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lawfully branding, marking, killing, or driving the same, passed the Perpetuated. 29th day of September, 1773,* shall severally and respectively be, and they are hereby continued in full force until repealed by this or some future general assembly.t

All laws passed prior to 29th Dec.

1778, near

expiring, not repugnant,

&c.

Perpetuated.

All laws in force on the

1776, not repugnant to

tion, &c.

And whereas, at the time of the invasion of this state by the British troops in the year 1778, the public records were sent away to prevent their falling into the hands of the enemy, and have not yet been returned into this state, from which cause the several laws heretofore passed and which may be now expiring, cannot with precision be known, and if no remedy be applied, there is reason to believe great injury may accrue to the citizens of this state, for the prevention thereof:

2. Sec. II. Be it enacted, &c. That all laws passed before the 29th day of December, 1778, which are or may be near expiring, and that are not repugnant to the constitution of this state, or in their nature temporary, be and they are hereby declared to be in full force, and that they shall continue in force until repealed by this or some future legislature.

Sec. III. [Respecting embargoes by the governor-abrogated by the constitution of the United States.]

An Act for reviving and enforcing certain Laws therein mentioned.-
Passed February 25, 1784. Vol. I. 404.

Whereas, during the late convulsions in this state, several salutary laws were lost and destroyed, that had from time to time been enacted by the general assembly of the same ; and among others an act reviving and putting in force such and so much of the laws of the province of Georgia, as were adjudged necessary to be in force in this state: And whereas the said laws are for the most part suited to the circumstances of the people: And whereas, it is absolutely necessary for the well governing every state, that laws properly adapted to the circumstances of the inhabitants be at all times in force.

3. Sec. I. Be it enacted, &c. That all and singular the several 141 May, acts, clauses, and parts of acts, that were in force and binding on the inhabitants of the said province, on the 14th day of May, in the year the constitu- of our Lord 1776, so far as they are not contrary to the constitution, laws, and form of government now established in this state, shall be, Ferpetuated. and are hereby declared to be in full force, virtue, and effect, and binding on the inhabitants of this state, immediately from and after the passing of this act, as fully and effectually, to all intents and purposes, as if the said acts, and each of them, had been made and enacted by this general assembly, until the same shall be repealed, common and amended, or otherwise altered by the legislature: And also the of England common laws of England, and such of the statute laws as were usuas are not re- ally in force in the said province, except as before excepted. All fines, &c. 4. Sec. II. All fines, penalties, and forfeitures, inflicted or made payable to payable by any of the aforementioned acts to the king of Great Brithe king, to tain, are hereby directed to be paid into the public treasury of this the treasury, state, for the use of the same : And that all authorities given and enjoined by any of the said acts to any public officer, are hereby given

Also such

statute laws

pugnant, &c.

by those acts

paid into

* Cattle.

† Such as are since repealed or obsolete, are of course omitted.

The day the British took Savannalı. Evacuated July 11, 1783. Augusta taken towards the last of January, 1779-retaken June 5, 1781. [I. M-Call's Hist.]

and enjoined to such public officers, appointed under the constitution Public offior form of government established in this state, and agreeable to the same powers

same.

An Act to carry into effect the Eighth Section of the Third Article of the Constitution. - Passed December 6, 1799. Vol. I. 190.

cers have the

as before.

5. Sec. I. For the more general promulgation of the laws of this Laws in force state, the secretary of state, with two commissioners who shall be ap- to be arran pointed by the legislature for that purpose, shall examine into, digest, ported to the and arrange the several laws thereof now in force, and report the co same to his excellency the governor, who shall approve or disapprove ers. of the same.

governor by commission

1000 copies to

6. Sec. II. If his excellency the governor shall approve of such If approved, digest of the laws of the state as may be reported to him in pursu- be printed. ance of this act, that then the secretary of state shall, under the direction of the executive thereof, cause to be printed, in a quarto bound volume or volumes, 1000 copies of such digest of the laws of this state, as may be reported by the aforesaid commissioners and secretary of state in terms of this act.

be distributed

several coun

7. Sec. III. Eight hundred copies of the aforesaid volumes of the 200 copies to digest of the laws of this state, so reported and approved of as afore- among the said, shall be distributed by the executive among the respective coun- ties of the ties of this state, agreeably to the rule laid down by the constitution state. for apportioning the representatives among the several counties : And the proportion which shall be so assigned to the respective counties, shall be transmitted by the executive to the justices of the inferior court of such county, by whom the same shall be distributed, in such manner as the said justices may deem most proper for the general information of the citizens.

maining co

8. Sec. IV. The remaining 200 volumes of the aforesaid digest The 200 re of the laws of this state, so reported and approved of as aforesaid, pies reserved shall be reserved by the executive for the future disposition of this for future dis

state.

position.

ture to be

9. Sec. V. The laws of this state which shall in future be passed Laws in fushall, at the end of each succeeding session, be printed and distri- printed and buted in manner and form aforesaid.

