]> <emph>Acts of the General Assembly of the State of Georgia, Passed in Milledgeville, at an Annual Session in November and December, 1861:</emph> Electronic Edition. Georgia. Funding from the Institute of Museum and Library Services supported the electronic publication of this title. Text transcribed by Apex Data Services, Inc. Images scanned by Joshua G. McKim Text encoded by Joshua G. McKim First edition, 2001 ca. 600K Academic Affairs Library, UNC-CH University of North Carolina at Chapel Hill, 2001.

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 Acts of the General Assembly of the State of Georgia, Passed in Milledgeville, at an Annual Session in November and December, 1861. Georgia. Laws, 1861. Published By Authority. 159p. Milledgeville: Boughton, Nisbet & Barnes, State Printers. 1862. Call number 1521conf (Rare Book Collection, University of North Carolina at Chapel Hill)

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 Library of Congress Subject Headings, 21st edition, 1998 English Georgia -- History -- Civil War, 1861-1865. Georgia -- Politics and government -- 1861-1865. Law -- Georgia. Legislation -- Georgia. Session laws -- Georgia. 2001-04-11, Celine Noel and Wanda Gunther revised TEIHeader and created catalog record for the electronic edition. 2001-03-12, Joshua G. McKim finished TEI-conformant encoding and final proofing. 2000-01-28, Joshua G. McKim finished TEI/SGML encoding 2000-01-29, Apex Data Services, Inc. finished text transcription.

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 ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1861. PUBLISHED BY AUTHORITY. MILLEDGEVILLE: BOUGHTON, NISBET & BARNES, STATE PRINTERS. 1862. PRINTED AT THE SOUTHERN FEDERAL UNION OFFICE, MILLEDGEVILLE, GEORGIA. EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GA., December 20th, 1861. WM. H. HUNT, ESQ., Compiler of the Laws of 1861:SIR:

In compiling and preparing for publication, the Acts passed at the late Session of the General Assembly, you will abbreviate the enacting and repealing clauses, as has been the custon for several years past, where the same can be done without changing the true import of the Acts.

Respectfully, &c., JOSEPH E. BROWN, Governor. TABLE OF TITLES, DIVISIONS, &C. PART I.PUBLIC LAWS. TITLE I.—AGRICULTURE. TITLE II.—APPROPRIATIONS. TITLE III.—ATTORNEYS AT LAW. TITLE IV.—BANKS AND BANKING. TITLE V.—CODE OF GEORGIA. TITLE VI.—COUNTY LINES. TITLE VII.—COUNTY REGULATIONS. TITLE VIII.—ELECTIONS. TITLE IX.—EXRS., ADMRS., TRUSTEES, ORDINARIES, &C. TITLE X.—GENERAL ASSEMBLY. TITLE XI.—GEORGIA RELIEF & HOSPITAL ASSOCIATION. TITLE XII.—GREAT SEAL OF STATE. TITLE XIII.—INSOLVENT DEBTORS. TITLE XIV.—INSURANCE COMPANIES. TITLE XV.—JUDICIARY. TITLE XVI.—MILITARY. TITLE XVII.—MONOPOLIES, EXTORTIONS, &C. TITLE XVIII.—PENAL CODE. TITLE XIX.—SALARIES. TITLE XX.—SLAVES AND FREE PERSONS OF COLOR TITLE XXI.—STATE HOUSE OFFICES AND OFFICERS. TITLE XXII.—STATE LUNATIC ASYLUM. TITLE XXIII.—STATE PRINTER. TITLE XXIV.—TAXES. TITLE XXV.—WESTERN & ATLANTIC RAIL ROAD. PART II. PRIVATE AND LOCAL LAWS. TITLE I.—APPROPRIATIONS. TITLE II.—CITIES AND TOWNS. TITLE III.—CORPORATIONS. TITLE IV.—COUNTIES. TITLE V.—COUNTY LINES. TITLE VI.—COUNTY REGULATIONS. TITLE VII.—EDUCATION. TITLE VIII.—EXECUTORS, ADMINISTRATORS, ORDINARIES, &C. TITLE IX.—INTERNAL TRANSPORTATION. TITLE X.—PATROLS. TITLE XI.—PHYSICIANS. TITLE XII.—RELIEF. TITLE XIII.—RIVERS AND DAMS. TITLE XIV.—ROADS. TITLE XV.—SLAVES AND FREE PERSONS OF COLOR. TITLE XVI.—TAXES. TITLE XVII.—TELEGRAPH COMPANIES. STATUTES OF GEORGIA, PASSED BY THE GENERAL ASSEMBLY OF 1861. PART I.———PUBLIC LAWS. TITLE I. AGRICULTURE AND COMMERCE.

SEC. 1. $50,000 appropriated to encourage the manufacture of salt in Georgia. SEC. 2. May be advanced in parts to different persons or Companies. SEC. 3. Direct Trading Company of Georgia, incorporated. SEC. 4. The Company may own real-estate, Ware-houses, vessels, &c. SEC. 5. Capital stock $1,000,000, which may be increased to $3,000,000. SEC. 6. Location of main office and branches. SEC. 7. Officers of the Company—when Company may organize. SEC. 8. May insure cotton against fire on sea or land, and act as agent of Foreign Insurance Companies in Georgia. SEC. 9. Personal liability of the stockholders for debts of the Company. SEC. 10. Duration of charter 20 years.

(No. 1.) An Act to encourage the manufacture of Salt within the limits of the State of Georgia, and for other purposes.

Preamble.

WHEREAS, The supply of salt, in consequence of the blockade of the ports of this State, is exceedingly limited, and much inconvenience must result to the people unless measures are afforded to manufacturers of said article.

$50,000 appropriated to encourage the manufacture of Salt.

1. SEC. I. Be it enacted, That his Excellency the Governor of this State, be and he is hereby authorized to draw his warrant upon the Treasury of this State, for the sum of fifty thousand dollars; which said sum, in his discretion, shall be advanced without interest, to any Company or Corporation, which has been or may hereafter be established in this State for the manufacture of salt: the advance so made to be secured to the State by mortgage, or otherwise, and to be refunded to the Treasury aforesaid, at such time or times, as may be designated by the said Governor, after peace shall have been restored between the United States and Confederate States of America.

May be advanced in parts to different persons or companies.

Terms upon which advanced.

2. SEC. II. Be it further enacted, That the Governor is hereby authorized to draw his warrant, or several warrants, upon the Treasury of Georgia, in favor of such persons or Corporations as may be engaged, or may hereafter engage in the manufacture of salt, not to exceed in all the sum of fifty thousand dollars; and the Governor may draw for any part of said sum, in favor of any responsible parties or corporations, in sums as may be, in each case, agreed upon; Provided, that in each case, before the same shall be drawn from the Treasury, good and sufficient security shall be given by the party or corporation in whose favor it shall be made, in bond or mortgage; the sufficiency of the security to be judged of by the Governor, and the time of repayment to the State to be likewise stipulated by his Excellency; Provided, that no interest shall be charged on the sum or sums so advanced.

