entitled to receive their proportion of dividends, in common with counties not charged.-[Reso. of 22d Dec. 1823. Ib. 31.] As to a tract of confiscated land, supposed to lie on the St. Mary's river, which had been purchased by the academy of Elbert, Jackson, Clarke, Jasper, Morgan, Putnam, Laurens, Montgomery, Scriven, and Bullock, at $3,962, (equal by the scale to $495 25,) but could never be found, see Reso. of 1823, ib. 31; and as to Tatnell academy, in connection with the same subject, see Reso. of 1825, ib. 56, and of 1834, pam. 277. 56. Resolved, That hereafter it shall be the duty of the trustees of all academies in this State which derive a part or the whole of their support from the State funds, to make an annual report to the Senators of the county in which such academy may be, of the following form: 1. The number and salaries of instructors. 2. The number of scholars. 3. The annual income. 4. Branches of learning taught in each, together with any material change which may have taken place since the last report. Resolved further, That if any academy shall fail to make such report in time for it to be laid before the Senatus Academicus, such academy shall be debarred from any further aid from the funds, which now or may be hereafter, set apart for that purpose, until such report shall be made as herein contemplated. Approved, December 18th, 1824. (Ib. 40.) 57. The report of 1826 (ib. 79) presents a history of the County Academy, and of the Free School endowments respectively: notices some of the misapplications and abuses in both systems; exhibits a table of counties, population, and amount due to each county; and appoints a committee of three to digest and report to the next session, a plan suited to the condition of the Poor School Fund, and of the dependent population of the State. And, Resolved, That in all cases in which any county, by its agent, may heretofore have drawn any portion of the poor school fund, and shall not have made a full, distinct, and detailed return of the manner in which such fund so drawn has been disbursed, it shall not be lawful for such county to draw any further portion of such fund, until full report shall have been made, according to the statutes in force on this subject shall have been fully complied with: and that his excellency the Governor be requested to have this resolution strictly complied with. Resolved, That any stock that may hereafter be subscribed for, or taken by the State, in the bank of Macon, or in the increased stock of the bank of Augusta, that the same be set apart and added to the stock composing the school fund of the State, and that the dividends thereof be distributed accordingly. 58. Report of 1827 (ib. 92) vindicates philosophically, and at considerable length, the importance of classical studies, and prescribes a tabular form of returns for Academies and for Free Schools. 59. Such has been the irregular manner, say the committee of 1828, (ib. 116,) in which the reports of Academies and Free Schools have been made, that they find it impossible to give such a condensed view of them as can lead to any correct conclusion as to their real state and condition. They had found out but one fact,-that, with some honorable exceptions, there had been great waste and misapplication of the funds. 60. The report of the proper committee, agreed to Dec. 19th, 1829, (ib. 138,) states, That the present free-school system of Georgia is miserably defective, your committee have had but too mortifying testimony in the returns of the several counties, submitted to their inspection during the present session. The fund set apart for free schools, although entirely inadequate to effect the important desideratum of furnishing the means for a plain and substantial education to every family in the State, under a more regular and economical administration, has, it is feared, been dissipated with comparatively little benefit. Resolved, (in substance,) That the Governor is authorized to appoint one or more persons to digest and report to the next session, a system for the Free Schools of Georgia. 61. Resolved, That the Trustees of the Poor-school Fund of said counties [all the counties] be, and they are hereby authorized and required to accept and pay off all accounts due for the tuition of poor children prior to their acceptance of the appointment of trustees (and which have not been paid by their predecessors,) in the order the same become due; Provided, the persons claiming such accounts shall render the same under oath. And be it further resolved, That his excellency the Governor be, and he is hereby authorized and required to pay over the amount of the Poor-school Fund set apart for this State. Approved, December 18th, 1829. (Ib. 148.) 62. December 23d, 1830, (pam. 257,) Resolved, That charges in the accounts of trustees of Academies, or of poor school fund, for compensation of agents, for conveying money from the Treasury, is disapproved. Resolved, That it be recommended to the trustees, of the several Academies and of the poor school fund, to procure the transmission of the money apportioned to them, in such manner as may preclude expense. A resolution of December, 1831, (pam. 289,) disapproves the plan proposed by the board of trustees, of educating at the University, one poor boy from each county; and again authorizes the Governor to appoint suitable persons to report to the next Legislature, a system of Academic and free school instruction as nearly uniform as practicable throughout the State. 