order of the Board.
Nov. 8. 42—2 t S. K. TALMAGE, Sec.
A TEACHER waited.
TO take charge of the Washington comity Union Academy, the Ist.
of January next. A gentleman, well recommended as an experi
enced Classical Teacher, will meet with very liberal encouragement.
For particulars address WILLIAM FISH, Fish’s Store, Washing
ton county, Geo. By order of the Board.
Nov. 15. 43—2 t
L iAR RIED by the Railroad Cornpay* from Greene’s, eight miles
" bclew fire< ncsboro* to Atign-la.
I HOMAS DAWSON takes this method of notifying his customers
[ and friends that on this day, the Cars will take all the cotton or other
produce, from Mr. Greene’s, known as Jcfl'cisori Hall, to Augusta, in
one day. His agent R. J. Dawson, is now at the place and will re
rnaine there for the side purpose of receiving, marking, ami for warding
all Colton and Merchandise, free of charge, to Ids customers.
AH orders in tbu line of his business, directed to R. J. Dawson, at
Jefferson Hall, will -eceive immediate attention, and he forwarded to
Augusta, and will receive there the prompt attention of the suhscrilicr.
THOMAS DAWSON.
Augusta, Nov. (I, 1838. 4;j 4,
IWT O I ICE. All persons indidited to the estate of Tlicophlus Mai
son. late of W ilkinson county, deceased, are requested to come for
ward and make immediate payment, and those having demands, will
present them <luly amhenticatcd, within the time prescribed by law.
October-J, I SB. ALLEN CANNON, Adtn’r.
JW’Q TIC'E.—Will he sold to the highest bidder on the first. Tuesday
m l ehntary next, at the Court. House door in Walker county, Lot
No. 213 in 7th ami 4th sections, originally Cherokee, now
sohl for the hem fit of the children ( ,f L. .11. Robison
and so d by order of the honorah ■ the Infcri r Court of Washingou
the day "” * ,t " lg f,r ° ri,i,lary i““l’*-’*'-’*- 'l'erms made known on
J4.v, 15, 43-0 t BAMUEL ROBISON, fiqatdian.
erf
G FOBSGI A, THURSDAY MORAINCi, NOVEMBER 2f>, IS3S.
GEORGIA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
’Fite following; Bills were introduced and ordered printed :
A BILL
'l'o be entitled An Act to authorize the issuiio;' and sale of
State scrip for the purpose of conipleting the W estern and
Atlantic Railroad, and for other purposes.
Section 1. lie it enacted by the Senate and House of
llejiresi idatires of the Stille oj (leoryia, in General Assembly
met, and it is hereby enacted by the authority of the same, That
the Connnissioners of' the Western and Atlantic Railroad of
Georgia, be, and they are hereby authorized to borrow on the
I faith and credit of the State of Georgia, a sum of money, not
! to exceed the sum of three millions of dollars, to build, con
struct, and complete the said road, and all necessary appurte
! nances, and to supply ami furnish said road with such engines
1 and other vehicles as may be required.
Sec. 2. And be it further enacted by the authority aforesaid,
That to enable the said commissioners to obtain such loan, his
Excellency the Governor shall cause to be prepared and exe
cuted, with the due authentication of the State authorities, bonds
■ or scrip not having longer than years to run, bearing in-
I tercst, payable at any place in Europe or the United States, at
! a rate not exceeding six per centum per annum, for such amounts
jas shall be named by the said commissioners; which bonds or
scrip shall he delivered to the said commissioners, to be dis
posed of at not less than par value.
Sec. 3. be it further enacted by the authority aforesaid,
That the proceeds of said bonds or scrip, or the money derived
from the sale thereof, shall be by such Board of Commissioners,
deposited in such of the Banks of this State in good credit, as
will agree to receive the same on terms to pay Ibr the use thereof
the same rate of interest which the State shall be bound to pay,
and to repay the same, or any part thereof, to the requisition
of the Board of said Commissioners, on sixty days previous
notice of such call: Provided, there shall not be deposited in
any of auch Banks an amount exceeding the one-half its capi
tal, and that such deposite shall constitute a debt to the public,
and take priority of all other demands against any such Bank.
