gov. may pass fishing in said river it shall not be deemed a violation of this act until otherwise provided by law; and that any delegations of Indians from Delegations said nation on business with the general government bona fide, shall to the fed. be permitted to pass through any of the counties aforesaid, without through. being subject to arrest: Provided, they can produce satisfactory evidence of their being such delegation, appointed according to the common usages of said nation. RESOLUTIONS. Indian Territory-Treaties-Reserves-Improvements-Citizens-Claims, &c. Resolutions, memorials, and remonstrances of the legislature urging Congress to the extinguishment of Indian title, 1821, Vol. IV. 10, ib. 11, 16; 1822, ib. 22; 1823, ib. 28, 30; 1824, ib. 45. A strong paper on the old and new treaty, 1825, ib. 58; 1826, ib. 75. Propose to allow reserves not to exceed one sixth, 1826, ib. 66. An exposition of the subject at large, requesting Congress to make one more and last effort at negotiation with the Cherokees, asserting the right in Georgia, and intimating the intention of taking the lands by force if not to be obtained without, 1827, ib. 75. Old and new treaty, and on the answer of the Georgia executive to the menace of force by the president, and on the resignation of Mr. Habersham, 1827, ib. 103. As to certain lands claimed by the Cherokees as having been ceded to them by the Creeks, 1828, ib. 126, and 1829, ib. 144; 1829, ib. 147; 1832, pam. 215; 1834, pam. 298. Respecting citizens' claims, 1821, Vol. IV. 8, ib. 16; 1823, ib. 33; 1824, ib. 39. Reserves and improvements, 1821, Vol. IV. 15; 1829, ib. 144; 1832, pam. 256. Conflicts of jurisdiction, agents and other officers and friendly Indians, June, 1825, Vol. IV. 50; Dec. 1825, ib. 58; 1826, ib. 71, 74. Protection of the white settlers and friendly Indians,-Creeks, 1825, Vol. IV. 53; 1826, ib. 78;-Southern frontier, 1826, ib. 76; 1835, pam. 332;-Seminoles or Lower Creeks, 1826, Vol. IV. 77.--Cherokee guard, 1832, pam. 218; 1834, pam. 335; 1835, pam. 336. Execution of convicts, 1834, pam. 293. Missionaries, 1831, pam. 266. INDIGO WEED. An Act to oblige the Planters of Indigo, after steeping the weed, to bury or destroy it within a limited time.-Approved March 12, 1774. Vol. I. 270. Whereas it has been represented by several persons concerned in planting and making indigo, that many pernicious effects arise from the number of flies which are engendered by leaving the weed, after having been steeped, to rot above ground, within forty steeped. 1. Sec. I. Be it enacted, &c. That immediately from and after the To be buried passing of this act, all persons who may be concerned in the planting eight hours and making of indigo, shall after the weed has been steeped and taken after being out of any vat or vats, cause the same to be buried at least two inches under the surface of the earth, or otherwise effectually destroyed, within forty-eight hours after such weed shall be taken out of any vat or vats as aforesaid. alty of five pounds. 2. Sec. II. If any person or persons planting or making indigo, Under a penshall neglect to cause the weed, after being steeped, to be buried or otherwise effectually destroyed, within forty-eight hours after the same has been taken out of any vat or vats as aforesaid, such person or persons so offending shall forfeit and pay for every such offence, the sum of five pounds sterling. [The rest of the section obsolete.] informer, the 3. Sec. III. One half of such forfeiture shall be paid to the person Half to the or persons who shall sue for the same, and the remaining half to the other to the poor of the parish where any such offence shall be committed. poor. Continuation of the act. 4. Sec. IV. This act shall be and continue in force for two years from the passing thereof, and from thence to the end of the next session of the general assembly, and no longer. [See Laws, Sec. 2.] Notice to creditors. Out of the The oath. INSOLVENT DEBTORS. An Act to carry into effect the Seventh Section of the Fourth Article of the Constitution.*-Approved December 5, 1801. Vol. II. 21. Whereas in and by the said seventh section it is declared, that— [Reciting it in full.] And whereas the manner of delivering up such estate has not been heretofore regulated by law, in conformity to the said seventh section, 1. Sec. I. Be it enacted, &c. [The first part of the section reenacted with amendments, see Sec. 9.] And the several creditors at whose suit he, she, or they, are charged or imprisoned, as aforesaid, and also all those to whom the said debtor or debtors shall or may be then indebted, to be summoned to appear personally, or by their attorney, at a day to be appointed. for that purpose, upon which day the In the State. debtor shall produce his books of account, if any he kept, which summons or notice shall be served on each of the said creditors, or left at their notorious places of abode, if they reside within this Statet-or if they reside without the State, then upon their attorney; and if no attorney, then to be published in one of the gazettes of Augusta or Savannah, at least two months before the day appointed for such appearance, and upon such, if any of the creditors summoned refuse or neglect to appear, upon affidavit of the due service of such rule or order, the court shall, in a summary way, examine the matter of such petition, and the suggestions of fraud, if any, and if upon such examination it shall appear to the court, that the debtor is really and bona Schedule. fide insolvent, then such person shall deliver to the court a schedule of all his real and personal estate, debts, credits or effects, and shall take and subscribe the following oath, viz. "I, A. B. do solemnly swear, (or affirm as the case may be,) in the presence of Almighty God, that I am not possessed of any real or personal estate, debts, credits or effects, securities or contracts whatsoever, my wearing apparel, bedding for myself and family, and the working tools or implements of my trade or calling, together with the necessary equipments