Prisoners may have the bounds on tendering a bond. the bond. Inferior courts of the counties where jails are built, lay off or cause to be laid off around the jails, in such manner as they may deem most convenient and proper, ten acres; and in the counties where no jails are yet built, it shall be the duty of the sheriff, under the direction of the Inferior court in those respective counties, within three months after a jail is erected in the same and received, to lay off the same number of acres as is provided for in this act, which limits, when so laid off in each case, shall be held and considered as prison bounds. 13. Sec. II. So soon as prison bounds are ascertained in the manner hereinbefore pointed out, and any person shall be arrested and committed to jail by an officer upon civil process, and the person so arrested and committed to jail shall tender to the officer committing the said person to jail, a bond with good and sufficient security in a sum of double the amount of the debt or demand for which he, she, or they are committed to jail; which bond the said officer so arresting Conditions of are hereby anthorized and required to take, with condition that if the person or persons so arrested and committed to jail do at any time, without being legally discharged, pass or leave the boundaries so laid off and defined as prison bounds, such passage or departure of said bounds shall be taken and considered as an escape and forfeiture of Proceedings said bond; and the sheriff or other officer taking such bond and secu for violating the same. rity shall be bound, on the application of the plaintiff in such case, his attorney at law or in fact, to assign the same to the plaintiff, who may upon such bond and assignment commence an action for the breach of the same, against the principal or principals, and his, her, or their security or securities at the same time, and shall recover against the principal or principals in said bond, and his, her, or their security or securities, the amount of debt or demand, with interest and costs, for which the person or persons was or were arrested and committed to jail; Provided, nevertheless, no person [so] arrested and committed to jail, shall have the benefit of such bounds for a longer term than six calendar months, at the instance of the same plaintiff. Proviso. Penalty for refusing to receive the curity. 14. Sec. III. In case any sheriff or other officer so arresting, and committing a person or persons to jail, upon any civil process, shall bond, or tak- refuse to receive such bond as is hereinbefore set forth, the officer so ing insufficient serefusing shall be subject to indictment for malepractice in office; and in case the officer shall take insufficient security, he shall be held liable to the plaintiff in the several modes pointed out in the laws heretofore passed, prescribing the liability of sheriffs and other officers; When the ar- and in case the arrest should be made by a coroner, he shall be held by a coroner. to all the liabilities that a sheriff would be, were the arrest made by him. rest is made Preamble. Prison laid off in An Act to alter and amend an act, entitled "An Act to extend to all Persons impri on d for Debt the privilege of Prison Bounds," passed the 22d of December, 1820.-Approved Dec. 24, 1821. Vol. IV. 308. Whereas, the time limited by the above-recited act for sheriffs in the different counties in this State to lay off prison bounds under the direction of the Inferior courts was limited to six months in counties having jails; and whereas, certain counties in that situation have neglected to lay off jail bounds within the time prescribed; and whereas, their authority to do so now is doubted; 15. Be it therefore enacted, That in every county in this State, bounds to be having a jail, where no jail boundaries have been laid off agreeable to every county. the above-recited act, it shall be the duty of the sheriffs under the direction of the Inferior courts to lay off, or cause to be laid off, jail boundaries agreeable to the above-recited act, at any time within six months from the passage of this act, any law to the contrary notwithstanding. An Act to exempt from sale for debts contracted after a given time certain Articles chiefly necessary for the subsistence of the debtor's family.-Approved Dec. 23, 1822. Vol. IV. 313. 16. Whereas, it does not comport with justice or expediency to Preamble. deprive innocent and helpless women and children of the means of subsistence; cles exempt from levy and Be it therefore enacted, That from and after the first day of March Certain artinext the following articles be exempt from levy and sale on account of any debt contracted after that day, to wit: two beds and bedding, sale for debts. common bedsteads, a spinning-wheel, and two pair of cards, a loom, and cow and calf, common tools of his trade, and ordinary cooking utensils, and ten dollars' worth of provisions. so exempted ed to the Inf'r Court. 17. Sec. II. In all cases where any debtor shall have the benefit of Schedule of the above-recited act extended to him, it shall be the duty of the officer the articles levying the execution to make out a schedule of the articles so exempted to be returnfrom seizure and sale, and return the same to the clerk of the Inferior clerk of the court of said county, whose duty it shall be to record the same in a book kept by him for that purpose; then the above property shall be alienated and vested in the Inferior court, to be appropriated to the benefit and use of said family so long as the defendant shall remain insolvent. Sec. III. All laws and parts of laws so far as they militate with this act are hereby repealed. An Act for the Relief of honest Debtors.