Gambar halaman
PDF
ePub

§ 7. That it shall be the duty of the commissioner to cause to be prepared, and to certify, under the seal of the general land office, such copies of records, books, and papers on file in his office, as may be applied for, to be used in evidence in courts of justice.

§ 8. That whenever the office of recorder shall become vacant, or in case of the sickness or absence of the recorder, the duties of his office shall be performed, ad interim, by the principal clerk on private land claims.

§ 9. That the receivers of the land offices shall make to the secretary of the treasury monthly returns of the moneys received in their several offices, and pay over such money pursuant to his instructions. And they shall also make to the commissioner of the general land office, like monthly returns, and transmit to him quarterly accounts current of the debits and credits of their several offices with the United States.

§ 10. That the commissioner of the general land office shall be entitled to receive an annual salary of three thousand dollars; the recorder of the general land office, an annual salary of fifteen hundred dollars; the principal clerk of the surveys, an annual salary of eighteen hundred dollars; and each of the said principal clerks an annual salary of eighteen hundred dollars; from and after the date of their respective commissions; and that the said commissioner be authorised to employ, for the service of the general land office, one clerk, whose annual salary shall not exceed fifteen hundred dollars; four clerks, whose annual salary shall not exceed fourteen hundred dollars each; sixteen clerks, whose annual salary shall not exceed thirteen hundred dollars each; twenty clerks, whose annual salary shall not exceed twelve hundred dollars each; five

Vol. I.—51.

clerks, whose annual salary shall not exceed eleven hundred dollars each; thirty-five clerks, whose annual salary shall not exceed one thousand dollars each; one principal draughtsman, whose annual salary shall not exceed fifteen hundred dollars; one assistant draughtsman, whose annual salary shall not exceed twelve hundred dollars; two messengers, whose annual salary shall not exceed seven hundred dollars each; three assistant messengers, whose annual salary shall not exceed three hundred and fifty dollars each; and two packers, to make up packages of patents, blank forms, and other things necessary to be transmitted to the district land offices, at a salary of four hundred and fifty dollars each.

§ 11. That such provisions of the act of the 25th of April, in the year one thousand eight hundred and twelve, entitled "An act for the establishment of a general land office in the department of the treasury," and of all acts amendatory thereof, as are inconsistent with the provisions of this act, be, and the same are hereby repealed.

§ 12. That from the first day of the month of October, until the first day of the month of April in each and every year, the general land office and all the bureaus and offices therein, as well as those in the departments of the treasury, war, navy, state, and general post office, shall be open for the transaction of the public business at least eight hours in each and every day, except Sundays, and the twenty-fifth day of December; and from the first day of April until the first day of October, in each year, all the aforesaid offices and bureaus shall be kept open for the transaction of the public business at least ten hours, in each and every day, except Sundays and the fourth day of July.

§ 13. That if any person shall apply to any register of any land office to enter any land whatever, and the said register shall knowingly and falsely inform the person so applying that the same has already been entered and refuse to permit the person so applying to enter the same, such register shall be liable therefor to the person so applying for five dollars for each acre of land which the person so applying offered to enter, to be recovered by action of debt in any court of record having jurisdiction of the amount.

§ 14. That all and every of the officers whose salaries are hereinbefore provided for, are hereby prohibited from directly or indirectly purchasing or in any way becoming interested in the purchase of any of the public land; and in case of a violation of this section by such officer, and on proof thereof being made to the president of the United States, such officer, so offending, shall be, forthwith, removed from office.

GENERAL SHIP, is one which is employed by the master or owners, on a particular voyage, and is hired by a number of persons, unconnected with each other, to convey their respective goods to the place of destination. This contract although usually made with the master, and not with the owners, is considered in law to be made with them also, and that both he and they are separately bound to the performance of it. Abbott on Ship. 112,215,216.

GENERAL TRAVERSE, t» pleading, is one preceded by a general inducement and denying in general terms, all that is last before alleged on the opposite side, instead of pursuing the words of the allegations, which it denies. Of this sort of traverse, the replication de injuria. sua. propria, absque tali causa, in answer to a justification, is a familiar example. Bac. Ab. Pleas, H 1;

Steph. PI. 171; Gould, Pl. c. 7, § 5; Archb. Civ. PI. 194. Vide Traverse; Special Traverse.

GENS. An ancient word signifying nation,and sometimes afamily.

1 Tho. Co. Litt. 259, n. 13. In the French law, it is used to signify people or nations, as, Droit des Gens, the law of nations.

GENTLEMAN. In the English law, according to Sir Edward Coke, is one who bears a coat of armour.