64. The Legislature express in the adopted report and appended resolution of 1834, (pam. 279,) a cordial approbation of the manual labor system, and a willingness to foster and encourage the efforts making to that end by several religious denominations. A digested statement of the condition of the Academies and Free Schools in each county in the State, alphabetically arranged, is published with the laws of 1833, 1834, and 1835. A brief report in 1836 concludes with stating, that "from all the information before your committee, there is great imperfection apparent in this system of education, and great laxity in the disbursement of this fund, calling for a thorough reformation."-Pam. of 1836, p. 16 of Res. 30 A solemn affirmation va punished as perjury. AFFIRMATION.-1756. An Act for the ease of Dissenting Protestants, within this province, who may be scrupulous of taking an oath, in respect to the manner and form of administering the same.-Passed December 13, 1756. Vol. I. 391. Whereas many inconveniences may arise in this province through the scruples of divers Protestant Dissenters, within the same, of good estates and abilities, who refuse to take an oath, by laying their hand on the holy evangelists, whereby the public is deprived of their services as jurymen. And whereas, acts of toleration and indulgence to Protestant Dissenters have been found of beneficial tendency to other his Majesty's provinces, and may, in a particular manner, be so to this infant province, in order that such Dissenting Protestants may be enabled and compellable to serve on all juries, and to give evidence in all cases, and that the acts of such Protestant Dissenters may be valid and effectual, in respect of the manner and form of taking and administering oaths; Be it enacted, That immediately after passing of this act, any perlid as an oath, Son who shall appear in any of the Courts of Judicature, or before any and, if false, judge, or magistrate in this province, either as juror, witness, party, or otherwise, in any cause, civil or criminal, and shall make and distinctly repeat a solemn and conscientious declaration and affirmation, according to the form of his profession, in any matter, cause, or thing, wherein an oath is required by law, in the following words: "I, A. B. do swear, in the presence of Almighty God, as I shall answer at the great and awful day of judgment, that, (as the case may be.) So help me God." And such solemn and conscientious declaration and affirmation shall be deemed, held, adjudged, and taken to be valid and effectual to all intents, constructions, and purposes whatsoever, in the same manner as if such person had taken an oath on the holy evangelists of Almighty God. And that all and every such person and persons, as shall be convicted of falsely and corruptly affirming and declaring any matter or thing, which (if the same had been an oath taken on the holy evangelists,) would by law amount to wilful and corrupt perjury, shall incur the same penalties, disabilities, and forfeitures, as persons convicted of wilful perjury do incur by the laws of Great Britain. In what cases the agent or attorney may attach. ATTACHMENT.-1799. An Act to regulate Attachments in this State.-Passed February 18, 1799. Vol. I. 39. Whereas it is just and proper that provision should be made for the recovery of debts, where the same cannot be done by the ordinary process of law; therefore, 1. Sec. I. Be it enacted, &c. That in case of non-residence, or where both debtor and creditor shall reside without the limits of this * sue attach ments, and in or constable, dant's real or hands of gar the return of State, it shall and may be lawful for such creditor, by himself, his agent, or attorney, to attach the property,† both real or personal, which may be found in the State, of such debtor, in the same manner, and under the like restrictions, as are or shall be usual in case of absconding debtors, or where the debtor alone resides out of the State. 2. Sec. II. It shall and may be lawful for the judges of the supe- Who may isrior, or justices of the inferior court, or any one of them, and also for any justice of the peace, upon complaint made on oath, that his debtor what cases. resides out of this State, or is actually removing without the limits of this State, or any county, or absconds, or conceals himself, or stands in defiance of a peace officer, so that the ordinary process of law cannot be served on him, to grant an attachment against the estate of such debtor, or so much thereof as shall be of sufficient value to satisfy the plaintiff's demand and costs, which attachment shall be directed To be levied to, and served by the sheriff of the county where the property may be by a sheriff, found, or his deputy, or any constable; and it shall be the duty of on the defensuch sheriff, his deputy, or any constable, to serve and levy the same, personal esupon the estate, both real and personal, of such debtor, wherever the tate, or in the same may be found, either in the hands of any person indebted to, or nishees. having effects of such debtor, and summon such person or persons to Summons of appear at the next court to be held for the said county, and to which garnishes. the said attachment may be returnable, there to answer on oath what he is indebted to, or what effects of such party he hath in hand, or had at the time of levying such attachment, which, being returned executed, the court may by order compel such person to appear and answer as aforesaid: And where any person, in whose hands any debt or effects Issue may be may be attached, shall deny owing any money to, or having in his made up on hands any effects of such debtor, it shall be lawful for the plaintiff to garnishee. traverse such denial, and thereupon an issue shall be made up, and the same be tried