for a militia soldier excepted, other than are contained in the schedule now delivered, and that I have not, directly or indirectly, since my imprisonment, or before, sold, leased, assigned, or otherwise disposed of, or made over in trust for myself or otherwise, any part of my lands, estates, goods, stock, money, debts, securities or contracts, whereby any money may hereafter become payable, or any real or personal estate, whereby to have or expect any benefit or profit to myself, my wife or my heirs"-so help me God. And upon the said debtor having taken and subscribed the aforesaid oath, the court shall order the Discharge. sheriff or jailer to discharge the said debtor from confinement on account of the matter contained in his petition, and such order shall be a sufficient warrant to the sheriff, jailer, or keeper of such debtor, to *For the former act for the relief of insolvent debtors, now obsolete, see Vol. I. 182. Thirty days, see Sec. 9. discharge the said debtor, if detained for the causes mentioned in his or her petition, and no other; and he is hereby required to discharge and set him or her at liberty forthwith, the debtor paying his or her Jail fees. fees; nor shall the sheriff, jailer, or keeper of said debtor, be liable to any action of escape, or other suit or information upon that account. Provided, That no person shall be permitted or entitled to take any Gambling. benefit or advantage of this act, who has within twelve calendar months, lost at any one time, by any species of gaming, the sum of one hundred dollars, or at different times, the amount of three hundred dollars. Provided also, and be it further enacted, that if any such person who Perjury in shall take such oath as aforesaid, shall, upon any indictment for per- bath, how jury, in any matter or particular contained in the said oath, be con- punished. victed by his or her own confession, or by verdict of twelve men, as he or she may be by force of this act, the person so convicted shall stand in the pillory for the space of two hours, be imprisoned at the discretion of the court, not exceeding twelve months, and shall never after have the benefit of this act, and shall be forever after incapable of being a witness in any court of justice, or serving as a juror.* taking the never there 2. Sec. II. Each and every debtor so discharged as aforesaid, shall The property never thereafter be arrested or imprisoned, by virtue of any execution of the debtor always, but founded upon any judgment obtained, or hereafter to be obtained, upon his person any debt or contract before that time entered into by the said debtor after liable or debtors, to any creditor so notified as aforesaid; neither shall any debtor so discharged as aforesaid, be arrested or held to bail in mesne process for or on account of any debt or contract entered into prior to their discharge as aforesaid; and any creditor so notified as aforesaid, who shall cause the person of any debtor so discharged as aforesaid, to be arrested, knowing of such discharge, shall forfeit and pay the sum of five hundred dollars, to be recovered by bill, plaint, or information, in any court having cognizance thereof, one half to the use of the other creditors of the said debtor, and the other moiety to the sole use of the said debtor, of which his creditors shall have no part or benefit; Provided that nothing herein contained shall prevent any creditor to have execution at any future time against the property both real and personal of such debtor or debtors. cealed, how 3. Sec. III. If any person shall discover and give information of Property conany property embezzled or concealed by any debtor as aforesaid, pre- to be disposed vious to his discharge, or not included in the schedule so delivered in of as aforesaid, such person shall be entitled to one half of the value of such property, upon its being established that the same was the property of the said debtor, and embezzled, secreted, or not included in the schedule as aforesaid. of the property and dered. 4. Sec. IV. The property contained in the said schedule, presented Disposition to the court by such debtor or debtors, shall be delivered into the hands of the sheriff of the county in which such debtor or debtors may have debts surrenbeen confined, who shall make sale thereof, agreeably to the law regulating sheriffs' sales within this State; and if any part of the property so given up shall consist of judgments, bonds, notes, contracts, securities, mortgages, liquidated demands or open accounts, the court shall order the same to be assigned over by said debtor or debtors, to some fit and proper person or persons, whom a majority of the creditors shall nominate to the use of, and in trust for such judgment creditors, which when collected by the said trustee or trustees, together with the money which may be in the hands of the sheriff, arising from the sale of any property of such debtor or debtors, shall be subject to the further order See Penal Laws, Sec. 174. Trustees. of, and after the payment of the costs and charges, shall be distributed by the said court agreeably to the laws within this State for the payment of judgments and executions. 5. Sec. V. The said trustee or trustees shall proceed, without Their duty, delay, to collect all the debts, &c. so transferred as aforesaid, either by suit or otherwise, which, when collected, shall be paid by the said trustee or trustees into the clerk's office of the said court; and the said trustee or trustees shall have and receive five per centum on all moneys so collected by him or them, as a compensation for his or their trouble and account- and expenses in collecting the same. And any trustee or trustees, who shall fail to pay into court any money by him or them collected as aforesaid, shall be subject to the same punishment for contempt, and to the same mode for the recovery of the said money, as sheriffs are liable to by the laws of this State. ability. Prison fees. Bond to prosecute in criminal cases. Security for the maintenance and jail fees of debtors, 6. Sec. VI. When any person or persons, who now are, or hereafter shall be committed for any debt or damage whatsoever, and shall not be able to satisfy and pay his ordinary prison fees, such fees shall be paid by the person at whose instance such insolvent person may be confined. An Act to authorize the Justices of the Inferior Courts of this State to discharge Insolvent Debtors, confined by process from any Court of this State whatever.