2 Inst. 667. In the United States this word is unknown to the law, but in many places it is applied by courtesy to all men, rich or poor, black or white. See Poth. Proc. Crim. sect. 1, App. § 3.

GENTLEWOMAN. This word is unknown to the law in the United States, and is but little used. in England it was formerly a good addition of the state or degree of a woman. 2 Inst. 667.

GENUS, denotes the number of beings or objects, which agree in certain general properties, common to them all, so that genus is in fact only an abstract idea, expressed by some general name or term; or rather a name or term, to signify what is called an abstract idea. Thus, goods is the generic name, and includes, generally, all personal property; but this word may be restrained, particularly in bequests, to such goods as are of the same kind as those previously enumerated. Vide 3 Ves. 311; 11 Ves. 657; 1 Eq. Cas. Ab. 201, pl. 14; 2 Ves. sen. 278, 280; Dig. 50, 17. 80; lb. 12, 1, 2, 3.

GEORGIA. The name of one of the original states of the United States of America. George the Second granted a charter to Lord Percival and twenty others, for the government of the province of Georgia. It was governed under this charter till the year 1751, when it was surrendered to the crown. From that

period to the time of the American revolution, the colony was governed as other royal provinces. The constitution of the state, as revised, amended, and compiled by the convention of the state, was adopted at Louisville, on the 30th day of May, 1798. It directs, art. 1, s. 1, that the legislative, executive, and judiciary departments of government shall be distinct, and each department shall be confided to a separate body of magistracy.

1. The legislative power is vested in two separate and distinct branches, to wit, a senate and house of representatives, styled, " the General Assembly." 1st. The senate is elected annually, and is composed of one member from each county, chosen by the electors thereof. The senate elect, by ballot, a president out of their own body. 2d. The house of representatives is composed of members from all the counties, according to their respective numbers of free white persons, and including threefifths of all the people of colour. The enumeration is made once in seven years, and any county containing three thousand persons, according to the foregoing plan of enumeration, is entitled to two members; seven thousand to three members; and twelve thousand to four members; but each county shall have at least one, and not more than four members. The representatives are chosen annually. The house of representatives choose their speaker and other officers.

2. The executive power is vested in a governor, elected by the general assembly, who holds his office for the term of two years. In case of vacancy in his office, the president of the senate acts as governor, until the disability is removed, or until the next meeting of the general assembly.

3. The judicial powers of the state

are, by the 3d article of the constitution, distributed as follows:

§ 1. The judicial powers of this state shall be vested in a superior court, and in such inferior jurisdictions as the legislature shall, from time to time, ordain and establish. The judges of the superior courts shall be elected for the term of three years, removable by the governor, on the address of two-thirds of both houses for that purpose, or by impeachment and conviction thereon. The superior court shall have exclusive and final jurisdiction in all criminal cases which shall be tried in the county wherein the crime was committed; and in all cases respecting titles to land, which shall be tried in the county where the land lies; and shall have power to correct errors in inferior judicatories by writs of certiorari, as well as errors in the superior courts, and to order new trials on proper and legal grounds: Provided, That such new trials shall be determined, and such errors corrected, in the superior court of the county in which such action originated. And the said court shall also have appellative jurisdiction in such other cases as the legislature may by law direct, which shall in no case tend to remove the cause from the county in which the action originated; and the judges thereof, in all cases of application for new trials, or correction of error, shall enter their opinions on the minutes of the court. The inferior courts shall have cognizance of all other civil cases, which shall be tried in the county wherein the defendent resides, except in cases of • joint obligors, residing in different counties, which may be commenced : in either county; and a copy of the petition and process served on the

■ party or parties residing out of the county in which the suit may be com. menced, shall be deemed sufficient

■ service, under such rules and regula.

[ocr errors]

tions as the legislature may direct: but the legislature may, by law, to which two-thirds of each branch shall concur, give concurrent jurisdiction to the superior courts. The superior and inferior courts shall sit in each county twice in every year, at such stated times as the legislature shall appoint.

§ 2. The judges shall have salaries adequate to their services, established by law, which shall not be increased or diminished during their continuance in office; but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them.

§ 3. There shall be a state's attorney and solicitors appointed by the legislature, and commissioned by the governor, who shall hold their offices for the term of three years, unless removed by sentence on impeachment, or by the governor, on the address of two-thirds of each branch of the general assembly. They shall have salaries adequate to their services, established by law, which shall not be increased or diminished during their continuance in office.

§ 4. Justices of the inferior courts shall be appointed by the general assembly, and be commissioned by the governor, and shall hold their commissions during good behaviour, or as long as they respectively reside in the county for which they shall be appointed, unless removed by sentence on impeachment, or by the governor, on the address of two-thirds of each branch of the general assembly. They may be compensated for their services in such manner as the legislature may by law direct.