SEC. III. Repeals conflicting laws.

Assented to December 16, 1861. (No. 2.*) An Act to incorporate the Direct Trading & Navigation Company of Georgia, and for other purposes.

* Another Act was passed during the late Session, incorporating the “Direct Trading Company of Georgia,” which was, word for word, like this one, except the 6th Sec. as embraced in this, which was entirely wanting; and by direction of the Governor, this one only of the two is published.—COMPILER.

Corporators.

Direct Trading Company of Georgia incorporated.

Powers.

By laws.

3. SECTION I. Be it enacted, That Perino Brown, C. G. Baylor, Thomas P. Fleming, A. S. Atkinson and William J. Russell, of the State of Georgia, their associates, successors or assigns be, and the same are hereby incorporated and made a body politic, under the name and style of the “Direct Trading Company of Georgia”; and by that name shall be capable in law, of suing and being sued, in any of the Courts of this State; to make, have and use a common seal, and the same to alter, or renew, as they may deem proper; and also to make, ordain, and establish, alter or amend such bylaws, ordinances and regulations as shall seem to them necessary and convenient, for the organization of said Company—the election of its Directors—the subscription to its stock—the selection of the officers of the Company—prescribing the duties, compensation and responsibilities of the same; and generally to provide for the Government of said Company, in accordance with the forms, usages and stipulations of corporate bodies in this State; said by-laws and regulations not being contrary to the Constitution of this State or of the Confederate States, or repugnant to, or inconsistent with the fundamental laws of this Corporation, as hereinafter set forth and enacted by the authority aforesaid.

May own real estate. warehouses, vessels, &c.

4. SEC. II. Be it further enacted, That the said Company shall be capable of holding, owning and retaining such real-estate, buildings and ware-houses, in the State of Georgia, as may be necessary for the transaction of its business; and shall have power to conduct and carry on a general Foreign and Domestic, Mercantile and Exchange business, and own ships or sea going vessels propelled by sail, or steam, or import by steam or sail.

Capital $1,000,000.

5. SEC. III. Be it further enacted, That the capital stock of said Company shall consist of one million of dollars, which may be increased by the stockholders, at a regular meeting, to a sum not exceeding three millions of dollars; which shall be divided into shares of one hundred dollars each.

Location of main office.

Branches.

6. SEC. IV. Be it further enacted, That said Company shall have power to establish the main office of the same, in any City or Sea Port Town of Georgia, with such Branches or Agencies in any Town or district of the State, as it may deem necessary in conducting its commercial and exchange transactions.

Officers of the Company.

When Company may organize.

7. SEC. V. For the well ordering of the affairs of said Company, there shall be elected by the stockholders, a President and Cashier, and not less than three Directors or business Managers, so soon as two thousand bales of cotton, or one hundred thousand dollars in Confederate or State Bonds or current Bank notes, or specie to a similar amonnt, shall have been subscribed to the stock of, or received by said Company.

May insure cotton against fire on sea or land.

May act as agent of foreign Insurance companies in Ga.

8. SEC. VI. And be it further enacted, That said Company shall have power to grant policies of insurance upon Cotton, against risk by fire on sea or land; and to act as Agent for European Insurance Companies within the State of Georgia, subject always to the laws of this State relating to Foreign Insurance Companies.

Personal liability of the Stockholders.

9. SEC. VII. Be it further enacted, That the private property of stockholders of said Company, shall be liable and bound to the number and amount of shares or stock subscribed or held by each individually, and no more, for the payment and discharge of the debts, and obligations of said Company.

Duration of charter 20 years.

10. SEC. VII. Be it further enacted by the authority aforesaid, That this charter shall last, continue and pertain, to said Company incorporated as aforesaid, for and during the period of twenty years from and after the passage of this Act.

11. SEC. IX. Repeals conflicting laws.

Assented to December 17, 1861. TITLE II. APPROPRIATIONS.

Sec. 1. Salary of the Governor, of Secretary of State and Treasurer, of Comptroller General, of Secretaries of Executive Department. Pay of Messenger to Executive Department. Salary of State Librarian, of Attorney and Solicitors General, of Judges of the Supreme Court of Judges of the Superior Courts, of Reporter of decisions of Supreme Court. Sec. 2. Appropriation to pay for puplishing General Orders by Major and Brigadier Generals. Sec. 3. Contingent fund—Printing fund. Pay to Chaplain of Penitentiary. Pay for cleaning and taking care of Senate Chamber and House of Representatives. Pay of joint committee who visited Academy for the Blind. Sec. 4. Pay of State House Guard. Appropriation to buy books for the State Library in 1862. Appropriation to Clerk of Supreme Court, to pay for stationery, advertising meetings of Court, &c. To pay for keeping in repair and winding up State House Clock in 1862. Salary of Superintendent of Georgia Military Institute. Appropriation to Col. A. V. Brumby, Capt. Thomas R. McConnell and Capt. R. S. Camp. Sec. 5. Per diem pay of President Senate and Speaker House of Representatives, their mileage. Sec. 5. Per diem of Members of General Assembly, their mileage. Sec. 6. Pay of Secretary of Senate, of Clerk of House Representatives. Sec. 7. Contingent expenses of Secretary Senate and Clerk House Representatives. Pay of Messengers and Door-Keepers to Senate and House Representatives. Pay for cleaning and lighting chandeliers. Sec. 8. State Treasurer to make advance payments to officers of Government. Sec. 9. Governor to pay for services rendered where no appropriation is made. Sec. 10 General appropriation to pay fixed salaries. Sec. 11 Appropriation to the Georgia Relief and Hospital Association. Sec. 12 Appropriation to pay Public Debt and interest thereon, as they fall due. Sec. 13 State Bonds or Treasury Notes may be issued to meet appropriations by this Act, if money not in Treasury; kind to be issued. Sec. 14. Appropriation to John M. Cooper & Co. Sec. 15. Appropriation to pay guard of State Magazine; to pay Military Store Keeper at Savannah: to pay Military Store Keeper at Milledgeville. Sec. 16. Appropriation to pay expenses of Electoral College for President and Vice President, to pay Major J. H Steele as Secretary to Electoral College. Sec. 17. Appropriation to pay balance to Commissioners to other States, sent by State Convention. Sec. 18. Certain Clerks allowed to Comptroller General. Sec. 19. Appropriation for relief of sufferers by late fire in Charleston. Sec. 20. Military fund of $5,000.000 for 1862. Sec. 21. Pay to Clerk of Judiciary Committee of Senate. Sec. 22. Appropriation to Major H. J. G. Williams. Sec. 23. Governor authorized to draw $100,000 for support of State Troops.