-Approved Dec. 19, 1823. Vol IV. 316. when taken bond in twice for his ap 18. From and immediately after the passage of this act, when any Debtors debtor or debtors shall be taken upon any capias ad satisfaciendum, on a casa. and shall be desirous of taking the benefit of the oath prescribed for may tender a the relief of insolvent debtors, or of rendering a full and fair schedule the amount of his property, it shall and may be lawful for such debtor or debtors of the debt to tender to the sheriff of the county, his lawful deputy, or any con- pearance at stable, marshal, or other officer by whom he, she, or they may have the court. been taken, a bond or bonds payable to the party at whose instance the arrest was made, with good and sufficient securities in twice the amount of the debt, conditioned for his appearance at the next term of the Superior or Inferior court, or any court of Oyer and Terminer and Corporation court, in which said capias ad satisfaciendum was obtained (and if the same issued from a justice's court, then to the Inferior court next to be held in and for said county), then and there to stand to and abide by such proceedings as may be had by the court in relation to his, her, or their taking the benefit of this act; and in On failure to case of failure to appear, judgment shall be entered up instanter upon ment against appear, judg said bond against the principal, and his securities to be discharged principal and upon the payment of the debt and cost. And when an execution issues thereon, the defendant in the capias ad satisfaciendum shall not be entitled to the benefit of this act; Provided, that if either of the par- Issue how ties to the said bond shall be desirous to have an issue made submitted to a jury, a jury shall be immediately empannelled to try such issue, and the plea of non est factum shall only be received upon and up securities. tried. ness. Death. Case of sick- the party making oath to its verity; And provided further, that if it shall be made appear satisfactorily to said court that said debtor or debtors are prevented from attending court by sickness, or other sufficient cause to be judged of by the court, the case shall be continued over to the next court, at which time the same proceedings shall be had as if he had appeared at the first time; And provided further, That if such debtor or debtors shall die in the mean time, it shall be an absolute discharge of such bond or bonds: Provided, nevertheless, That when any debtor or debtors shall be taken as aforesaid, within twenty days before the sitting of said court, said bond shall be conditioned for his, her, or their appearance at the succeeding term of the court aforesaid. Proviso. Debtor to be released. Power of securities over pal. 19. Sec. II. Upon such debtor or debtors tendering such bond or bonds, it shall be the duty of such sheriff, deputy, or constable, as the case may be, to release him, her, or them from confinement or custody; any law, usage, or custom to the contrary notwithstanding. 20. Sec III. To enable the honest debtor the more easily to obtain their princi- the security required in the first section of this act it shall be lawful for the said security, at the court to which the principal is bound to appear, to surrender in open court said principal in discharge of the security; and for the purpose of making the surrender, the security is hereby authorized to exercise all the power which by law special bail have over their principal. Debtor to swear to viously filed clerk. tice to be tors. 21. Sec. IV. Upon the appearance of such debtor or debtors at take oath and the court to which he is bound to appear it shall be lawful for him, schedule of her, or them, either in person or by attorney, to move the court to be property pre admitted to take the oath prescribed for the relief of insolvent debtors, with the or to swear to the schedule previously filed with the clerk of said court agreeably to the provisions of this act hereinafter contained; Ten days' no- and it shall be the duty of said court, upon such debtor or debtors given credi- making it appear to them that at least ten days' notice has been given in writing to his, her, or their creditors of the intention to avail him, her, or themselves of the benefit of this act, to administer the oath prescribed for the benefit of insolvent debtors, or to swear him, her, or them to the schedule as aforesaid, as the case may be, and to direct the clerk to make an entry of the same upon his minutes, which shall exempt the body or bodies of such debtor or debtors from imprisonment for debt in all cases where notice may have been given to the creditors, which notices shall be filed with the clerk of said court; Suggestion of Provided, nevertheless, that if any creditor or creditors shall suggest be tried by a any fraud or concealment of any property, money, or effects, it shall jury. be the duty of the court to direct an issue to be made up and tried by a jury at the first term before such debtor or debtors are sworn; Provided further, that if either of the parties shall be unprepared for the trial of such issue, the court may continue the same under the same In case of rules and regulations by which suits at law are now continued; and if concealment the said jury shall find that there is any fraud or concealment, or if answer, &c., said debtor or debtors shall fail or refuse to answer upon oath, or if imprisoned said debtor or debtors shall fail to make it appear to the court that he, till a full dis- she, or they have given the necessary notice to the creditor or credi fraud, &c. to or failure to debtor to be closure is made, &c. tors at whose instance he, she, or they may have been arrested, then and in that case the said debtor or debtors shall be deemed in the custody of the sheriff, and the court shall adjudge that he, she, or they be imprisoned until a full and fair disclosure of all the property, money, or effects be made by said debtor or debtors, and until he, she, or they have given the necessary notice as aforesaid, to be judged of by said court. be filed with court. 22. Sec. V. When any debtor or debtors taken upon any capias Schedule to ad satisfaciendum as aforesaid shall be desirous to render a full and the clerk ten fair schedule of his, her, or their property and effects, he, she, or they days before shall file the same with the clerk of the court at which he is bound to appear, at least ten days before the sitting of the court, at the sitting of which he proposes to avail himself of the benefit of this act; and that upon his being admitted to swear to the said schedule, the same proceedings shall be had thereon as may be now had on schedules filed under the law now in force. complying 23. Sec. VI. No person shall be imprisoned for debt upon any ca- No person pias ad satisfaciendum who will comply with the requisites of this act, with these except in cases of fraud or concealment herein before mentioned; any requisites to law, usage, or custom to the contrary notwithstanding. Sec. VII. [Repeals all conflicting laws.] An Act to amend an act to exempt from sale for debts contracted after a given time certain articles, chiefly necessary for the subsistence of the debtor's family.