Sec. 4. And be it further enacted by the authority aforesaid,
That no scrip or bonds at anyone time, shall be disposed offer
a less amount than five hundred thousand dollars; and on any
such sale or disposition, the deposite provided for by the third
section of this act, shall immediately be made; and in case the
Banks of this State shall be unwilling to receive the same on
the terms hereinbefore prescribed, it shall be the duty of the
said Board of Commissioners to pay the same into the Treasury
of this State, there to remain sacred for the purposes of said
road.
Sec. 5. And be it further enacted by the authority aforesaid,
That to secure the punctual payment of the interest to accrue
on the said bonds or scrip of the State, the interest, income,
dividends, and profits to be derived on the Bank stock own
ed by the State, except such stocks as are otherwise pledged,
and the payments, discounts, and reductions on the debts due the
State through or in the Central Bank, be. and the same are here
by appropriated, and the faith of the State is hereby pledged,
that the same, under no circumstances or pretences, shall be di
verted or otherwise applied.
Sec. G. And be it further enacted by the authority aforesaid,
That the said commissioners shall have authority to employ a
suitable agent to negotiate the sale of the said bonds or scrip,
or appomt one of their-own body so-to do, and to allow for
such service a fair and proper compensation : Provided, that
the employment of such agent or commissioner shall first be sig
nified to the Governor, and the person selected shall meet and |
receive his express approbation.
Sec. 7. And be it further enacted by the authority aforesaid,
That the said Board of Commissioners, by the warrant of the
President of such Board, shall have authority to draw and re- i
ceive from the Central Bank of Georgia, (until such loan shall |
have been negotiated, and the proceeds made available,) the j
funds necessary to defray the expense of a vigorous prosecu- I
tion of the works on said road; and after the said loan shall ]
have been negotiated, and the proceeds made available, the said |
Board of Commissioners, on the warrant of the said President,
shall be authorized to draw for the same as the work shall make
progress, and payments become due thereon.
Sec. 8. And be it further enacted by the authority aforesaid,
That the said Board of Commissioners, be, and they are here
by authorized to make contracts for iron, spiles, and other ma
terials necessary for the superstructure of said road, and to pay
for the same from the proceeds of sale of said bonds or scrip.
Sf.c. 9. be it further enacted by the authority aforesaid,
That the said Board of Commissioners, be, and they are hereby
aut’i'-riz' 1 and empowered, to control and direct the location
an'! direction of --lid road, where the same is not already loca
' 1; and it shall be the duty of said Board, through the Presi
dent thereof, to make an annual report to the General Assem
bly, at the commencement of each session, of all actions of the
: Board, and of the prospective course of the Board; and shall,
in such report, in a conden-.ed form, give all necessary informa
tion in relation to said road, and of its views on all matters in
relation thereto for the succeeding year.
A BILL
To be entitled An Act to establish the Farmers’ Bank ofGeor
gia, to provide for the extension ami completion of the West
ern and Atlantic Railroad, and to afford relief to the several
Railroad Companies heretofore chartered by the State.
Section 1. Be it enacted by the Senate and House of Rep
resentatives of the State of Georgia, in General Assembly met,
and it is hereby enacted by the. authority of the same, That
there shall be established, in this State, a Bank, to be located
at the Seat of Government, and to be called the Farmers’ Bank
of Georgia: And the said Bank shall have a capital stock of
fifteen millions of dollars, all of which shall be owned by the
State. J
, Seo. 2. And be it further enacted by the authority aforesaid,
That for the purpose of raising funds for the endowment of
said Bank, there shall be issued by the Governor, in such form
as he may think best, three thousand certificates of stock, of
five thousand dollars each, amounting in the whole to fifteen
millions of dollars, to bear interest at the rate of five per cent,
per annum; ami one-third of said certificates shall be payable
in ten years, one-third in twenty years, and one-third in thirty
years, so as to divide the whole payment into three equal instal
: ments of ten years.