(No 3.) An Act to provide for raising a revenue for the political year 1862, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes therein named.

Salary of Gov, for 1862.

Salar's of Secretary of State and Treasurer for 1862.

Salary of Compr. Gen. for 1862.

Salary of Secretaries Ex. Dept. for 1862.

Pay of Messenger to Ex. Dept for 1862.

Salary of State Librarian for 1862.

Salary of Attorney Gen & Solicitors Gen for 1862.

Salaries of of Judges of Supreme Court for 1862

Salaries of Judges of Sup'r. Courts for 1862.

Salary of Reporter of Supreme Court for 1862.

1. SECTION I. Be it enacted by the General Assembly of Georgia, That the following sums of money be, and the same are hereby appropriated, to the respective persons and objects hereinafter named, viz: The sum of Four Thousand Dollars to his Excellency the Governor, as his salary for the year 1862; and the further sum of Sixteen Hundred Dollars each to the Secretary of State and Treasurer, and no more; and the sum of Two Thousand Dollars to the Comptroller General for the year 1862, and no more; and the sum of Twelve Hundred Dollars each to the Secretaries (not exceeding two) employed in the Executive Department, for the year 1862, and no more; and the sum of Five Hundred Dollars to pay the Messenger to the Executive Department for the year 1862; and the sum of Five Hundred Dollars to the State Librarian, as his salary for the year 1862, and no more; and the sum of Two Hundred and Twenty-Five Dollars to each, the State's Attorney, and Solicitors General, for the year 1862: and the sum of Thirty-Five Hundred Dollars to each Judge of the Supreme Court, whose commission bears date prior to the 29th day of November, 1861; and the sum of Two Thousand Dollars to each Judge of the Supreme Court, whose commission bears date since the 29th day of November, 1861, for his salary for the year 1862; and the sum of Twenty-Five Hundred Dollars to each Judge of the Superior Courts, whose commission bears date prior to the 29th day of November, 1861; and the sum of Fifteen Hundred Dollars to each Judge of the Superior Courts, whose commission bears date since the 29th day of November, 1861, as his salary for the year 1862; and the sum of Eight Hundred Dollars is hereby appropriated to pay the salary of the Reporter of the Decisions of the Supreme Court for the year 1862.

To pay for publishing military orders.

2. SEC. II. Be it further enacted, That the sum of One Thousand Dollars (or so much thereof as may be necessary) be, and the same is hereby appropriated for the purpose of defraying the expense of the publication of general orders by the Brigadier Generals and Major Generals of the Militia of this State, of their respective Brigades and Divisions.

Contingent fund for 1862.

Printing fund for 1862.

Provision for deficit.

Chaplain of Penitentiary.

For cleaning and taking care of Senate Chamber and Rep. Hall for 1862.

To the committee that visited Academy of the Blind.

3. SEC. III. Be it further enacted, That the sum of Sixteen Thousand Dollars be, and the same is hereby appropriated, as a contingent fund for the year 1862; and the sum of Thirty Thousand Dollars be appropriated for a Printing fund for the current year; and that in case of a deficiency in this appropriation, the Governor is hereby authorized to draw his warrant upon the Treasury for the deficit, to be paid out of any money in the Treasury not otherwise appropriated; and the sum of One Hundred and Fifty Dollars to pay the Chaplain of the Penitentiary for the year 1862; and the sum of Fifty Dollars to the person selected by the Governor to keep clean, scour, air the chambers, and dust the carpets, &c., of the Senate Chamber and Representative Hall, for the year 1862. and the sum of Forty-Five Dollars to pay the expenses of the Committee of the two Houses, which visited the Academy for the Blind.

State House Guard for 1862.

To buy books for State Library in 1862.

To Cl'k Sup'e Court for '62.

For repairing &c, State House clock for 1862.

Salary of Supt. of Ga. Mil. Institute for 1862.

Appropriat'n. to Col A V Brumby.

Capt Thos R McConnell.

Capt R S Camp.

4. SEC. IV. Be it further enacted, That the sum of Twelve Hundred Dollars be, and the same is hereby appropriated to pay the State House Guard, for the year 1862; and the further sum of Two Hundred and Fifty Dollars is hereby appropriated, to be used if necessary, by his Excellency the Governor, for the increase of the State Library, in selecting and purchasing such books as he may deem advisable for the year 1862; and the further sum of One Hundred Dollars be, and the same is hereby appropriated, to pay the Clerk of the Supreme Gourt for the correction of errors, for stationery, and advertising notices of the meeting of said Court in the year 1862; and the sum of Fifty Dollars be, and the same is hereby appropriated, to pay for repairing and keeping in order the State House clock for the year 1862; and the further sum of Two Thousand Dollars is hereby appropriated to pay the salary of the Superintendent of the Georgia Military Institute at Marietta; and the sum of Six Hundred and Eighty-nine Dollars and Eighty Cents, or so much thereof as the Governor may find to be due, be and the same is hereby appropriated to pay arrearages due to Col. A. V. Brumby, Captain Thomas R. McConnell, and Captain R. S. Camp, for their salaries as Superintendent, and Professors, of the Georgia Military Institute, for the year 1859; and that the Governor do draw his warrant on the Treasury in favor of the widow of said McConnell, for that portion of this appropriation which is due to her deceased husband, to-wit: the sum of Two Hundred and Twenty-five Dollars and Fifty Cents.

Per diem pay of Presdt Senate and Speaker House.

Mileage.

Per diem of members of Gen'l Assembly.

Mileage.

5. SEC. V. And be it further enacted, That the sum of Six Dollars each, per day, be paid to the President of the Senate, and Speaker of the House of Representatives, during the present session of the General Assembly; and the sum of Four Dollars for every twenty miles of travel going to, and returning from the seat of Government—the distance to be computed by the nearest route usually travelled; and that the sum of Five Dollars each, per day, to the Members of the General Assembly, during the present session, and Four Dollars for every twenty miles travel going to, and returning from the Capital, under the same rules which apply to the President of the Senate and Speaker of the House: Provided, That no Member of the General Assembly shall receive pay for the time he may be absent, unless his absence was caused by the sickness of himself or family, or had leave of absence granted by the Senate or House, for satisfactory reasons.

Pay of Sec'y Senate.

Pay of Clerk House of Reps.

Proviso.

6. SEC. VI. And be it further enacted, That the Secretary of the Senate be paid Eighty-Seven Dollars and Fifty Cents per day, for the present session; and the Clerk of the House of Representatives be paid the sum of One Hundred Dollars per day, for the present session: Provided, That no warrant shall be issued in favor of either until his Excellency the Governor shall have satisfactory evidence, that they have respectively made, or caused to be made, and attached to the Journals of their respective Houses, a good and sufficient index, and shall have carefully marked and filed away all reports of Standing Committees, and all other papers of importance connected with either House.

