STATUTES OF GEORGIA, PASSED BY THE GENERAL ASSEMBLY OF 1857. PUBLISHED BY AUTHORITY. JOSEPH E. BROWN, GOVERNOR OF GEORGIA, An Act to render certain the compensation of teachers of poor chil dren of the respective counties of the State, and to secure to poor children the benefit of the poor school fund. WHEREAS: From a misapprehension or misunderstanding of the Preamble. laws now in force in relation to the proper ascertainment of the children of this State who are entitled to the benefits of the poor Laws not school fund, or from want of a proper attention on the part of per- understood. sons entrusted with this duty, many children have been excluded Poor chilfrom a participation in the fund provided by law, and [as] whereas been exclumany worthy but poor persons, after having taught such children, Teachere have been unable to get any compensation therefor, for remedy not paid. whereof, dren have ded. Enacting clause. Teachers of poor children. 1. SECTION I. Be it enacted, [That? ] the Ordinary of eachcounty Ordinary, and his successor in office, or the person on whom the duties of the &c., of each office of Ordinary may devolve, by whatever name such officer may Commis- be called, shail be, and is hereby appointed a Commissioner of the poor children in his county respectively. county made sioner of poor chil dren. quire each Peace in his Commis 2. SEC. II. Be it enacted by the authority aforesaid, It shall be ioner to re- the duty of said Commissioner to require from each Justice of the Justice of Peace in his county to furnish him with a full and complete list of co. to furnish all the poor children in his district between the ages of six years and children in eighteen years, by or before the first day of January, in each and 6 and 18 y'rs every year. list of poor dist between by 1st of Jan. every year. 3. SEC. III. Be it enacted by the authority aforesaid, That said Com. may Commissioners of the poor children shall have full power and auJustices to thority to enforce obedience from said Justices, and each of them, make ret'ns by attachment [as] for. contempt. force the by attachm't for cont'mpt ter names of 4. SEC. IV. Be it enacted by the authority aforesaid, That it Com. to en- shall be the duty of said Commissioner to enter plainly, in a well pour child'n bound book, to be kept for that purpose, the names of all the chilbook. dren entitled to the benefit of the provisions of this act. in a bound ized to pay 5. SEC. V. Be it enacted by the authority aforesaid, That said Com. author Commissioner shall have full power and authority to pay competent teachers of teachers out of any funds in his hands, when the services shall have been actually performed, such sums as are paid for like services by other patrons of such teachers. poor child'n. claims to be to hear evi 6. SEC. VI. Be it enacted by the authority aforesaid, That all Teachers claims for teaching poor children shall be submitted to said Comsubmitted to missioner, who shall have proof touching such service, and he shall Com, who is allow and pay, when in funds, all claims where, in his judgment, dence &c., under the proof, the service has been rendered and the teacher termine ac- really entitled to pay, having due regard to the real merits and justice of the claim, whether such service was rendered before or after the passage of this act, or whether such children have been returned 7. SEC. VII. Be it enacted by the authority aforesaid, That if Ifnot enou❜h the said Commissioner has not enough funds in hand to pay all to be paid claims so audited, in full, he shall pay pro. rata, as far as his funds will extend, every claim so allowed, to stand on the same footing as gard to date. to payment without any regard as to the time when the service was rendered, pro rata without re receipts and Com to keep 8. SEC. VIII. Be it enacted by the authority aforesaid, That acc'ts of all said Commissioner shall keep regular, fair and full accounts of all disbursem'ts his receipts and disbursements, and shall receive as a compensation for all services touching or concerning his office, fivet per cent, on c't. com. on all sums received and paid out and no more, and shall present his ceive 5 per all moneys rec'd and p'd out and shall By Act of 1852 (Acts of 1851-2, page 3,) from 8 to 16. † By Act of 1852, (Acts of 1851-2, p. 2,) 24 per cent. on all moneys received and paid out. REF. NOTE 1.-By act of 1852, (see Acts of 1851-2, p. 3,) the School Commissioner might appoint two persons in each militia district to assist him in making out such list. SUP. C'T DECIS. Under the Act of 1852 the accounts of teachers of the poor are not extinguished by receiving the ratable distribution provided by that Act, but the balances stand in order, to be paid according to seniority, out of the taxation of next year, 17 Ga. Rep., 179. See also 13 Ga. Rep., 502. Academy for Blind-Appropriations. accounts to the Grand Jury of the county respectively, whenever thereto required. present his acc'ts to G Jury whe required. on co." ex-exempt from 9. SEC. IX. Be it further enacted, That the counties of Lumpkin, Dawson, and Rabun and Appling, be and the same are hereby empt from the provisions of this Act. SEC. X. (Repeals all conflicting laws.) (No. 2.) An Act to appropriate money to erect a building for the Georgia Academy for the Blind, and to defray the expenses of the pupils of said Academy. operations of this statute. WHEREAS: The sum of money heretofore appropriated by an Act Preamble. entitled an Act to appropriate money to erect a necessary building for the accommodation of the pupils at the Institute for the Blind, located in the city of Macon, approved March 1st, 1856, is insufficient for that purpose, therefore: Academy for 11. SECION. I. Be it enacted, That in addition to the sum $35,000 p propriated to appropriated by the above mentioned Act, the further sum of the Georgia thirty-five thousand dollars be and the same is hereby appropriated the Blind. to erect and complete a necessary building for the pupils of the Georgia Academy for the Blind. For a build ing. his warranƐ &c. 12. SEC. II. And be it further enacted by the authority aforesaid, That the Governor be, and he is hereby authorized and required to Gov. to draw draw his warrant in favor of the trustees of said Academy for said for the same, appropriation in such sums and at such times as the progress of the building shall require, upon their giving satisfactory bond for the faithful disbursement of the same, as contemplated by this Act. Bond. to Nov. 1857 to 13. SEC. III. And be it further enacted by the authority afore- $4,500 app'd said, That the further sum of forty-five hundred dollars be, and the penses of psame is hereby appropriated to defray the expenses of the pupils of pils from st said Academy for the year, from November 1st, 1857, to November Nov. lat, 1st, 1858; and that the Governor be and he is hereby authorized to Gov. to drw draw his warrant upon the Treasury in favor of said Trustees for his warrant the sum last aforesaid. APPROVED 18th December, 1857. 