Sec. 3. And be it further enacted by the authority aforesaid,
j That there shall be appointed by
| commissioners of loans, who shall, on application to the Govcr
inor, receive the certificates of stock aforesaid, and offer and sell
itin the maimer best calculated to advance the interest of the
State: Provided, Not more than five millions of dollars worth
of said stock shall be placed in the hands of the commissioners
i at one time.
Sec. 4. And be it further enacted by the authority aforesaid,
'l’liat said commissioners shall, as soon as practicable after re
ceiving any money for any portion of said certificates, deposite
the same in one or rnore places of deposite for money, to the
credit of the Farmer-’ Bank of Georgia, to be paid to the draft
or check of said Bank, as may be agreed on ; and the commis
sioners shall give to the said Bank the earliest notice of the
times, places, ami ainouiit of said deposited.
Sec. 5. And be it fur!ln r enacted by the authority aforesaid,
That so soon as all the certificates of stock are disposed of, and
the proceeds deposited as aforesaid, the commissioners of loans
shall make two reports of their proceedings, and depo:;ite one
in the Executive Office, ami one in the Farmer-’ Bank of Geor
gia, with wli’n h tlieir duties shall cease ami determine.
Sec. G. And be it fitrlh' r enacted by the authority aforesaid,
’l’liat the interest which may become due on the aforesaid cer
tificate , and the principal; hall be punetiially paid by the said
Bank out. of the funds entrusted to it, and the profits made
tlx re:>n.
Sec. 7. And be it further enacted by the authority aforesaid,
That for the purpose of executing the provisions of this act, in
Our Conscience—-Our Cum; lru—lhtr t*nrty.
ne receipt, use and disbursement of the money to be raised as
aforesaid, there shall be annually appointed by
directors, who shall be a body corporate under the
mum 1 of The President and Directors of the Farmers’ Bank of
Georgia ; ami the said directors shall give bond to the Gover
nor in the sum of one hundred thousand dollars, and before en
; teriiig on their duties take and subscribe the following oath or
affirmation :—I do solemnly swear that I will faithfully discharge
he duties of director of the Farmers’ Bank of Georgia. They
shall appoint a president from their own body, and a cashier,
who shall in like manner give a bond of one hundred thousand
dollars, and take and subscribe the same or a similar oath. And
the said directors shall moreover appoint all officers, clerks,
agents and assistants required to transact the business of said
Bank, establish the salary and emolument of each, dismiss or
change such as they may think proper, and in general to see
that the laws are executed and the public service faithfully per
formed in regard to said Bank : Provided, They shall not have
power to alter the salary or remove from office the cashier, who
shall be removable only for sufficient cause shown.
Sec. 8. And iLfmlkcr enacted by the authority aforesaid,
That the salary of' the commissioners of loans shall be
dollars each ; and should they find it necessary to visit distant
or foreign States in the performance of their duties, their expenses
shall be paid, and such additional salary allowed as the Gover
nor shall think proper. The salary of the president of said
Bank shall be dollars; the salary of each director
shall be dollars; ami the salary of the cashier
shall be dollars.
Sec. 9. And be it further enacted by the authority aforesaid,
That the said F armors’ Bank of Georgia shall adopt and exe
cute in its proceedings the follow ing rules: —
J. It shall issue no note or other paper in the similitude of a
bank bill for circulation.
11. It shall owe no debt, except for its stock account with the '
State, and for its necessary expenses in the transaction of its '
business.
111. It shall, without unnecessary delay, distribute by loans I
the whole ol the proceeds of the bonds or certificates sold, ex
cept so much as it may be requisite to retain for the State’s own
w orks of internal improvement.
