Justices may resident town, and in that case $1,000,) for the faithful performance of the duties of their office of constable. Act to amend the Judiciary act of this State, so far as respects Justices of the Peace.-Approved Dec. 9, 1819. Vol. III. 386. 35. From and after the passage of this act, it shall and may be require non- lawful for all and every justice of the peace in this State, on application plaintiffs to of any non-resident of the county or State, for any civil process, to redeposit or se- quire said non-residents to deposit the cost, or give sufficient security for the same, any law, usage, or custom to the contrary notwithstanding. cure the cost. The practice An Act to regulate and establish an uniform practice in Justices' 36. Sec. I. in justices' ceedings in the courts shall be uniform. First term. From and after the first day of January next, the projustices' courts shall be uniform throughout the State. 37. Sec. II. The first term shall be deemed and considered as the appearance term, when the case shall be docketed on what shall be called the appearance docket, and on the defendant failing to appear, judgment shall be entered by default as in the superior court, and at Second term, the second term, unless there is a sufficient showing, judgment shall be entered up: Provided nevertheless, the party or parties shall be entitled to an appeal agreeably to the judiciary law now in force in this State. Proviso. May give 38. Sec. III. All justices of the peace shall have power, in all cases judgment for of debt or liquidated demand, to give judgment for any sum not exof interest. ceeding $30, exclusive of interest and cost. $30 exclusive May be ruled before the money col An Act more effectually to compel Justices of the Peace and Constables to pay over moneys received or collected by them in their official capacities.-Approved Dec. 22, 1820. Vol. IV. 203. 39. Justices of the peace shall be so far considered officers of the sup. court for superior court as to be subject to be ruled under similar regulations as are customarily pursued in relation to any other officer of said court, when they shall refuse or neglect to pay over any moneys which they may have received or collected in their official capacity. lected. Constables may be ruled 40. Sec. II. Constables shall be subject to be ruled by their respecby the justice, tive justices' courts, and compelled to give an account of their actings and doings, or pay over moneys which they may have received or collected in their official capacity, under the same regulations as are pursued in the superior court, in relation to officers of said court. Constables to An Act to make Constables elective by the people; and the mode of taking their Bonds; and to point out their duty in certain cases.— Approved Dec. 22, 1829. Vol. IV. 407. 41. An election shall be held at the place of holding justices' courts be elected by in each captain's district, on the first Saturday in January of each and the people annually. every year, by persons entitled to vote for members of the general assembly, for at least one, and not more than two constables; which election shall be superintended by at least one of the justices of the peace and two freeholders; who shall hold his or their appointments until the first Saturday in January next thereafter, and until his or their successor is elected and qualified. bond, &c. 42. Sec. II. Before any constable shall enter on the duty of his To take an appointment he shall take the usual oath, and enter into the usual bond, oath and give to be approved of by the justice or justices of the peace of their respective districts.* failure to what shall 43. Sec. III. When an election should fail to be held at the time In case of a aforesaid, or a vacancy should happen, it shall be the duty of the jus- hold said tice or justices aforesaid to advertise an election in three of the most elections, public places in their district, giving at least ten days' notice of the be done. time and place, which shall be conducted in the same manner as aforesaid; and who shall hold his, or their appointment until the first Saturday in January next thereafter, and until his or their successors is elected and qualified. account for lected. 44. Sec. IV. Whenever notes for collection shall be placed in the Must receipt hands of the constable, it shall be his duty to grant receipts for the for notes and same, and pay over the amount when collected to the plaintiff, or his, money colher, or their agent or attorney, unless there should be conflicting claims, it shall then be the duty of the constable to report the same to the next justice's court of said district, subject to the order of said court. Sec. V. All laws and parts of laws militating against this act are hereby repealed. An Act for the recovery of costs in Justices' courts in certain cases.— 45. Sec. I. From and after the passage of this act, in all cases carried up by writ of certiorari, from a justice's court, to the superior court, and the said certiorari shall be sustained by the said court, and the proceedings in the court below set aside, without further order; and in all cases carried up in like manner from a justice's court, to the superior court as aforesaid, and the writ of certiorari shall be sustained, Certiorariand a new trial ordered, the plaintiff in certiorari, provided he finally costs recov succeeds in his cause, shall recover of the defendant all cost that he tiorari is susor she may have been compelled to pay and lay out before a certiorari could be granted. erable if cer tained. issue for 46. Sec. II. It shall be the duty of justices of the peace in all such Execution to cases, as are mentioned in the foregoing section, to issue execution in costs. the name of the prevailing party, for all costs that may have accrued in the said case. Sec. III. All laws and parts of laws militating against this act, are hereby repealed. An Act to amend an act entitled an act to make Constables elective by the people, and the mode of taking their bonds, and to point out their duty in certain cases.