Contingent expenses of Sec'y Senate and Clark House of Reps.

Pay of Messengers and Door Keepers to Senate & House of Reps.

Pay for cleaning and lighting Chandeliers during session.

7. SEC. VII. And be it further enacted, That the sum of Fifty Dollars, or so much thereof as may be necessary, is hereby appropriated each to the Secretary of the Senate and Clerk of the House of Representatives, to defray the contingent expenses of their respective offices at the present session of the Legislature; and the sum of six dollars per day be paid to each of the Messengers and Door-Keepers of the Senate and House of Representatives, the present session of the General Assembly; and the sum of Fifty Dollars is hereby appropriated to pay for cleaning, lighting, and keeping in order the chandeliers of the Senate Chamber and Representative Hall, during the session of the General Assembly.

State Treasurer to make advance payments to officers of Govment.

8. SEC. VIII. And be it further enacted, That the Treasurer be authorized to pay from time to time, to the officers of the Government, whose salaries are appropriated by this Act, seventy-five per cent of the amount for which service has been actually rendered at the date of such payment, taking receipts from said officers for the same: which receipts shall be his vouchers, and are hereby declared offsets to the extent of said payments to Executive warrants drawn at the end of the quarter for said officer's salary.

Gov to pay for services rendered where no appropriation is made.

9. SEC. IX. And be it further enacted, That in all case, where the General Assembly directs the performance of any service or labor, for which no provision for compensation is made, the Governor is hereby authorized to draw his warrant on the Treasury for such sum or sums, as in his judgment, may be a just compensation.

General apprapriation to pay salaries.

10. SEC. X. And be it further enacted, That the various sums of the annual salaries of all the officers of this State, whose salaries are fixed by law, be and the same are hereby appropriated annually, to pay said salaries, until they are otherwise altered by law.

Ga. Relief & Hospital Association.

If amount be not in Treasury not otherwise appropriated, Gov to issue Treasury Notes or State Bonds.

11. SEC. XI. And be it further enacted That the sum of Two Hundred Thousand Dollars be, and the same is hereby appropriated for the Georgia Relief and Hospital Association; to be drawn and expended according to an act passed at the present session: and if no money in the Treasury not otherwise appropriated shall be available for said appropriation, then his Excellency the Governor be, and he is hereby authorized to issue Treasury Notes or Bonds, not to bear exceeding eight per cent, in such sums as may be needed from time to time, to effect the object of said appropriation; said Treasury notes to be fundable in eight per cent bonds when the sum of five hundred dollars shall be presented at the Treasury; said bonds not having longer to run than ten years, and to be redeemed at the option of the Governor, twelve months from and after their issue.

To pay the public debt as it may become due, or the interest thereon.

12. SEC. XII. Be it further enacted, That the further sum of seven hundred thousand dollars be, and the same is hereby appropriated, to pay any portion of the public debt which may become due within the present political year, and to pay the interest on such Treasury Notes and State Bonds as may be issued under authority of any law passed during the present session of the Legislature; the same to be paid out of any money in the treasury not otherwise appropriated.

If the money should not be in the Treasury to meet any appropriations made in this act, Gov may issue State Bonds or Treasury Notes, for the deficit.

Kind of bonds and Treasury Notes to be issued.

13. SEC. XIII. In case, at at any time, the money should not be in the treasury to meet any of the appropriations herein made, the Governor is authorized to have issued and used to meet any deficiency, bonds bearing not more than eight per cent, or treasury notes, as he may deem best; said bonds when issued, not to run for a longer time than thirty years, and redeemable at any time after five years from their date, at the option of the Governor.

Pay to Jno M Cooper & Co for public printing done by them for State Convention.

14. SEC. XIV. And be it further enacted, That the sum of seventy-seven dollars and seven cents, be appropriated to pay John M. Cooper & Co., for public printing done for the Convention of the people of Georgia while sitting in Savannah.

To pay guard of State Magazine at Milledgeville.

Pay to State Military store Keeper in Savannah.

Pay to State Military store keeper in Milledgeville.

15. SEC. XV. And be it further enacted, That the sum of four hundred dollars, or so much thereof as may be necessary, be and is hereby appropriated to pay for the Guard at the State magazine at Milledgeville, for the year 1862; and the further sum of five hundred dollars is hereby appropriated to pay the Military Store Keeper in the city of Savannah, and a like sum to pay the Millitary Store Keepers in Milledgeville.

Pay of expenses of Electoral College.

Pay to John H. Steel as Sec'y. of Electoral College.

16. SEC. XVI. Be it further enacted, That His Excellency the Governor be, and he is hereby authorized to draw his warrant on the Treasury of this State, for such an amount of money as will be necessary to pay the expenses of the Electoral College, recently assembled at Milledgeville, for the election of President and Vice-President of the Confederate States; and the further sum of twenty-five dollars to pay John H. Steele for his services as Secretary of the Electoral College.

Pay of Commissioners to certain States sent by State Convention in additiou to advances made to them respectively.

17. SEC. XVII. Be it further enacted, That the following be, and the same is hereby appropriated, to pay such of the Commissioners appointed by the Convention of Georgia to certain States, in addition to the advancements made by the Governor at the time of the appointments, to-wit:

To A. R. Wright, Commissioner to Maryland, $ 200 00 To D. C. Campbell Commissioner to Delaware, 200 00 To H. L. Benning, Commissioner to Virginia, 200 00 To Samuel Hall, Commissioner to N. Carolina 200 00 To H. P. Bell, Commissioner to Tennessee, 200 00 To N. C. Daniel, Commissioner to Kentucky, 200 00 To D. P. Hill, Commissioner to Arkansas, 200 00 To L. J. Glenn, Commissioner to Missouri, 200 00 To W. A. Vason, Commissioner to Louisianna, 200 00 To J. W. A. Sanford, Commissioner to Texas, 200 00

And the Governor is hereby authorized to draw his warrant upon the Treasury in favor of such of said Commissioners for the sums hereby appropriated.

Certain Clerks to Compt. Gen.

18. SEC. XVIII. Be it further enacted, That, to enable the Comptroller General to have the Bonds and Treasury Notes of the State recorded in his office in pursuance of the acts of the General Assembly, the Governor is hereby authorized to furnish to the Comptroller General one or more Clerks to keep up the registering of such Treasury Notes and Bonds; and the Governor is hereby directed to draw his warrant on the Treasury for adequate compensation for such Clerk or Clerks, to be selected by the Comptroller General.

Appropriation for relief of sufferers by the late fire in Charleston.