I \ . W hen the directors receive notice that a sufficient amount
of funds is placed to their credit, they shall take the earliest
measures to get it in their possession, when they shall set apart
the amount the Governor may think necessary for the State’s
own works of internal improvements, and loan cut two-thirds of
the remainder to the citizens of the State, and the balance to the
chartered railroad companies or canals, who may demand it
under this law-.
T . Every citizen ol the State shall have an equal right to
borrow.
V I. Loans to citizens shall be on a credit of five years, pay
able in five equal, annual instalments—notes to be renewed and
reduced twenty per cent, per annum, w ith interest at eight per
cent., paid in advance at each renewal.
V 11. Each note offered shall be secured by mortgage on real
estate, worth at least twice its amount, or on real estate worth
the amount of the note, with slaves to an equal amount; and
in every case the note shall be secured by two or more endors
ers, deemed by the board worth collectively twice its amount.
\ 111. No loan shall be made on a mortgage of slaves alone,
or on town or city property, unless said property is insured
against fire and the policy of insurance left with the Bank for
its security against loss.
IX. Notice shall be given in the public newspapers of the
time of loans, and the amounts to be offered.
X. Os the loans to individuals, each county shall be entitled
ton sum proportionate to its representative population, as as
certained by the last census.
XI. Money offered to the citizens of a county may be loan
ed to the citizens of any other, if not taken in two months by
those first entitled to it.
XII. All Railroads heretofore chartered by the State, ami
claiming the benefits of this law, shall be equally entitled to
it under the following regulations :—The whole of the stock
deemed necessary for the construction of the road shall be sub
scribed ; one filth part of said stock shall be paid in, and in good
faith expended on the road; satisfactory evidence of said pay
ment and expenditure being submitted to the board, it shall
loan to the road, in ten per cent, instalments, taking care to
loan no more till that which is loaned has been expended, ami
in no instance loaning more to a road than its stockholders
have expended. The security to be given by Railroads shall
be by a mortgage ol their entire interests. W hen an amount is
set apart by advertisement to be loaned to Railroad companies,
each company shall receive of it in proportion to its stock as pro
vided for by law or otherwise ascertained ; each company shall
m ike known its claims and organization at least ten days be
fore the distribution. Six months shall be allowed to each
road to come in and receive its dividend, but should anv fail
to demand it, the sum set apart shall revert to the common fund
for chartered Railroads; the interest to be paid by said Rail
roads shall be equal to that paid by the State, till their works
are completed, after which, it shall be the same with individ
uals; and the time for which loans may be granted to Railroads
shall not exceed that at which the State’s bonds fall due.
Sec. 10. And be it further enacted, That the valuation of
the property to be mortgaged to the Farmers’ Bank of Geor
gia, shall be made under the superintendence of the Inferior
Court of the county in which it is situated, and said Court
shall act as valueing agt nts, or appoint three fit and proper
persons to do so tinder oath. Butin cither event the certifi
cate of the Court, together with the affidavits of the valueing
agents, if they have been employed, shall be laid before the di
rector.- with each note offered ibr discount, under the seal of
said Court. /
Sec. 11. And be it further enacted, That the profits of this
Bank shall be set apart for the State’s use, and subject to the
annual appropriations of the Legislature, and payable to the
order of the Governor; but such as are not called for may
from time to time be vested by the board in such sate stocks as
may be within its reach, or be used to purchase the stock crea
ted by the State to endow this institution.
Sec. 12. And be it further enacted, That the Western and
Atlantic Railroad shall be extended to the seat of government,
or to some point in its immediate neighborhood at which it
may be connected with the Central Railroad ; and it shall be
the duty of the commissioners of said Western and Atlantic
road to cause the necessary surveys to be made and contracts
entered into, that an unbroken line of communication may be
speedily opened from our own sea coast to the Tennessee River,
ami from time to time lay before the Governor, the estimates
of the expense, that funds may be retained by the Bank as
aforesaid.