1858. for same. (No. 3.) An Act to encourage persons making a will to provide a permanent fund for the collegiate preparation and education of indigent boys or young men. poor boy 14. SEC. I. Be it enacted by the Legislature of the State of Geor- Educati'n of gia, That from and after the passage of this Act, when any person &c., by dying shall, by will or otherwise, provide a fund, the interest &e. wherof is directed to be applied for the perpetual preparation of Gov. when Provision by Will for the Education of poor boys. poor or indigent boys or young men, and paying their expenses of board, tuition, clothing, books, &c., in preparatory schools to enter college, and also in paying expenses of board, tuition, clothing, books, &c., through a collegiate course of study, that an application made to his Excellency, the Governor of the State, for the time be funds ten- ing, and a tender of the funds so left, it shall be the duty of the to have bond Governor to receive the same, and to cause a bond to be made for made for the same at legal same, bearing the legal interest fixed by law as between private interest. persons, the interest to be paid semi-annually to such person as the p'd semi-an- donor may designate, provided, however, the principal is at no time to be discharged and the interest not to be paid but for the purpose aforesaid. dered to him Int'rest to be nually. upon Ordi 15. SEC. II. That whenever any donor, for the purpose herein described, shall, by will or otherwise, make such bequest of such fund, or settle such fund in any other manner, upon the Ordinary Fund settled of the county, or upon such tribunal or person, or persons, or judinary. cial tribunal as shall represent the general powers now vested in the Ordinary, that such Ordinary, or such persons thereafter to be elected, shall take upon himself or themselves, the duty and responsiHe must ap- bility of applying the interest of such fund to the persons aforesaid, and in manner as directed by the donor; that upon failure to do breach of of SO, such officer or officers shall be liable for a breach of duty, as for ficial duty. any other breach of official duty, provided, however, such Ordinary, person or persons, which shall represent the general powers now Feesten per vested in the Ordinary, shall be entitled to receive ten per cent. on received and all sums of interest so received and expended as aforesaid, but no commissions whatever on the principal. ply the inter est. Neglect a cent on int't paid out. Bonds not but descends 16. SEC. III. That such bond as aforesaid shall not be transferatransferable ble, but shall descend to successors in office, or to such tribunal as Le successor. shall represent the general powers now vested in the Ordinary. 17. SEC. IV. (Repeals conflicting laws.) ASSENTED to December 22d, 1857. An Act to authorize and empower the City Council of Augusta, and the several City authorities in this State, as well as the several Inferior Courts in this State, to elect or appoint a liquor Inspector, and present and punish the selling and manufacturing of drugged or other poisonous and deleterious liquors, spirits and wines. The General Assembly of Georgia, do enact as follows: Liquors, &c. 1. SEC. I. It shall and may be lawful for the city authorities of Augusta, as well as the several city authorities in this State, and the Inspectors of Inferior Courts of the several counties in this State, to elect or appoint an Inspector of liquors spirits and wines. Inspector's 2. SEC. II. It shall and may be lawful for said Inspector, after being duly elected as aforesaid, and qualified to faithfully discharge duty, the duties of Inspector, to examine and inspect all liquors, spirits and wines, kept by any person or persons within their respective jurisdictions, for sale in any quantities, and if upou said inspection, He must give and examination, said liquors, wines, or spirits, shall be found, or owners of ascertained to contain any strichnine, or other poisonous drug or liquor whe drugs, or offensive matters, injurious to health by drinking, or other it out of the uses, to give notice to the owners thereof, who shall immediately re- State. move the same out of the State. netice to drugged, &c. Person sell ing or offering know drugged State to be 3. SEC. III. If any person or persons shall sell or offer to sell, any liquors, spirits, or wines, knowing them to be so drugged, or after ingy, to self said notice within this State, said person or persons, shall be indict-quors in this ed in the Superior Court of the county where said offence was com-d mitted; and on conviction shall be fined for the first offence, one hundred dollars, for the second offence two hundred dollars, for third offence four hundred dollars, and for the fourth offence, one thousand dollars, and imprisonment until paid. For ist. offence, $100. the Fords. for tho for 30. $100. and impris. 'til paid. sperter to ex 4 SEC. IV. If any person or persons shall refuse, or in any way pre- person revent said Inspector from making said examination and inspection signprovided for in this act, after the second demand being made by said amine liquor Inspector, upon indictment and conviction therefor, he shall be and pa fined and punished as above provided in the third section of this act, 3d, section, after 24 de isted as in |