All laws pas- expiring, not Perpetuated. All laws in force on the 14th May, pugnant to tion, &c. 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nature temporary, be and they are hereby declared to be in full force, and that they shall continue in force until repealed by this or some future legislature.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. 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 acts, clauses, and parts of acts, that were in force and binding on the 1776, not re- inhabitants of the said province, on the 14th day of May, A. D. 1776. the constitu- so far as they are not contrary to the constitution, laws, and form of Perpetuated. government now established in this State, shall be, and are hereby dedeclared 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as if the said acts, and each of them, had been made and enacted by this general assembly, until the same shall be repealed, amended, or otherwise altered by the legislature: And also the common laws of England, and of England as such of the statute laws as were usually in force in the said province, pugnant, &c. except as before excepted. Also such common and statute laws are not re by those acts be paid into 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 Britain, the king, to are hereby directed to be paid into the public treasury of this State, the treasury. for the use of the same: And that all authorities given and enjoined Public offi- by any of the said acts to any public officer, are hereby given and cers have the enjoined to such public officers, appointed under the constitution or as before. form of government established in this State, and agreeable to the same powera Laws in force same. An Act to carry into effect the Eighth Section of the Third Article of the Constitution.-Approved December 6, 1799. Vol. I. 190. 5. Sec. I. For the more general promulgation of the laws of this ed and report State, the secretary of state, with two commissioners who shall be The day the British took Savannah.-Evacuated July 11, 1783. Augusta taken towards the last of January, 1779—retaken June 5, 1781. [Ï. M'Call's Hist.] ernor by com appointed by the legislature for that purpose, shall examine into, digest, ed to the govand arrange the several laws thereof now in force, and report the same missioners. to his excellency the governor, who shall approve or disapprove of the same. 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 pursuance to be printed. 1,000 copies 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, 1,000 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 ties of the 7. Sec. III. Eight hundred copies of the aforesaid volumes of the 800 copies to digest of the laws of this State, so reported and approved of as aforesaid, among the shall be distributed by the executive among the respective counties of several counthis State, agreeably to the rule laid down by the constitution for ap- State. portioning 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. 8. Sec. IV. The remaining 200 volumes of the aforesaid digest of The 200 rethe laws of this State, so reported and approved of as aforesaid, shall maining copies reserved be reserved by the executive for the future disposition of this State. for future dis9. Sec. V. The laws of this State which shall in future be passed shall, at the end of each succeeding session, be printed and distributed in manner and form aforesaid. It was resolved, on the 6th December, 1799, that a former appropriation of $2,000, in favor 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 II. Marbury, secretary of state, and William H. Crawford, one of the commissioners, " confirms and establishes the same 66 as the digest of the State." Vol. I. 599. An Act to compile and arrange the Laws and Resolutions of this State, passed since the political year 1800.-Approved December 12, 1809. Vol. II. 528. position. Laws in future to be printed and distributed in the same manner. resolutions 10. Sec. I. During the year 1810, the laws of this State, passed Laws and since the political year 1800, and the concurred and approved reso- since 1800 to lutions, except such as relate to elections by the general assembly, be compiled. and every tenth year thereafter, shall be compiled, arranged, and printed. 11. Sec. II. The legislature shall, by joint ballot of both branches, A person to be appointed appoint some fit and proper person to compile and arrange the laws of for that purthis State, in pursuance of this act, and report the same to his excel- pose, who is to report the lency the governor, who shall approve or disapprove of the same: And same to the when the work shall be thus performed, and approved of by his excel governor. 2,000 volum's lency 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.* 12. Sec. III. If his excellency the governor shall approve of such to be printed. 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, 2,000 copies of the laws, as shall be reported to and approved of by his excellency, in terms of this act. The manner of distributing them. 500 volumes reserved for 13. Sec. IV. After the said laws are compiled, arranged, and printed, his excellency the governor shall cause the same to be distributed 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 dis- 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 tribution. Digest of all the public and general laws to be formed. What it shall contain in the appendix. How to be reported, ex paid for. An Act prescribing the form of a Digest or Manual of the Laws of 15. Sec. I. During the year 1820 a digest of the laws of this State shall be formed and arranged, which shall include all acts and resolutions 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. 16. Sec. II. To said digest shall be added an appendix, which shall contain the constitution of the United States and the State of 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. 17. Sec. III. The legislature shall by joint ballot appoint some fit amined, and and proper person to form and arrange a digest in pursuance of this act, who shall report the same to his excellency the governor, who, 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. * 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 Clay- · ton'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. ↑ Resolution, directing a distribution of Clayton's digests, Nov. 1814. Vol. III. 1145. Act, directing a sale of the supernumerary copies of M. and C. digest. 