by a jury; and if found against such garnishee, he, she, Trial and or they shall be subject to pay the plaintiff such sum as shall be so judgment found, and the court shall order judgment to be entered thereof against such garnishee, as in other cases: Provided that the said judge, justice Plaintiff shall of the inferior court, or justice of the peace, before granting such give bond. attachment, shall take bond and security of the party for whom the same may be granted, in double the sum to be attached, ‡ payable to Form of the the defendant, for satisfying and paying all costs which may be incurred by the defendant, in case the plaintiff suing out such attachment shall discontinue or be cast in his suit, and also all damages which may be recovered against the said plaintiff for suing out the same; which bond shall be returned to the court to which such attachment may be made returnable on or before the last day of the term; and the party entitled to such cost and damages may bring suit, and recover thereon; and every attachment issued without such bond taken, or where no bond shall be returned as aforesaid, is hereby declared to be illegal, and shall be dismissed with costs: Provided always, that every attachment which may be issued, as aforesaid, shall be attested by the judge of the How attestsuperior, or justice of the inferior court, or justice of the peace, issuing ed the same, and be by the sheriff, or person authorized to serve the same, publicly advertised at the court-house of the said county, at Advertised least thirty days before the sitting of the court; and if any attachment thirty days. shall be issued within thirty days of the next court, such attachment shall be made returnable to the court next after the expiration of the said thirty days, and not otherwise; and all attachments issued and * In all cases. See Sec. 43. + Certain property of poor debtors excepted. See Sec. 47. thereon. condition. 32 tachments void. Replevy. Informal at- returned in any other manner than is herein-before directed, shall be, and the same are declared to be null and void; and all goods, chattels, lands, and tenements, subject to such attachments, shall be repleviable by appearance and putting in special bail, or by the defendant's giving bond, with good and sufficient security, to the sheriff, or other officer serving the same; which bond he is hereby empowered to take, compelling the defendants to appear at the court to which such attachments shall be returnable, and to abide by and perform the order and judgment of such court: Provided always, that all goods and effects attached and not replevied, as aforesaid, where the same shall appear to be of a perishable nature, on motion of the plaintiff, or his attorney, property may the court, or, if not in term time, the judge of the superior, or any two or more of the justices of the inferior court, may, and are hereby authorized and required to order a sale of such perishable property; and the moneys arising from such sales shall be deposited in the clerk's office by the sheriff, or other officer selling the same, to answer the demands of the plaintiff, if established, and the balance, if any, after satisfying such demands and costs, shall, by order of the said court, be returned to the defendant or his attorney. Perishable be sold by order of court. Proceedings after return, 3. Sec. III. If any attachment shall be returned executed, and the where there property attached shall not be replevied, as aforesaid, the subsequent is no replevy, proceedings thereon shall be the same as on original process against the body of the defendant, where there is a default of appearance; and all such goods and chattels, lands and tenements, not replevied, shall, after the plaintiff has established his demand, be, by order of the court, sold and disposed of, for and towards the satisfaction of the plaintiff's judgment, in the like manner as if the same had been taken under execution; and where any attachments be returned, served in Against gar- the hands of a third person, it shall be lawful, upon his appearance and examination, in the manner heretofore directed, to enter up judgment as against the original debtor, and award execution against such third person for the moneys due by him to the absent debtor, and against such property or effects as may be in his hands or keeping, belonging to such debtor, or so much thereof as will be of value sufficient to satisfy the judgment and costs thereon. nishees. Property of 4. Sec. IV. Where an absent debtor hath property lying in differabsent debtors in different counties, the same shall be liable to attachment, and an original ent counties. and copies shall issue for each county where the property may be found; the whole to be returnable to the court from whence the first original issued.t Claims to perty attach Sec. V. Directing suits to be brought on debts returned by garnishees, re-enacted. [See sec. 7.] An Act to amend the foregoing.-Passed November 22d, 1814. Vol. Whereas the above recited act has been found by experience to be inadequate to the complete effectuation of the purposes intended, and to require amendment, 5. Sec. I. Be it enacted, &c. That where any sheriff or constable personal pro- shall levy any attachment on personal property, claimed by any person ed, how re- not a party to such attachment, such person, his agent, or attorney, ported and shall make oath to such property; and it shall be the duty of such sheriff, or constable, to return the fact of such claim to the court to tried. * And Sec. 13 and 18. But see Sec. 6, 7, and 45. As to lands and negroes, see Act of 1828, Judiciary, Sec. 188, &c. |