-Approved Dec. 22, 1834. Pam. 222. be imprison ed. from sale. 24. From and after the passage of this bill, in addition to the arti- Family Bible cles exempt from sale in the above-recited act shall be added the exempted family Bible of all debtors who may be entitled to the benefits of the said act. Sec. II. [Repeals all repugnant laws.] An Act to alter and amend" An act entitled an act passed the 23d of December 1822, to exempt from sale for debts contracted after a given time, certain articles, chiefly necessary for the subsistence of the debtor's family," so far as to extend the same privileges, and benefits to widows and their families during their widowhood, as are extended to debtors' families in said before recited act.-Approved Dec. 22, 1835. Pam. 80. debtors' acts, From and after the passage of this act, the privileges and benefits Benefit of extended to debtors' families in the above-recited act shall be, and they extended to are hereby extended to all widows, and their families, during their widows. widowhood, under the same rules, regulations and restrictions, as govern the articles exempted for the use of debtors' families, in the before recited act. Sec. II. [Repeals all laws conflicting with this.] By Resolution of 22d Dec., 1821, the Legislature after considerable discussion and deliberation say, that "notwithstanding the many arguments which are suggested for the wisdom for abolishing imprisonment for debt, they deem it unadvisable now to adopt the measure." Vol. IV. 12 of Res. INTEREST. An Act for reducing the Interest of Money in this Province.-Approved March 27, 1759. Vol. I. 270. Whereas the high rate of interest in this province of Georgia is a great discouragement to planters and others from improving their Janded estates therein, by reason that the profits arising from such Lawful in eight per cent. per annum. improvements do not equal the sum paid for money so laid out and employed. And whereas many planters, and others, by failure of crops, and other misfortunes, do become unavoidably indebted, and are therefore made chargeable with the said high rate of interest, to the detriment of the said planters, and others, and to the great hinderance of the improvement and settlement of the said province; for remedy whereof, and for preventing the like mischief for the future: 1. Be it enacted, That no person or persons whatsoever, from and terest to be after the 29th day of March, in the year of our Lord 1759, upon any contract that shall be made from and after the said 25th day of March, shall take directly or indirectly, for loan of any moneys, wares, merchandise, or other commodities whatsoever, above the value of eight pounds for the forbearance of 100 pounds for a year, and so after that Bonds, notes, rate for a greater or lesser sum, or for a longer or shorter time; and &c. on which that all bonds, contracts, and assurances whatsoever made after the terest is re- time aforesaid, for the payment of any principal or money, to be lent, greater in served, de clared void. All persons making any contract to shall forfeit treble the value. covenanted, to be performed upon, or for any usury, whereupon or whereby there shall be reserved or taken above the rate of eight pounds in the hundred as aforesaid, shall be utterly void; and that all and every person or persons whosoever, who shall, after the time aforesaid, evade this act upon any contract to be made after the said 29th day of March, take, accept, and receive, by way or means of any corrupt bargain, loan, exchange, chevisance, shift, or interest of any wares, merchandise, or other thing or things whatsoever; or by any deceitful way or means, or by any covin, engine, or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money, or other thing, above the sum of eight pounds, for the forbearing of 100 pounds, for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter term, shall forfeit and lose, for every such offence, the treble value of the moneys, wares, and merchandises, and other things, so lent, bargained, exchanged, or shifted, any law, usage, or custom to the contrary thereof in any wise notwithstanding.* discharge of interest due. An Act to establish an uniform mode of calculating Interest in this State, and to prevent the collection of Compound Interest.-Approved November 23, 1814. Vol. III. 336. Whereas it is just and equitable, that there shall be an uniform and definite mode practised throughout the State for calculating interest, Payments to 2. Sec. I. Be it enacted, &c. That in future the mode of calculatbe applied first to the ing interest in this State shall be at and after the rate of eight per cent. per annum; and whenever any payment shall be made on any note, bond, or other instrument, demand, execution, or judgment, where any interest has accrued on any such note, bond, or other instrument, execution, or judgment, such payment shall, in the first place, be applied to the discharge of interest due, and no part of the principal shall be considered as discharged until the interest shall have been first extinguished. Provided nevertheless, that in all cases where the payment made shall not be sufficient to discharge all the interest due at the time of the payment, no interest shall at any future payment be calculated on the balance of interest which was left unpaid. If any interest remains unpaid, it shall not carry interest. 3. Sec. II. In all cases where judgments may hereafter be obtained, But see Sec. 4, 5. By the act of 1808, to alleviate the condition of debtors, "all open accounts where the party refuses to liquidate the same, shall bear interest during the continuation of that act," which was enacted 23d May, and repealed 20th December, 1808. Vol. II. 427, 448. |