19. SEC. XIX. And that the further sum of one hundred thousand dollars be, and the same is hereby appropriated, for the relief of the unfortunate sufferers by the calamitous fire in Charleston, South Carolina; and that the Governor be authorized to tender said amount for the above purpose, to the Governor of South Carolina, with the sincere sympathies of the General Assembly, in the misfortune of their seaport city.

Military fund of $5,000,000 for 1862.

20. SEC. XX. Be it further enacted, That the sum of five millions of dollars*

* For appropriation of $100,000 for support of State Troops, which was made for immediate relief to the Troops till the general military appropriation should be made, see next Act.

be, and the same is hereby appropriated, as a military fund for the year eighteen hundred and sixty-two; to be drawn from the Treasury, on the warrants of the Governor, from time to time as the same may be required to defray either past or future expenses for military purposes.

Pay to Clerk of Senate Committee on Judiciary.

21. SEC. XXI. That the sum of four dollars, per diem, be appropriated to pay the Clerk of the Senate Committee on the Judiciary for as many days as he has served said committee; and that the Auditing Committee of the Senate shall not be authorized to audit said Clerks account for any greater number of days than shall be certified to by the Chairman of said Judiciary Committee.

Appropriation to H. J. G. Williams.

22. SEC. XXII. Be it further enacted, That the sum of Two Hundred Dollars be, and the same is hereby appropriated to H. J. G. Williams, in addition to what he has already received, as compensation for his services as an Enrolling Clerk of the late State Convention.

To pay balances due Professors of Georgia Military Institute.

To V. H. Manget; J. C. Eve- A. W. King; J. W. Baker.

23. SEC. XXIII. Be it further enacted, That the following sums be, and the same are hereby appripriated to pay the balance due to the several Professors of the Georgia Military Institute for the year 1861, viz: to V. H. Manget five hundred and ninety-three dollars and twelve cents; to J. C. Eve fifty-four dollars and forty cents; to A. W. King five hundred and ninety-three dollars and twelve cents; to J. W. Barker seven hundred and fourteen dollars, making the sum of nineteen hundred and fifty-four dollars and sixty four cents.

To W. A. M. Lanier for certain furniture supplied to Georgia Military Institute.

24. SEC. XXIV. And be it further enacted, That the sum of six hundred and eighty-two dollars and seventy eight cents be, and the same is hereby appropriated to pay A. Green & Co., transferees of W. A. M. Lanier, for household and kitchen furniture, crockery, &c., purchased of said Lanier for the Georgia Military Institute, for the use of the State, on the tenth day of August, eighteen hundred and sixty; Provided, the Governor, after investigation, finds the same to be just and due.

To A. N. Simpson, Tr. Georgia Military Institute.

25. SEC. XXV. Be it further enacted, That the sum of three hunered and eighty-nine dollars and eighty-five certs be, and the same is hereby appropriated to pay A. N. Simpson, Treasurer of the Georgia Military Institute for his services as such Treasurer since the purchase of said Institute by the State of Georgia.

To Wm. W. Boyd, for goods sold to Georgia Military Institute before State took charge of it.

26. SEC. XXVI. And be it further enacted, That His Excellency the Governor be, and he is hereby authorized to draw his warrant upon the Treasurer for such sum of money, and as he may, upon proof thereof, find to be due and owing to William W. Boyd, former Commissary and Quartermaster of the Georgia Military Institute, for military goods, &c., sold by him to said Institute when the State took charge thereof.

To pay State Cadets in Georgia Military Institute.

27. SEC. XXVII. Be it further enacted, That, in addition to the two thousand dollars appropriated for the education, board, &c., of the ten State Cadets in the Georgia Military Institute, the further sum of four hundred dollars be, and the same is hereby appropriated for the payment of the two additional State Cadets, one from each of the newly created Congressional Districts.

Assented to December 14, 1861. (No. 4.) An Act to authorize the Governor to draw money from the Treasury for support of the State Troops.

Governor authorized to draw $100,000 for support of State troops,

28. SEC. I. The General Assembly of the State of Georgia do enact as follows: That the Governor of the State of Georgia be, and he is hereby authorized to draw from the Treasury the sum of one hundred thousand dollars, to be used in the support of the State troops now employed in the defence of the State, or such as may hereafter be employed: to be drawn in such sums, and at such times as he may think proper.

Assented to November 30th, 1861. NOTE—For appropriation of $50,000, to encourage the manufacture of Salt within the State, see Act No. 1., Title “AGRICULTURE AND COMMERCE.”For appropriation of $200,000 to the “Georgia Relief and Hospital Association,” see Act No. 29, Title XI; for appropriation of $350,000, for the manufacture and purchase of arms, see Act No. 61, Title MILITARY; for appropriations on account of State Lunatic Asylum, see Acts Nos. 70 and 71, Title STATE LUNATIC ASYLUM. For Act authorizing the Treasurer to make an advance to State Printers, see Act No. 73, Title STATE PRINTERS. For appropriation of $6,000 for support of pupils in Academy for the Blind, see Act No. 82, Title APPROPRIATIONS, Local and Private Laws; also same title, Act No. 82, for appropriation to John H. Seals, for extra compensation for publishing the Revised Code. For Act appropriating $504 80 for relief of Mrs. Boggess, widow of late Surveyor General of this State, see Act No. 122, Title RELIEF. For appropriation of $33 47, for relief of Mrs. Margaret Dillon, see act No. 123, same Title. For Act appropriating $4.40 for relief of Abner Hern, see Act No. 125, same Title. For Act appropriating $13.30 for relief of Wm. J. Rush, see same Act; also for conditional appropriation for relief of Wesley Shuffield, see same Act. TITLE III. ATTORNEYS AT LAW.

SEC. 1. Attorneys at law who fail to pay their professional tax, may be stricken from the roll of Attorneys.

(No. 5.) An act to prevent Attorneys at law from practicing in the Courts of this State, who fail to pay their Professional Tax.

Attorneys at Law who fail to pay their professional tax, may be stricken from the roll of Attorneys.

SEC. 1. Be it enacted, That from and after the passage of this Act, whenever it shall be made to appear to any Judge of the Superior Courts, that any Attorney at Law practicing in said Courts, has failed to pay his professional tax, or fails to pay his said tax levied according to the laws of this State, and execution has been issued for the same by the Tax Collector, and returned by the proper officer no property to be found, it shall be the duty of the Judge presiding in the Superior Court of the county in which the said Attorney resides, to cause to be issued a rule by the Clerk of of said Court, requiring said Attorney to show cause by the next term of said Court, why he should not be struck from the list of Attorneys, and his License to practice declared of no effect, for his failure to pay his said professional tax; which rule shall be served by the Sheriff upon said Attorney, twenty days before the next term of said Court; and if at said term of said Court, said Attorney fails to show sufficient cause, said Judge shall pass an order striking said Attorney from the list of Attorneys, and declare his license to practice in the Courts of law and equity in this State, null and of no effect.