It was resolved, on the 6th December, 1799, that a former appropriation of 2000 dollars, in favour of Robert and George Watkins, was intended as an advance towards carrying on their digest, but not to sanction the same as a code of the laws of this state. On the 27th November, 1800, that two commissioners should be appointed, who, with the secretary of state, should arrange the laws of this state, pursuant to the foregoing act. On the 2d December, 1800, it was further resolved, that the commissioners, before proceeding in their duties, should be sworn to the faithful and constitutional discharge of their duty; and that they would not insert the Yazoo act. [Vol. I. 190, 1, 2.]

The executive declaration of March 3, 1801, reciting, among other things, the foregoing matters; and that a digest had been reported by H. Marbury, secretary of state, and William H. Crawford, one of the commissioners, " confirms and establishes" the same " as the digest of the state." Vol. I. 599.

distributed ir the same manner.

solutions

An Act to compile and arrange the Laws and Resolutions of this State, passed since the political year 1800.-Passed December 12, 1809. Vol. II. 528.

Laws and re- 10. Sec. I. During the year 1810, the laws of this state, passed since 1800 to since the political year 1800, and the concurred and approved resobe compiled. lutions, except such as relate to elections by the general assembly,

for

to report the

and every tenth year thereafter, shall be compiled, arranged, and printed.

A person to 11. Sec. II. The legislature shall, by joint ballot of both branches, be appointed appoint some fit and proper person to compile and arrange the laws pose, who is of this state, in pursuance of this act, and report the same to his exsame to the cellency the governor, who shall approve or disapprove of the same : governor. And when the work shall be thus performed, and approved of by his excellency the governor, he shall pay out of the contingent fund, to the person thus performing the work, a sum of money, which he shall deem an adequate compensation for the work.*

2000 volumes

12. Sec. III. If his excellency the governor shall approve of to be printed. such compilation of the laws of the state, as may be reported in conformity to this act, that then he shall cause to be printed, in quarto or octavo bound volumes, 2000 copies of the laws, as shall be reported to and approved of by his excellency, in terms of this act.

The manner of distribu

13. Sec. IV. After the said laws are compiled, arranged, and ting them. printed, his excellency the governor shall cause the same to be dis

500 volumes reserved for

tributed in the respective counties of this state, agreeably to the rules laid down by the constitution for the apportioning the representatives in the respective counties; and the proportion which shall be assigned to the different counties, shall be transmitted by the governor to the justices of the inferior courts, who shall distribute the same in proportion to the number of civil officers in such county.

14. Sec. V. As often as the laws of this state shall be compiled, future distri- arranged, and printed, in pursuance of this act, his excellency the governor shall reserve 500 volumes, for such further distribution as the legislature may think proper.t

bution.

Digest of all the public

An Act prescribing the form of a Digest or Manual of the Laws of
Georgia.-Passed December 21, 1819. Vol. III. 250.

15. Sec. I. During the year 18200 a digest of the laws of this state and general shall be formed and arranged, which shall include all acts and resolu

laws to be formed.

tions of the legislature heretofore passed, and which may be passed during the present session, which are public and general, and excluding such as are private or local, and also such as have been repealed.

* Under the act of 1799, as has been seen, Marbury's and Crawford's digest was compiled. This act of 1809 is of permanent operation; under which, first Clayton's, and lately Lamar's, digests, have been already compiled; and one will appear every ten years hereafter. These decennial volumes of the statutes at large, and those in future to appear, the compiler of this work conceives will be most conveniently referred to, not by the names of their compilers, (which afford no idea of the order in which they stand,) but numerically, as Vol. I, II, III, &c. and has quoted the present three volumes accordingly.

1145.

+ Resolution, directing a distribution of Clayton's digests, Nov. 1814. Vol. Hl. Act, directing a sale of the supernumerary copies of M. and C. digest. Vol. II.

380.

It is under this act that the present work is compiled.

§ Time enlarged until 1st Sept. 1821, by resolution of 18th Dec. 1820, pam. of 1820. p. 112.

contain in the

16. Sec. II. To said digest shall be added an appendix, which What it shall shall contain the constitution of the United States and the state of appendix. Georgia as amended; the statute of frauds and perjuries, passed in the 29th year of the reign of Charles the 2d; also all acts relating to writs of habeas corpus.

reported, ex

17. Sec. III. The legislature shall by joint ballot appoint some fit How to be and proper person to form and arrange a digest in pursuance of this amined, and act, who shall report the same to his excellency the governor, who, paid for. after the same has been examined by a committee appointed for that purpose, shall approve or disapprove the same and when the work shall be so performed and approved by the governor, he shall pay out of the contingent fund, to the person appointed as aforesaid, a sum which he may deem an adequate compensation for the work.

of three to be

18. Sec. IV. Three fit and proper persons shall be appointed by A committee the governor to examine said work, and on their favourable report he appointed to shall be authorized to contract for the printing of 3000 copies in examine the convenient bound volumes, a part to be distributed pursuant to the If received, act of the legislature, passed 12th December, 1809, and the remainder be printed. reserved for future disposition of the legislature.

3000 copies to

How to be distributed.

LIGHTHOUSES, FORTIFICATIONS, &c.-1791.