380. It is under this act that the present work is compiled. Vol. II. § Time enlarged until 1st Sept. 1821, by resolution of 18th Dec. 1820, pam. of 1820, p. 112. appointed to 18. Sec. IV. Three fit and proper persons shall be appointed by A committee the governor to examine said work, and on their favorable report he of three to be shall be authorized to contract for the printing* of 3,000 copies in examine the convenient bound volumes, a part to be distributed pursuant to the act If received, of the legislature, passed 12th December, 1809, and the remainder 3,000 copies reserved for future disposition of the legislature. RESOLUTIONS. Showing the importance of a general promulgation of the English statutes of force in Georgia; and the expediency of appointing some proper person to digest and report them to the governor; directing him to subscribe for 2,000 copies, [Dec. 20, 1823. Vol. iv. 26 of Res.] Appointing William Schley to the performance of that service, [Dec. 20, 1823. Ib. 37.] Advancing half the amount of the State subscription, to defray the expense of printing and binding, [Dec. 15, 1824. Ib. 47.] For distribution of the acts of congress, [pam. of 1830, 255.] Publication in the gazettes, [pain. of 1832, 267; of 1834, 341; of 1835, 350; of 1836, p. 33 of Res.] A copy of the laws and journals to each senator and representative, [pam. of 1832, 267; of 1833, 356; of 1836, p. 44 of Res.] To each newspaper, [pam. of 1835, 344; of 1836, p. 44 of Res.] Purchase of 3,000 copies of Green & Lumpkin's Georgia Justice, [pam. of 1835, 334.] Report and resolutions concerning the present (second) edition of this Digest, pam. of 1836, p. 24 of Res.; referring to a resolution of the preceding year, for which, see acts of 1835, p. 334. work. to be printed. How to be distributed. LIMITATION OF ACTIONS. An Act for limitation of Actions, and for avoiding Suits in Law.†— For quieting of men's estates, and for avoiding of suits, mited to after the ac 1. Sec. I. Be it enacted, That all writs of formedon ‡ in descender, Actions of formedon in remainder, and formedon in reverter, of any lands, tene- ejectment liments, or hereditaments, or any other writ, suit, or action whatsoever, seven years at any time hereafter to be sued or brought, by occasion or means of tion accrues. any title or cause heretofore accrued, happened, or fallen, or which may hereafter descend, happen, or fall, shall be sued and taken within seven years next after the passing of this act, or after the title and cause of action shall or may descend or accrue to the same, and at no time after the said seven years; and that no person or persons that now hath or have, or which hereafter may have, any right or title of entry into any lands, tenements, or hereditaments, shall at any time hereafter make any entry, but within seven years next after the passing of this act, or after his or their right or title shall or may descend or accrue to the same; and in default thereof, such person so not *The Governor 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. This Act was repealed 7th December, 1805, but revived again 26th June, 1806, as to all actions and causes of action which originated under it, [see Sec. 10,] and was fully revived 8th December, 1806, [see Sec. 11.] Writs of formedon are of course out of use since the prohibition of entails by the constitution of 1798. Or three years after removal of disability. Quiet possession for twenty years, good title. Under claimants barred in like man ner. entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made: Provided nevertheless, that if any person or persons that is or shall be entitled to such writ or writs, or that hath or shall have such right or title of entry, be, or shall be at the time of such right or title first descended, accrued, come, or fallen, within the age of one and twenty years, feme coverts, non compos mentis, imprisoned, or beyond seas,* that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said seven years are expired, bring his, her, or their action, or make his, her, or their entry, as he, she, or they might have done before this act, so as such person and persons, or his, her, or their heir and heirs, shall, within three years next after his, her, or their full age, discoverture, coming of sound mind, enlargement out of prison, or returning from beyond seas, take benefit of and sue for the same, and at no time after the said three years. And for the better and more perfect quieting of men's possessions and estates, and avoiding of suits, 2. Sec. II. Be it enacted, That all and every person and persons whatsoever, now in possession of any lots, lands, tenements, or hereditaments whatsoever, within this province, derived from any grant, allotment, or other power or authority whatsoever, by, from, or under the late trustees for establishing this colony, or their president and assistants, or from any other person or persons whatsoever under their authority, or by or from any grant from his late majesty, (of blessed memory,) or from his present majesty, or by or under any last will and testament, purchase or purchases, whether by deed of gift, bill of sale, or other conveyance whatsoever, for lawful or valuable consideration, and where the person or persons now in the possession of the said lands, tenements, or hereditaments, do possess, hold, and claim the same, as of his, her, or their own proper right in fee simple, and the person or persons so in possession, or the person or persons under whom they claim, have severally or successively been quietly possessed of the same under any of the titles, ways, or means aforesaid, and without lawful interruption by suit or action at law actually commenced, enjoyed the same for the space of twenty years before the passing of this act, that then such person and persons so in possession as aforesaid, shall have good right and title to the same, and shall have, hold, and enjoy the said lands, tenements, and hereditaments unto him, her, or them, his, her, or their heirs or assigns for ever in fee simple, against all and every other person and persons whatsoever, any thing herein before contained to the contrary notwithstanding. 3. Sec. III. Not only the person or persons who are or shall be hereafter barred, by not suing or prosecuting his or their claims to any lands, tenements, or hereditaments in this province within the time limited by this act, but also all manner of persons whatsoever, that shall at any time claim under such person or persons, who have lost or may hereafter lose their right, by neglecting to sue and prosecute his or their claim as aforesaid, shall be in like manner barred by this act, as his, her, or their ancestor or ancestors, or those under whom be they claim, were or would have hereby been, and that this act, and such clause or clauses herein as relate to the matters aforesaid, may be given in evidence to a jury upon a trial of any claim, matter, or right to any lands or tenements in question between party and party, and that the chief justice and judges upon all such trials shall allow the same to be given in evidence, so far as concerns the said matter in difference. This act to given in evidence to the jury. *See Sec. 18, as to idiots, lunatics, and infants; and Sec. 19, as to persons out of the State. |