Assented to December 14, 1861. TITLE IV. BANKS AND BANKING,

SECTION 1. Suspension of specie payment by the Banks, continued till 1st Dec, 1862, Banks must redeem their bills when presented in sums of $100, in Confederate or State Treasury Notes-Banks must issue change bills; but may not issue them till 1st Jan. 1862. SECTION 2. Gov. to issue seven per cent. State Bonds in lieu of the six per cents, heretofore delivered to the Banks, and for certain advances made by them to the State. Bonds issued under this act, when redeemable, & c. SECTION 3. Corporators. Cotton Planters' Bank of Georgia, incorporated. Powers and privileges. SECTION 4. Capital stock not to exceed $3,000,000. Stock may be subscribed in Cotton; or in Confederate or State Bonds SECTION 5. Bank to be located in Thomasville; may have agencies at Bainbridge, Quitman, Valdosta, Blakely and Sandersville, and elsewhere. SECTION 6. When Bank may commence business; Directors; President. If a majority of its stockholders be non-residents of Ga. charter forfeited. SECTION 7 By-laws. SECTION 8 The Bank may hold certain real estate; may erect ware-houses. SECTION 9. Stockholders taking stock by paying in cotton, must insure the cotton; or deposite their notes. Liability of stockholders. Transfer of stock. SECTION 10. Bank not bound to pay specie till the other banks in the State resume. SECTION 11. Amount of issues allowed. SECTION 12. Stock Bonds to be registered. Bills issued to form a lien on the Stock Bonds, for their redemption. Entry must be made on the books, of Stock Bonds sold. SECTION 13. Bank may build, purchase or charter ships. Proceeds of cotton sold, to be used to redeem the bank bills which were issued upon it. Overplus to be paid to the Planters, or become a part of the stock of the Bank. SECTION 14. Cotton paid in for stock must be marked. SECTION 15. The Planter subscribing and paying in cotton, may direct when it shall be sold, if it will bring more than what was advanced on it, with expenses. SECTION 16. Sale by Planters of cotton paid in. Conditions and restrictions of such sale. SECTION 17. Subscriptions in Sea Island cotton at $45 per bale of 300 lbs. SECTION 18. None but Planters to own stock in the Bank, nor can any cotton be paid in except that produced by themselves. SECTION 19. Bank of Fulton may hold real estate taken bona fide, in payment of debts due the Bauk. SECTION 20. Any citizen of the Confederate States may take stock in said Bank. SECTION 21. North Western Bank of Georgia may establish an office of discount and deposite in Atlanta. SECTION 22. Purchase and sale of foreign exchange governed by the laws of trade; all statutory restrictions removed. SECTION 23. A married woman may deposit her or her childrens' earnings in Savings Bank, to am't of $1,000, which shall not be subject to control of her husband. SECTION 24. Banks in Savannah may be removed to any point in the interior whilst S. C. or Ga. is invaded. SECTION 25. Payment may be demanded on notes &c., due the Banks so removing, at the place to which they may be removed. SECTION 26. Timber Cutters' Bank. SECTION 27. Publication of semi-annual returns as required by charter of Timber Cutter's Bank, may be made only in the paper in Savannah having the largest circulation. SECTION 28. Issue of change bills by the Palace Mills in Columbus, legalized. Those already issued must be returned and no more put in circulation. SECTION 29. R. L. Mott and the Palace Mills relieved from all penalties incurred for having issued such change bills.—Provisions of this Act extended to all other persons and companies who have issued change bills, on certain conditions. SECTION 30. City Council of Augusta may issue City Treasury Notes of small denominations. SECTION 31. Amount in circulation at any one time not to exceed $100,000. SECTION 32. Penalty for putting in circulation a greater amount than $100,000. SECTION 33. Penalty for counterfeiting same. SECTION 34. Property pledged for redemption of the notes so issued. SECTION 35. Supt. of W. & A. R. R. may issue change bills; amount so issued not to exceed $200,000. SECTION 26. How redeemed. Property of Road and faith of State pledged for their redemption. SECTION 37. Such change bills to be issued on bank note paper if it can be procured. SECTION 38. These change bills receivable for texes and dues to State or Road. SECTION 39. Penalty for counterfeiting them. SECTION 40. Penalty for a violation of any part of this act. Proviso. SECTION 41 — all such bills to be registered. SECTION 42 — authority to issue bills under this Act, to cease on resumption of specie payment by the Banks of the State. SECTION 43. Supt. required to furnish $500 in such change bills for current bank bills, when demanded by any County Treasurer of this State.

(No. 6.) An Act to re-enact and continue in force the first, second and third Sections of an Act to grant relief to the Banks and the people of this State, &c., passed over the Governor's veto on the 30th day of November, 1860; and also to re-enact and continue in force the 4th Section of an Act to add a proviso to the Fourth Section of an Act, entitlen an Act for the relief of the Banks and people of this State, &c., assented to 20th December, 1860.

Suspension of Specie payment by the Banks, continued till 1st Dec. 1862.

Banks must redeem their bills when presented in sums of $100 in Confederate or State Treasury notes.

1. SECTION 1. The General Assembly of the State of Georgia do enact as follows: Be it enacted that the first, second and third sections of the before recited Act passed on the 30th of November, 1860,*

* See Acts of 1860, pp. 21-2.

be, and the same are hereby re-enacted and continued in force until the first day of December, 1862, except the last proviso*

* The proviso here referred to was in these words, “that no Bank shall ask and receive a greater sum than one per centum on exchange, from any citizen of this State, for bills, drafts or checks drawn on any point beyond this State, when the bills of said Bank or Banks are presented in payment for said exchange. See also Act No. 11 in this title, by which it is expressly enacted, “That the purchase and sale of foreign exchange shall hereafter be regulated by the laws of trade;” thus removing all statutory restrictions on the subject.

 of said second section; and that the fourth Section*

* This section is also re-enacted and continued in force till 1st Dec. 1862, together with the entire Act passed 20 Dec. 1860, to add a proviso to the 4th Section of the Act of 30 Nov. 1860, by a separate Act passed at the present Session; for which see Title JUDICIARY, Act No. 52.

 of the before recited Act assented to on the 20th of December, 1860, be, and the same is hereby re-enacted and continued in force until the first day of December, 1862. Provided, That none of the Banks of this State shall be entitled to the relief from the penalties imposed by existing laws, nor shall be authorized or permitted to suspend the payments in specie of their bills upon demand, unless such Banks shall, at all times, give the Treasury notes of this State or of the Confederate States, at par, in exchange for their own bills or Bank notes, when demanded in sums of one hundred dollars.