Sec. 13. And be it further enacted, That the books of said
Bank -hall be deemed a public record, rccievable as evidence
in any Court of law or equity in this State ; and it shall not be
necessary to produce said books in Court, but transcripts from
them, under the signature of the Cashier and seal of the Bank,
-hall !;<■ as good testimony as ii the books were present in
Court.
i Sec. 14. And be it further enacted, That any Railroad
Company, havingalso a chartered right to dig a eaiial, shall be
entitled to the same advantages in the construction of said ca
nal as is given to companies for the construction of Railroads
'by this net.
Sec. 15. And be it further enacted, That the Farmers’
Bank of Georgia, with all its notes and accounts, and books or
other interests of whatever kind, is hereby declared the pro
perty of the State; and all persons failing to comply with their
wri l ten contracts for the loan of money from said Bank are
declared to be public defaulters ; both principals and endorsers
on said note or obligation, and the notes or bills w hich may
be thus allowed to lie unpaid for thirty days, shall be trans
mitted to the Treasury of the State, where a record shall be
made of the delimit, an 1 execution issued against all the parties ;
and the money collected bv levy and sale by the sheriff of the
county in which any of the property mortgaged for the security
of said debt may he found. And the money, when collected,
shall he returned to the Bank, after deducting all expenses;
ami all laws, or parts of laws, militating against this act are
hereby repealed.
AN ACT
To provide for the call of a Convention-to reduce the number
of the General Assembly of the State of Georgia, and for
other purposes therein named.
Section I. He it enacted by the Senate and House of Rep
resentatives of the State of Georgia, in General Assembly mid,
and it is hereby enacted by the authority of the same, That
first Monday in April, eighteen hundred anti thirty-nine, be, and
the same is hereby designated and set apart as the day on w hich
the citizens of Georgia, qualified to vote for members of the
Legislature, shall, at the several places prescribed by law for
holding such elections, vote for delegates to represent them in
convention, in number equal to tlieir representation in both
branches of the General Assembly ; such elections to be con
ducted, managed and certified under the same laws as are of
force in respect to elections of members of the General Assembly.
Sec. 2 JiuzZ be it further enacted, That it shall be the duty
of such managers to transmit to his Excellency the Governor,
the result of said elections under the laws now- of force for con- ;
ducting, managing, and certifying elections of members of the
General Assembly as aforesaid, within thirty days after such
election, whereupon it is made the duty of his Excellency, the
Governor, to issue his proclamation, declaring the result of said j
elections, by warning the individuals severally elected to repre
sent the good people of Georgia in convention, as contemplated
by this act.
Sec. 3. And be it further enacted, That every citizen of the
United States shall be eligible to a seat in said Convention,
who has attained the age of twenty-five years, and been an in
habitant of this State seven years immediately preceding the day
of election, and who shall have resided one year in the County
for which he shall be elected.
Sec. 4. And be it further enacted, That each member re
turned as, duly elected shall, previous to taking his seat in said
Convention, take the following oath or affirmation, viz :—ldo
solemnly swear that I will not attempt to add to or take from the I
Constitution, or attempt to change or alter any other section,
clause or article of the Constitution of the State of Georgia, other
than those touching the representation iu the General Assembly*
thereof, and that I have been a citizen of this State for the last
seven years —So help me God. And any person elected to a
scat in said Convention, who shall refuse to take the oath afore
said, shall not be allowed to take his seat in said Convention.
Sec. 5. And be it further enacted, That the members of said
Convention shall assemble on the first Monday in May after;
their election, at Alilledgeville, in the Representative Chamber ;
of the State House, for the purpose of entering upon, and con- j
summating the great objects of their Convention, to wit: a reduc
tion and equalization of the General Assembly; shall have power
to prescribe their own rules and forms of business, and to deter- 1
mine on the qualifications of their own members; elect necessary =
officers, and make all orders which they may deem conducive to
the furtherance of the object for which such Convention shall
assemble.