-Approved Dec. 20, 1834. Pam. 100. 47. stables in From and after the passage of this act it shall and may be law- Justices may ful for the justices of the peace in the several militia districts in this appoint conState, or either of them in the absence of the others, to appoint consta- certain cases, bles for special purposes or to meet sudden emergencies, in cases where the constable elected by virtue of the act aforesaid shall be absent from the district for which he was elected, or shall from providential causes be disabled or prevented from discharging the duties of his office. * Bonds made previous to Dec. 22, 1834, payable to the governor, declared valid. Sec. 49. and no others. made valid. 48. Sec. II. Nothing in this act shall be so construed as to authorize justices to appoint or deputize constables in any case or cases whatever except those before specified. Sec. III. All laws and parts of laws militating against this act are hereby repealed. An Act to make valid Constables' bonds in certain cases.-Approved Whereas, many constables' bonds have been made payable to the governor and his successors in office instead of having been made payable to the justices of the Inferior court, in pursuance of the law passed 22d December, 1829; for remedy whereof Certain con- 49. Be it enacted, &c. That any bond or bonds which may have stables' bonds heretofore been given by any constable or constables of this State under the law above referred to, and made payable to the governor, shall be and are hereby considered and taken as good and valid as if the same had been taken and made payable to the justices of the inferior court, in compliance with the law aforesaid. Sec. II. All laws and parts of laws militating against this act are hereby repealed. Grants since 1732, made all previous LAND.-CAROLINA GRANTS. An Act for establishing and confirming the titles of the several inhabitants of this province to their respective lands and tenements.-Approved Nov. 24, 1759. Vol. I. 309. Forasmuch as many suits and contests may hereafter arise by means of pretended ancient titles to lands and tenements, derived from and under the late lords proprietors of Carolina, the conditions of which titles have not been complied with, and the lands have since been regranted for remedy and prevention whereof, 1. Be it enacted, That all and every person and persons, that are 9th June now possessed of or do hold any lands or tenements whatsoever within good against the said province of Georgia, by and under grants from the late honorto that time. able trustees for establishing the colony of Georgia,* or by and under grants from his majesty, obtained since the surrender of the charter of the said trustees, are hereby established and confirmed in the possession of their several and respective lands and tenements; and such grants thereof are hereby accordingly ratified and confirmed, and declared to be good and valid to all intents and purposes whatsoever, against all, and all manner of persons claiming any estate or interest therein, by and under the said lords proprietors of Carolina, or by or under any former grants, obtained before the date of his majesty's charter to the said trustees for establishing the colony of Georgia, any act, law, or statute to the contrary notwithstanding. *See note to the next statute. An Act for the better strengthening and settling this province, by compelling the several persons who claim to hold lands within the same, under any grant or grants from his majesty, witnessed by the governor of South Carolina, to bring or send into this province a number of white persons, or negroes, in proportion to the lands they claim to hold, agreeably to his majesty's royal instructions for granting lands and to cultivate and improve the same; and for better ascertaining the said several tracts of land, by regulating the surveys and marking the lines thereof, and recording the several plats in the surveyor general's office; also for registering and docketing such grants in the other proper offices in this province.-Approved March 25, 1765. Vol. I. 310. Whereas sundry persons hold, or claim to hold, great tracts and quantities of very valuable lands to the southward of the river Alatamaha, within this province, by virtue of or under grants from his majesty, witnessed by the governor of South Carolina, on pretence that those lands were then in the said province of South Carolina:* And whereas it will be highly prejudicial to this province, in case the said grantees do not bring or send into the same a number of white persons or negroes, in proportion to the lands they hold or claim to hold as aforesaid, agreeably to his majesty's royal instructions for granting lands, in order to cultivate and improve the same, or other lands within this province: And whereas the surveys, or pretended surveys of the said lands, or the greatest part thereof, were made with so much precipitation, that, from various informations received, it appears very few, if any of the said tracts of land were actually surveyed, or the lines run, and trees marked, agreeable to the usual and standing instructions in that particular, and which is absolutely necessary for ascertaining the same, by reason whereof not only great frauds and abuses may be committed, as well with respect to his majesty's rights as in diminution of the public or provincial tax, but also for want of the lines being actually run and marked, the taking up and improvement of the other lands contiguous to those granted in Carolina as aforesaid is greatly obstructed; for few or no lines appearing, and no records or entry of the said plats and grants being made in any of