An Act to empower the Senators, or one Senator and two Representatives, from this State, in the Congress of the United States, to sign, seal, and deliver a Deed of Cession of the Lighthouse on Tybee Island, and five acres of land belonging thereto, to the United States.--Passed December 15, 1791. Vol. I. 344.

on Tybee five acres of

land, to be

ceded to the U. States.

1. From and immediately after the passing of this act, it shall be Lighthouse lawful for the senators of this state in the congress of the United island. with States, or for one of the said senators, with any two of the representatives of this state to the said congress, to sign, seal, and deliver a deed of cession to the United States, on behalf of this state, of the lighthouse on Tybee island, and of the property and jurisdiction of this state of, in, and to the same, and of five acres of land nearest adjoining, and belonging thereto, to hold the same and every part thereof to the said United States for ever. Provided always, that the said United States shall keep the same in proper repair, and shall supply

* The governor directed to publish in a pamphlet, and to distribute in the best manner for general publicity, the patrol laws. Resolution of 16th Dec. 1815. Vol. III. 1151. To be distributed among the several captains of companies. Res. of 20th Dec. 1817. Vol. III. 1186. Directed to have all the laws in force respecting executors, administrators, and guardians, published in like manner, and to send one copy to each clerk of the courts of ordinary. Res. of 19th Dec. 1818. Vol. III. 1201. And authorized to transmit to the executive of each state and territory a copy of the laws of this state heretofore passed, where it has not heretofore been done, and a copy of the acts of each session hereafter. Res. of 18th Dec. 1817. Vol. III. 1179. To the new counties. Vol.3. 1214.

The first committee appointed to "systematize, digest, and, as far as expedient, to ameliorate the criminal code, and report to the ensuing legislature. Resolution of Nov. 1810. Vol. II. 692. This code never having gone into effect, the governor was directed to employ persons to compile a code of criminal law, adapted to the penitentiary system. Res. of Dec. 1815. Vol. III. 1150. Messrs. Harris and Charlton were employed, and reported the code of 1816. See note to Penal Laws, sec. 15.

proviso to pair and sup

be kept in re

plied with lights.

314

Tonnage of

LIGHTHOUSES, FORTIFICATIONS, &c.-1804, 1808, 1819.

the same with the necessary lights. And provided also, that the act 3 pence to be allowing three pence per ton for clearing and removing wrecks and other obstructions in the river Savannah be continued until the same shall be completely cleared.

continued.

Jurisdiction of 4 acres on

island,

States.

An Act to cede to the United States jurisdiction over four acres of Land on the Southern extremity of St. Simon's Island, and six acres of Land on the Southern extremity of Cumberland Island,* for the purpose of erecting Lighthouses. --Passed December 10, 1804. Vol. II. 197.

2. Sec. I. From and immediately after the passing of this act, the St. Simon's jurisdiction to and over the four acres of land on the southern extreto the United mity of Saint Simon's Island, in the county of Glynn, ceded to the United States, for the purpose of erecting a lighthouse in and for the port of Brunswick, be and the same is hereby vested in the said United States of America: provided, that the said United States shall erect a lighthouse on the same.

Proviso.

And six acres on Cumb land island.

Five acres on Sapelo,

3. Sec. II. Jurisdiction to and over six acres of land, on the southern extremity of Cumberland island, in the county of Camden, ceded to the United States for the purpose of erecting a lighthouse in and for the port of Saint Mary's, be and the same is hereby vested in the United States: provided, that the said United States shall erect a lighthouse on the same.

An Act to cede to the United States jurisdiction over five acres of Land, on the Southern extremity of Sapelo Island, for the purpose of erecting a Lighthouse.-Passed May 23, 1808. Vol. II. 438.

4. From and immediately after the passing of this act, the jurisfor a light diction to and over five acres of land on the southern extremity of

house.

Jurisdiction eeded to the

for

Sapelo island, in the county of McIntosh, for the purpose of erecting a lighthouse in and for the port of Darien, be and the same is hereby vested in the said United States of America: provided, that the said United States shall erect a lighthouse on the same.

An Act to cede jurisdiction over Lands acquired by the United States, for the purpose of erecting Fortifications in this State.-Passed December 22, 1808. Vol. II. 466.

5. From and immediately after the passing of this act, the conUnited States gress of the United States shall have and maintain jurisdiction in toeytain ter and over all the lands they have purchased, or which has been forts, &c. ceded or otherwise acquired by them, or hereafter may be acquired, for the purpose pose of erecting forts or fortifications in this state : provided, the said United States do or shall cause forts or fortifications to be erected thereon.

An Act to cede jurisdiction over five acres of Land on Wolf Island, or part thereof across the Creek at the West end of said Island, for the purpose of erecting a Lighthouse or Beacons. Passed December 14, 1819. Vol. III. 434.

6. Sec. I. From and after the passing of this act, the jurisdiction for a light to and over five acres of land on Wolf island, in the county of McIntosh, for the purpose of erecting a lighthouse or beacons, be and

Five acres on
Wolf island

house.

See Resolution of June, 1807, on this subject. Vol. II. 675.

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