§ 5. The justices of the peace shall be nominated by the inferior courts of the several counties, and commissioned by the governor; and there shall be two justices of the

peace in each captain's district, either or both of whom shall have power to try all cases of a civil nature within their district, where the debt or litigated demand does not exceed thirty dollars, in such manner as the legislature may by law direct. They shall hold their appointments during good behaviour, or until they shall be removed by conviction, on indictment in the superior court, for mal-practice in office, or for any felonious or infamous crime, or by the governor, on the address of two-thirds of each branch of the legislature.

§ 6. The powers of a court of ordinary or register of probates, shall be invested in the inferior courts of each county; from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the general assembly may by law direct; but the inferior court shall have power to vest the care of the records, and other proceedings therein, in the clerk, or such other person as they may appoint; and any one or more justices of the said court, with such clerk or other person, may issue citations and grant temporary letters in time of vacation, to hold until the next meeting of the said court; and such clerk or other person may grant marriage licenses.

§ 7. The judges of the superior courts, or any one of them, shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into effect.

GERMAN, relation, germanus, whole or entire, as respects genealogy or descent; thus, " brother-german," denotes one who is brother both by the father and mother's side; "cousinsgerman," those in the first and nearest degree, i. e. children of brothers or sisters. Tech. Diet. 4 M. & C. 56.

GERONTOCOMI, civil law. Are officers appointed to manage hospitals for poor old persons. Clef des Lois Rom. mot Administrateurs.

GESTATION, med. jur. The time during which, a female who has conceived, carries the embryo or atus in her uterus. By the common consent of mankind, the term of gestation is considered to be ten lunar months, or forty weeks, equal to nine calendar months and a week. This period has been adopted, because general observation when it could be correctly made, has proved its correctness. Cyclop, of Pract. Med. vol. 4, p. 87, art. Succession of inheritance. But this may vary one, two, or three weeks. Co. Litt. 123 b, Harg. & Butler's notes, note 1MP ; Ryan's Med. Jurisp. 121; Coop. Med. Jur. 18; Civ. Code of Louis. art. 20:1-211; 1 Beck's Med. Jur. 478. See Pregnancy.

GIFT, conveyancing, is properly applied to the creation of an estate tail; as that of feoffment is to that of an estate in fee simple. It differs in nothing from a feoffment, but in the nature of the estate passing by it; and livery of seisin must be given to render it effectual. The operative words of this conveyance are do or dedi. The maker of this instrument is called the donor, and he to whom it is made, the donee. 2 Bl. Com. 316; Litt. 59; Touchs. ch. 11.

GIFT, contracts, is the act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definition states, must be without consideration. The manner of making the gift may be in writing, or verbally, and, as far as personal chattels are concerned, they are equally binding. Perk. § 57; 2 Bl. Com. 441. But real estate must be

transferred by deed. There must be a transfer made with an intention of passing the title and delivering the possession of the thing given, and it must be accepted by the donee. 1 Madd. Ch. R. 176, Am. ed. p. 104; sed vide 2 Barn. <Ss Aid. 551 ; Noy's Rep. 67. The transfer must be without consideration, for if there be the least consideration, it will change the contract into a sale or barter, if possession be delivered; or if not into an executory contract. 2 Bl. Com. 440. Gifts are divided into gifts inter vivos, and gifts causa mortis. Vide Donatio causa mortis; Gifts inter vivos; and Vin. Ab. h. t.; Com. Dig. Biens, D 2, and Grant; Bac. Ab. Grant; 14 Vin. Ab. 19; 3 M. & S. 7; 5 Taunt. 212.

GIFTS INTER VIVOS, is a gift made from one or more persons, without any prospect of immediate death, to one or more others. These gifts are so called to distinguish them from gifts causa mortis, (vide Donatio causa mortis,) from which they differ essentially.—1. A gift inter vivos, when completed by delivery, passes the title to the thing so that it cannot be recovered back, by the giver: the gift cat/.?a mortis is always given upon the implied condition that the giver may at any time during his life re. voke it. 7 Taunt. 231; 3 Binn.

366 2. A gift inter vivos may be

made by the giver at any time; the donatio mortis causa must be made by the donor while in peril of death. In both cases there must be a delay. ery. 2 Kent's Com. 354; 1 Beav. R. 605.

GIFTOMAN, Swedish law. He who has a right to dispose of a woman in marriage. This right is vested in the father, if living; if dead, in the mother; they may nominate a person in their place, but for want of such nomination, the brothers german, and for want of them, consanguine brothers, and in default of the

« SebelumnyaLanjutkan »