the offices in this province, by which the situation of the said lands may in any wise be discovered, or ascertained; the surveyor general and his deputies cannot know how or where to execute or run out such warrants for surveying and laying out the contiguous lands, as are now issued by the governor of this province, to or for any person or persons duly qualified to obtain the same; wherefore, for remedy of all frauds, abuses, injuries, and inconveniences in and about the premises: 2. Sec. I. Be it enacted, That all and every person and persons All South whatsoever to whom any lands, now within this province, have been Carolina grants, south of the Alata be made * This may refer to grants issued by Governor Boon in 1763. It is known to maha, how to most of the citizens of this State, though perhaps not to all, that Georgia was known and taken out of the larger colony of Carolina. This was done by royal letters patent established. of the 9th of June, 1732, to Gen. Oglethorpe and the other trustees appointed to establish a settlement. Granting to them, for the purposes of the trust, the lands between the Savannah and the Alatamaha rivers; and westward from the heads of these rivers (as was afterwards settled by the peace of Paris, in 1763) to the Mississippi. In the same year (of 1763) a royal proclamation annexed to Georgia "all the lands lying between the rivers Alatamaha and St. Mary's" This gave rise to one of the territorial disputes (as to the lands westward of the sources of these rivers) which was settled by the convention at Beaufort [Vol. I. 662] It is South Carolina grants, previous to this proclamation, for lands between those rivers, and below a line from the head of St. Mary's to the confluence of the Oconee and Ocinulgee, to which this statute must relate. If the gran toe appears personally, what proof he must make. If they ap ney they shall send their grants, toge affidavit to the governor. affidavit, granted by any grant or grants from his majesty, witnessed by the governor of South Carolina, or their heirs and assigns respectively, and all others whatsoever, holding or claiming to hold any lands within this province, under such grants as aforesaid, shall and do within six months from and after his majesty's royal approbation of this act shall be received by the governor or commander in chief of this province for the time being, or notified to him and published in the gazette of this province, appear before the said governor or commander in chief in council, in their own proper persons, or by their attorney or attorneys lawfully constituted and appointed, and shall produce his, her, and their grant, or grants, for any lands so held or claimed to be held by him, her, or them, as aforesaid; and if such grantee, or grantees, or those claiming under them, shall appear personally, then he, she, or they, shall make proof upon oath, and in such other and further manner as may be required, to the satisfaction of the said governor or commander in chief and council, that he, she, or they respectively have, within this province, a family of white persons or negroes, amounting in the whole to the number of one person for every fifty acres of land contained in their respective grant or grants, (allowing one hundred acres for the master or head of such family, if he shall be come to settle within this province,) agreeable to his majesty's royal instructions for granting lands to any of his subjects in this province; and shall also prove upon oath, and give such further satisfaction and assurance to the said governor or commander in chief and council as they shall require, that the negroes so brought into this province by him, her, or them, are brought bona fide, with an intention to settle and improve the lands, so held or claimed to be held by him, her, or them, or to cultivate and improve other lands within this province, and not with any fraudulent or secret intention of removing them, or any of them back, or carrying them, or any of them out of the said province again, after having obtained an admission or allowance of his, her, or their qualification in support of the said grant or grants, to and for the lands held, or claimed to be held by him, her, or them respectively. 3. Sec. II. If any such grantee or grantees, or any or either of pear by attor them, their heirs, or assigns, or any other person or persons whatsoever, holding or claiming to hold any lands within this province, under ther with an such grants as aforesaid, shall appear by his or their attorney or attorneys, that then and in such case, every attorney or attorneys shall and do not only produce the grant or grants of his and their constituent or constituents, but also an affidavit made by such constituent or constiForm of the tuents respectively, in the form following, that is to say: “I, A. B. of (inserting the person's name and place of abode,) do solemnly and sincerely swear in the presence of Almighty God, that I have sent into the province of Georgia (inserting the number) slaves, my own property, and that the said (inserting the number) slaves are by me bona fide intended to remain and be employed in the cultivation of lands or otherwise, in the said province, and that I have not sent the said negroes into that province with a view, or secret intention to obtain an admission, or allowance of my qualification (as required by the act of assembly of the said province, in that case made and provided), in support of my grant from his majesty, witnessed by the governor of South Carolina, for (insert the quantity) acres of land, to the southward of the river Alatamaha, in the said province of Georgia, and after having so obtained such admission or allowance of my qualification as aforesaid in support of the said grant, then fraudulently to remove the said negroes, or any of them, back again, or to carry or send them, or |