Sec. G. And be it further enacted, That it shall be the duty
of his I Excellency the Governor, to give publicity to the altera- ■
tions and amendments made in the Constitution in reference to
the reduction of the number of the mem!® s composing the General
Assembly; and the first Monday in October next, after the
rising oi said ( onvention he shall fix on for the ratification
by the people of such amendments, alterations, or new articles,
as they may make for the objects of reduction and equalization
ol tb.e General Assembly only ; and if ratified by a majority of
the voters who vote on the question of “ Ratification”"or “No
Ratification,” then, and in that event, the alterations so by
them made and ratified, shall be binding on the people of this
State, and not otherwise.
Sec. 7. And be it further enacted, That it shall be a funda
mental article in the formation or amendment of the Conven
tion, that each county of the State now organized or laid out,
or which may hereafter be created by law, shall be entitled to
at least one Representative iu the Representative branch of the
General Assembly.
Sec. 8. be it further enacted, That so soon as this act
shall have become a law, his Excellency the Governor be, and
he is hereby required to cause it to be published in the gazettes
of this State once a week until the day fixed on by this act for
the*election of delegates to said Convention ; and that al! laws
and parts of laws militating against this act be, and the same are
hereby repealed.
A BILL
i o be entitled, An Act to encourage a direct Export and Im
port Trade with Foreign countries, and to authorise the for
mation of Joint Stock Companies for the purpose of dealing
in Foreign and Domestic Merchandise and Produce.
Section Be it enacted by the Senate and House of Re
presentatives of the State of Georgia in General Assembly met,
and it is hereby enacted by the authority of the same, That from
and after the passage of this act, it shall and may be lawful for
any number ol the citizen- of this State to form joint stock
companies for the purpose of dealing in foreign merchandise,
and domestic produce and manufactures, and for importing
from, and exporting to any foreign Slate or country any part
thereof, subject to the conditions and liabilities hereinafter pre
scribed.
Sec. 2. find be it further enacted by the authority aforesaid,
'I hat no joint stock company shall be formed under the provi
sions ol this act, whose capital shall be less than dollars,
which shall be divided into shares of hundred dollars each.
Sec. 3. And be it further enacted by the authority aforesaid,
That all persons who shall become shareholders in any such
joint stock companv, shall be, and they are hereby created and
constituted a corporation ami body politic, by such name and
style as the constitution and by-laws of any and every such
company may designate and appoint, and by such name, when
established and duly recorded as hereinafter prescribed, shall
be, and they are hereby made capable in law to have, hold, pur
chase, receive, possess, enjoy, and retain, to them and tlieir
successors or assigns, lands, rents, tenements, and hereditaments,
goods, chattels, and effects, ol whatsoever kind, nature, or
quality the same may be; and to sell, grant, demise, alien,
or dispose of the same; to sue and be sued, plead and be im
pleaded, answer and be answered, defend and be defended in
Courts of Record, or any other place whatsoever; and also,to
make, use, ami have a common seal, and the same to break, al
ter, or renew at their pleasure; and also to ordain and estab
lish, and put in execution such constitution and by-laws, rules
and regulations, as they may deem necessary ami convenient
for the government of such company : Provided, that such
bye-laws, rules and regulations, be not contrary to the Consti
tution and laws of this State, or of the United States: And
Provided also, that the real estate which it shall be lawful for
any such company to hold, shall be oidy such as may be neces
sary for their accommodation in relation to the convenient trans
action of their business, and such as shall have been bona (ide
mortgaged to them as security, or conveyed to them in satisfac
tion of debt- previously contracted in the course of their deal
intr, or purchased at sales upon judgments which shall have
been obtained for such debts.