Banks must issue change bills.

Provided also, That each of the chartered Banks of this State claiming the provision [provisions?] of this act, shall be, and they are hereby required, upon application of any person, to issue and keep in circulation during their suspension, small bills*

* See also act No 15, of this Title, by which the issue of change bills heretofore put in circulation by the Palace Mills Co. of Columbus, and also of those issued by other individuals and Corporations, is legalised, provided those already issued be redeemed and not put in circulation again. By Act No. 17 the Supt. of the W. & A. R. R. is authorized to issue $200,000 in change bills; and by Act No. 16, the City Council of Augusta is authorized to issue $100,000 in City Treasury notes of small denominations, to be used as change bills.

in denominations of five, ten, twenty-five and fifty cents, to the extent of one per centum upon their capital stock; which said small bills shall be redeemed in current bank bills when presented in sums of five dollars or more; and that the said Banks are authorized to issue said small bills to the extent of three per centum on their capital stock.

Not compelled to issue change bills till 1st Jan. 1862.

Provided further, The provision for the issue of change bills contained in the above proviso, shall not be obligatory upon said Banks till the first day of January next.

Assented to November 30th, 1861. (No. 7.) An Act for the relief of the several Banks in the State of Georgia, which have made advances to the State, upon Bonds or other Contracts, and for other purposes.

Preamble.

WHEREAS, Several of the Banks in this State have made advances to the State of Georgia, under the Act of 1860, for the purpose of “providing for the common defence of the State of Georgia, and to appropriate money for the same;” which several advances, amounting in the aggregate, to the sum of eight hundred and forty-two thousand and five hundred dollars, were made by said banks, in part in Bonds of the State, bearing six per cent. interest per annum, and upon an agreement with His Excellency the Governor, that he would recommend to the General Assembly the payment of seven per cent. on said advances; and whereas, it is eminently just and proper that the said Banks should receive the sum of seven per cent. on said advancements.

Governor to issue 7 per cent State Bonds in lieu of 6 per cents. heretofore delivered to the Banks, and for certain advances made by them to the State.

Bonds issued under this act, when redeemable &c.

2. SECTION 1. Be it therefore enacted, That his Excellency the Governor, be and he is hereby authorized and directed, to take up and cancel the Bonds of the State of Georgia, bearing six per cent. interest, which have been issued to the Banks of this State for their advances, and also the receipts, or other agreements which may have been entered into with such banks as have made advances to the State without receiving bonds, and that he cause to be issued and delivered in lieu thereof, Bonds of the State of Georgia, bearing seven per cent. interest per annum, with coupons for the interest thereon, payable semi-annually; said bonds to be redeemable at the expiration of twenty years from the date of said advances, and with the right to the State to redeem said bonds, at her option, at any time after the expiration of five years from their date, upon the payment of principal and interest; said bonds to be delivered to the several banks, according to the amounts respectively advanced by them; and in all cases where the interest has been paid, no coupons shall issue for the amount so paid.

SEC. II. Repeals conflicting laws.

Assented to December 16, 1861. (No. 8.) An Act to incorporate the Cotton Planters Bank of Georgia, to give steadiness to the value of Cotton, to make it available as the basis of a sound circulating medium for the relief of the industrial interests of the Country, and at the same time to enable the Planters to control their own Cotton until the blockade now attempted to be enforced, is removed; to guard the Planters against an unavoidable necessitous sale of their Cotton at less than remunerating prices, and against sacrifices alike detrimental to their interest consequent upon their being forced to draw upon, and accept inadequate advancements upon their crops, paying heavy commissions, interest, insurance and storage, ruinous to the producers of this great Southern staple, and for other purposes.

Corporators.

Cotton Planters' Bank of Georgia, incorporated.

Powers and privileges.

3. SECTION I. Be it enacted by the General Assembly of Georgia, That Thomas Jones, Thomas Hardee, Arthur P. Wright, William Stegall, James L. Seward, and Thomas J. McBain, and such others as they, or a majority of them, may associate with them, shall be a body corporate, under the name of the Cotton Planters' Bank of Georgia; and as such shall be capable of suing and being sued, pleading and being impleaded, and to have other rights and privileges as are incident to the business of Banking.

Capital stock not to exceed $3,000,000.

Stock may be subscribed in cotton,

Or in Confederate or State bonds.

4. SEC. II. And be it further enacted, That the capital stock of said corporation, shall not exceed three millions of dollars; which may be subscribed in Cotton estimated at thirty dollars per bale, five hundred pounds being equivalent to a bale of Cotton; and said stock may also be subscribed in bonds of the Confederate States, and of the State of Georgia.

Bank to be located in Thomasville.

May have Agencies at Bainbridge, Quitman, Valdosta, Blakely and Sandersville, and elsewhere.

5. SEC. III. And be it further enacted, That said Bank shall be located in the town of Thomasville; and the said principal Bank shall have power and authority to establish agencies at Bainbridge, Quitman, Valdosta, Blakely, and Sandersville and elsewhere, under such rules and regulations as the Board of Directors of said Bank may prescribe.

When bank may commence business.

Directors.

President,

Other officers.

If majority of stock be owned by non-residents of State, charter orfeited.

6. SEC. IV. Be it further enacted by the authority aforesaid, That as soon as one thousand bales of Cotton shall be subscribed and paid in, and put in store at such places as the Board of Directors may direct—or thirty thousand dollars in bonds as aforesaid, shall be subscribed and paid in, then the stockholders shall proceed to elect five Directors, from among the stockholders; which Board of Directors shall choose a President from their number, and such other officers as they may deem necessary for the conduct and management of said Bank; and that if, at any time, a majority of the stock is held and controlled by persons non-residents of this State, then and in that event, said charter shall be forfeited.

By-laws.

7. SEC. V. And be it further enacted, That the said Board of Directors shall have authority to pass all by-laws, rules and regulations as they may think proper for the successful operations of said Bank, not inconsistent with the laws and Constitution.

The Bank may hold certain real estate.

May erect Ware-houses &c.

8. SEC. VI. And be it further enacted, That said Cotton Planters' Bank shall be authorized to purchase and hold such real estate as may be necessary for their business, and such as they may buy bona fide, in collecting any debt or debts due said Company, and no other lands; and shall have the right to erect Ware-houses, and such other buildings and improvements as they may think proper.

Stockholders taking stock by paying in cotton, must insure it.

Or deposit their notes.

Liability of stockholders.

Transfer of stock.