-Approved Dec. 10, 1803. Vol. II. 147. Sec. I. [Superseded by the act of 1809. See Sec. 9.] And whereas it often happens that prisoners, debtors, and criminals, are committed and sent to jails in other counties than those to which they belong, and in which they ought of right to be confined, to the great injury of the county to which they are so committed, as the criminals in particular are frequently left there without prosecution, 7. Sec. II. Be it therefore enacted, That from and after the passing of this act, it shall not be lawful for any magistrate to commit a criminal to jail for any offence against the State, without first compelling the prosecutor to give bond and security to prosecute, according to law. And in all cases where debtors shall be committed under any execution or mesne process, at the suit of any person residing out of the county or State, the agent or attorney of the plaintiff shall give like security for the maintenance and jail fees of the defendant, the maintenance to be paid weekly; and in failure thereof, the defendant shall be discharged on application to the justices of the inferior court; and and seamen. in like manner, when seamen are committed at the instance of their captains, who frequently leave them in jail, security shall be given to the jailer, before he shall receive such seamen, for their maintenance and jail fees.* Repealing clause. 8. Sec. III. The said act to carry into effect the 7th section of the 4th article of the constitution, so far as the same militates against this act, be, and the same is hereby repealed. An Act to amend the foregoing.-Approved Dec. 13, 1809. Vol. II. 549. Whereas the mode pointed out by the said act for the relief of insolvent debtors is so speedy, and the process so summary, as to work *Act of 1820 authorizing prisoners arrested on civil process to be carried to jails of other counties, see Judiciary, Sec. 116, 117. great injury in many cases to creditors of such debtors; for remedy whereof, judges of su inferior solvent debt ors. 9. Sec. I. Be it enacted, &c. That from and after the passing of Duty of this act, it shall and may be lawful for the judges of the superior, or perior, and justices of the inferior courts,* and they are hereby required, on the justices of petition of any person or persons confined for debt, whether charged courts, in disin execution or otherwise, and whether the process by virtue of which charging insuch person or persons is, or are confined, be issued from the superior court, or other court of inferior jurisdiction, setting forth, that he, she, or they are so confined, and are unable to satisfy the debt or demand for which he, she, or they are so confined, or to give bail for his, her, or their appearance, to answer to the action under which he, she, or they is, or are confined, but are willing to deliver up the whole of his, her, or their estate and effects for the benefit of his, her, or their creditors, by rule or order of court to cause such debtor to be brought up; and being brought up, the said judge or justices shall proceed with such debtor in the manner directed by an act, entitled "An Act to carry into effect the 7th section of the 4th article of the Constitution." [See Sec. 1.] Provided that the notice required by the said act to be Notice, 30 given to the creditors of such debtor, if the same be by notice served days. upon the said creditors or their attorneys, shall be given at least thirty days previously to the time appointed for bringing up such debtor. And provided also, that if, upon bringing up such debtor, any one or Suggestions more of the creditors shall suggest to the said judge or justice, that of fraud, when and by the said debtor is not fairly insolvent, or that he has been guilty of whom to be any made. fraudulent practices, that then, and in that case, it shall be the duty of the said judge or justices forthwith to cause an issue to be made up between the said creditor or creditors, and the said debtor, fraud or Issue made not fraud.† 10. Sec II. Upon such issue being made up, the said judge or justices shall cause to be drawn and summoned, in the manner pointed out by law, a jury of twelve persons to attend at the court-house, at a particular day to be specified for that purpose, to try the said issue; and if the jury shall find that there has been fraud on the part of such debtor, then he or she shall be remanded to prison; and if they shall find that there has been no fraud, then the said debtor shall be forthwith discharged in the manner pointed out by the said act, entitled "An Act to carry into effect the seventh section of the 4th article of the Constitution." 11. Sec. III. The sheriff shall be allowed for summoning each jury the sum of five dollars, to be paid by the creditors, who shall require such issue to be made up. Sec. IV. [Repeals all repugnant laws.] ["An act for the relief of insolvent debtors, who may be confined in jail, and are unable to support themselves during such their confinement." Vol. I. 182. Repealed by constitution and subsequent acts.] An Act to extend to all persons imprisoned for Debt the privilege of up. A jury to be who shall try summoned, the issue. Sheriff's fee for summon ing the jury. 12. Within six months from the passing of this act, the sheriffs of Sheriffs to the several counties of this State, shall, under the direction of the lay off ten acres around the jails as * One or more justices of the inferior courts are competent to officiate in Chat- prison ham between the 1st of June and 1st of November. Vol. III. 249. ↑ This clause re-enacted in 1823. See Sec. 21. bounds. |