Sec. 4. And be it further enacted by the authority aforesaid,
I hat no compan v formed under the provisions of this ‘act, shall
commence business until per centum of the capital there
of has actually been paid in to said company in cash, by each
stockholder, in proportion to the number of shares he or they
may hold, and the remainder thereof secured for the benefit of
the creditors of such company, by bond and mortgage upon
real estate to the full value of any stun so not actually paid in
in cash. v 1 ’
Sec 5. And be if further enacted by the authority aforesaid,
I hat the stockholders at any meeting of SI!( |, company, or the
ofheers appointed to conduct their business, shall have’power to
call for a further payment upon said stock at anv time, upon giv-
I*. L,. ROKINMON,
WHOLE
ing sixty days notice in the gazettes of the city
ness of said company may bo located.
Sec. 6. And be it further enacted by the
That upon the formation of any company under \
of this act, the stockholders thereof shall individually fl|ake out,»
by themselves, or by attorney in flic;, a certificate shallX
contain— mA
1. The name, style, or firm of said company, amlMimWmnt
of the capital thereof. " V AX
2. The names and residences of all the stockhoKhb; j| the
same, and the amount of stock held by each, the arndiXXjcash A
actually paid in by each, and the amount secured liy eacHi by
mortgage to said company. m
3. The period at which said company intend commencing k
business, and the period at which it shall" terminate,/and when M
made by attorney in fact, the power of attorney duly authenti- -
cated shall accompany said certificate.
Sec. 7. Ami bi it further enacted by the authority aforesaid,
That the said certificates shall be acknowledged by the several
persons signing the same, or their attorney in fact, before a
Judge of the Superior or Inferior Court, Justice of the Peace,
or Notary Public, who shall duly certify the same.
Sec. 3. Amt be it further enacted by the authority aforesaid,
, That the certificates and powers of attorney in fact, so acknow
' ledged and certified, together with a copy of the constitution of
t such company, shall be filed in the office of the Clerk of the
! Superior Court of the county in which the principal place of
business of such company shall be situated, ami shall also be
recorded by him at large in a book to be kept for that purpose,
open to public, inspection ; and if any of such company shall
have places of business in different counties, a transcript of the
said record duly certified by the clerk in whose office it shall
have been filed, under his official seal, shall be filed and record
ed in like manner iu the office of the Clerk of the Superior
Court iu every such county ; and the clerk, for each and every
registry required by this act, shall be entitled to the sum of five,
dollars ; and a certified copy of such certificate, powers of attor
ney and affidavits, shall be evidence in all courts and places
whatsoever.
Sf.c. 9. And be it further enacted by the authority aforesaid,
That each ami every stockholder in such company, ’ shall be
bound to said company and to the creditors thereof lor the pav
meat of the full amount of stock held by him or them, and that
no sale or transfer of stock shall take place unless the whole
amount dub thereon shall have been bona fide paid in cash to
said company ; affidavit of which, together with the name and
residence of the purchaser, shall be made by the principal offi
cer of said company, and filed with the other records in the
Clerk’s office of the Superior Court as aforesaid.
Sec. 10. And be it further enacted by the authority aforesaid,
That the stockholders of any company formed by authority of
this act, shall have power to elect such temporary officers at
they may deem necessary for carrying the same into effect, and
to regulate and stipulate the compensation to be paid to the same,
who shall hold tlwir several appointments until •; constitution
ami by-laws for the government of such company are estab
lished, and regular appointments made under the provisions,
thereof.
■ !1 -c. IL And be it further enacted by the authority aforesaid,,
That dividends of the profits of such companies may’ be semi
annually declared '. Provided, that a fund of ten per cent, over
and abot e the capital actually paid in, shall be reserved bv
such company to meet any unexpected loss they might sustain
before such dividend shall be paid in.
Stj.. 12. And be it further enacted- by the authority aforesaid,.
That the officers appointed for conducting the business of such
company, shall be liable to account to the stockholders for their
management of said business, both in law and equity.
Sec.'l.J. And be it further mulcted by the authority aforesaid,
T hat in the event of the failure or insolvency of any such com
pany, all the property, real, personal, ami mixed, and of what
ever kind ami nature the same may be, shall be immediately as
signed to three or more proper persons for the benefit of the
creditors of said company, and the said assignees shall proceed
to dispose of the same, and to pay the debts of the said com
pany, and should the same be insufficient to discharge the debts
and liabilities of such company, then ami in that case, they shall
pay each creditor in like proportion, ami if there be a surplus,
they shall pay the same in like proportion to the stockholders of
said company: Provided, that the said assignees, before taking
possession of said property, shall give bond and security to said
company, in an amount equal to the amount of property so put
into their hands for the faithful discharge of their duties
assignees, and the said assignees shall be allowed out of the s ml
proceeds, such compensation as shall be reasonable and just.
bi.c. 14. And be it further enacted, That all companies form
ed under ami by virtue of this act, may continue business un
dei the same lor the term of years, from the commence
ment of said business, and no longer: Provided, that nothing
herein contained, shall be so construed as to prevent such coni'
panics from using their corporate name after the expiration of
tne.titne aforesaid, for the purpose ol settling up their said
business.
A BILL
To bi- entitled, Au act to aid in the construction of Railroads
in this State, ami for other purposes connected therewith.
Section 1. Be it enacted by the Senate and House of Re
presentatives oj the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same,' That
for the purpose of carry ing out the system of Internal Improve
ment, by Kailroads, in ibis Slate, as now provided for by
?! l ’ ie e:u '' lesl possible day, the Commissioners of the
State Railroad shall, conjointly with the Governor of this State,
from time to time, and in such sums as to them shall seem most
expedient, sell or dispose ol stock, hereby created on the cre
dit of the State, bearing an interest of not more than six per
centum, per annum; scrip for which stock shall be issued and"
signed by the Governor and the President, for the time being,
of said Board of Commissioners ; ami the said stock shall mu'
be redeemable in less time than thirty years after it is issued
and the interest thereon shall be provided for as hereinafter
pointed out.
-Andbe it further enacted by the authority aforesaid,
I hat for the purpose of hastening the completion of the Rail
roads now in the progress of construction, by companies in
corporated in this State, or about to be undertaken under char
ters already granted-, the commissioners aforesaid, conjoinil\
with the Governor, shall lend to said companies, out of the
funds herein directed to be raised, from time to time, as the
said companies shall progress in the construction of their
works, such sums as shall be equal to one half of the sums ac
tually paid up, and in good faith expended on the worksafme
said by the individual stockholders ; which loans so made by
■lie Stale, shall be expended by the companies receiving the
same, on the works (imlei taken by them ; and the same being
so expended, the individual stockholders shall proceed to p;i\
up and expend, as aforesaid, a further portion of their capital’;
after which, on the proper exhibit b< ing made, the Commis
sioners and Governor shall loan to said companies a furtber
amount, equal to one half of the second payment and expendi
ture by the stockholders; ami so on to the completion of the
work : L rovided, that no loan shall be made to any company
until the stockholders thereof shall have actually paid up, ail’d
in good faith expended, as aforesaid, tweiß five per cent, of
their stock subscribed ; which said sums, up and cx-r
pended, shall be made appear to the ConmUm.mrs and Go,
vernor aforesaid, by the report, made mid t mb, of the Pre
sident, C hies Engineer, ami Cashier, or Ti e; -nrer, as flic case
may be, of said companies respectively.
r Sec. 3. And be it further enacted by the authority aforesaid,
I hat the companies aforesaid shall execute tlieir obligation to
pay into the Central Bank, or Treasury of the State, annual
ly, interest on the sums solent to them, together with their pro?
portion of theexpenses that may occur in the sale of the Slate’s
stock hereby created ; which interest shall be a! the same rate
as that which the State shall engage to pay on the stock crea
ted by the first section of this act; and on the failure, by any
company,to |>.» r y such ipterest 7 al the time, am| in the
5