9. SEC. VII. And be it further enacted, That, for the purpose of providing against loss to the bill holders consequent upon the loss or destruction by fire, or sea, the several subscribers of stock in Cotton shall have the same insured, or deposit their notes to the amount each that each may subscribe in cotton, as security against such loss by fire or sea; and that the stockholders shall be liable for double the amount of the stock subscribed by each; and to prevent the stock from being transferred to irresponsible parties, each stockholder shall be liable to suit on liabilities of said Bank, for two years after the date of such transfer.

Not bound to pay specie, till other Banks in the State resume.

10. SEC. VIII. And be it further enacted, That said Bank shall not be required to pay specie for its notes, until such time as other Banks shall be required to resume specie payments within this State: when its notes shall be redeemed in gold or silver coin, on presentation within the usual business hours.

Amount of issues allowed.

11. SEC. IX. And be it further enacted, That said Bank only have authority to issue bills, dollar for dollar, upon such bonds as may be subscribed and paid in, and dollar for dollar, on the Cotton subscribed, upon the estimate of thirty dollars per bale.

Stock bonds to be registered.

Bills issued to form a lien on the stock bonds for their redemption.

Entry must be made of bonds sold on the books.

12. SEC. X. And be it further enacted, That the bonds that may be subscribed and paid in, in stock, shall be registered in a book by said Bank to be kept for that purpose; and the bills of said Bank shall constitute and form a lien upon such bonds, or their proceeds, and shall be liable for their redemption; and if, in the course of the business of said Bank, any of said bonds should be sold, an entry of the time of their sale, and the particular bond, and the amount for which it sold, shall be entered upon the books of said Bank.

Bank may build, purchase or charter ships.

Proceeds of cotton sold to be used to redeem the bank bills issued upon it.

Overplus to be paid to Planter,

Or become a part of the stock of the Bank.

13. SEC. XI. And be it further enacted, That said Cotton Planters' Bank shall have authority to build, purchase, charter, or employ ships for the purpose of shipping their Cotton, after the blockade shall have been removed; and upon the sale of said Cotton and the receipts of the proceeds thereof, the thirty dollars in bills issued upon such Cotton, per bale, shall be redeemed, and the overplus, after paying all expenses thereon, including freights, storage, insurance, wharfage, &c., shall be paid to each Planter that may have subscribed, or it shall become a part of the stock of said Bank, and be placed to the credit of such Planters as may have subscribed the same.

Cotton paid in must be marked.

14. SEC. XII. And be it further enacted, That, as each subscription of Cotton may be made and the same is stored, it shall be marked in such manner as it may be known by whom it was subscribed after the sale thereof.

The Planter subscribing and paying in Cotton, may direct when it shall be sold, if it will bring more than was advanced on it, with expenses.

15. SEC. XIII. And be it further enacted, That at any time after any planter shall subscribe stock in said Bank, in cotton, he shall have the right to direct his cotton so subscribed, to be sold, whenever its market value shall rise above the sum of thirty dollars per bale, so as to meet the amount issued thereon by the Bank and the expenses thereon; and the surplus shall be paid over to said planter, so as to allow each planter to determine for himself as to the market, and to exercise his own judgment, without any restriction, as to when the cotton subscribed shall be sold, without loss to said Bank.

Sale of cotton subscribed and paid in.

Conditions and restrictions of such sale.

16. SEC. XIV. And be it further enacted, That any person who may subscribe stock in cotton and the same has been used as the basis of circulation, and thirty dollars is issued thereon, he shall be at liberty to sell his stock, or the cotton which represents his stock, subject to the liability resting upon it for the bills that may be issued thereon.

Subscriptions in sea Island cotton at $45 per bale of 300 pounds.

17. SEC. XV. And be it further enacted, That subscriptions shall be received, in sea island cotton, at forty-five dollars per bale; a bale to be estimated at three hundred pounds, per bale, and constitute stock in said Bank.

No one but a cotton Planter to own stock, nor pay in any cotton except he raised it himself.

18. SEC. XVI. And be it further enacted, That no one shall hold stock in said Bank, except he be a cotton Planter; nor shall be subscribe to the capital stock of said Bank, any other than cotton raised by himself.

SEC. XVII. Repeals conflicting laws.

Assented to December 14, 1861. (No. 9.) An Act to amend An Act incorporating the Bank of Fulton.

Bank of Fulton may hold real estate when taken bona fide in payment of any debt due the bank.

19. SECTION I. The General Assembly of the State of Georgia do enact, That the Act incorporating the Bank of Fulton, in this State be, and it is hereby so amended, as to allow the said Bank to purchase real estate whenever the same shall be done bona fide, in the settlement or collection of claims due and owing by note, bill, or judgment, to said Bank.

Any citizen of the Confederate States may take stock in the Bank of Fulton.

20. SEC. II. And be it further enacted, That any citizen of the Confederate States may take stock in said Bank.*

* By the XVIII Sec. of the Act incorporating the Bank of Fulton, it is declared that “two-thirds of the stock shall be owned by citizens of Georgia.” Acts of 1855—6 p. 69.

SEC. III. Repeals conflicting laws.

Assented to December 17, 1861. (No. 10.) An Act to amend An Act incorporating the North Western Bank of Georgia.

North Western Bank of Georgia may establish an office of discount and deposite in Atlanta.

21. SECTION I. The General Assembly of Georgia do enact as follows: That the Directors of the North Western Bank of Georgia, shall be authorized, at any time after the passage of this Act, in their discretion, to establish an office of Discount and Deposit in the city of Atlanta, in the county of Fulton, and upon the same terms, and in the same manner as shall be practiced at said principal Bank; and to commit the management of said office, and the making such discounts, to such persons, on such terms, and under such regulations, as said Directors shall deem proper, not being contrary to law or the Charter of said Bank.

SEC. II. Repeals conflicting laws.

Assented to Dec. 5th, 1861. (No. 11.) An Act to regulate Foreign Exchange.

Foreign exchange to be regulated by the laws of trade. All restrictions removed.

22. SECTION I. The General Assembly of the State of Georgia do enact, That the purchase and sale of Foreign Exchange, shall hereafter be regulated by the laws of trade.*

* By the X Sec. of the Act of 1857, passed over the Executive veto, it was provided, “that no bank or bank agency, by itself, its officers or agents, shall either directly or indirectly sell any kind of exchange, except sight checks; nor exact, demand, ask or receive for exchange in or out of this State, of any citizen of this State, a greater premium than one per centum, on the amount of exchange sold, when the bills of the bank from which the exchange is sought to be obtained, are presented at its counter in payment of said exchange.” Acts of 1857, p. 28.

See also, Supra, Act No. 6, and notes thereto.

And that all laws or parts of laws heretofore enacted, which place restrictions upon Foreign Exchange, be and the same are hereby repealed.

Assented to December 14, 1861. (No. 12.) An Act to authorize Married Women to deposit money in any Savings Bank or Institution now chartered, or which may hereafter be chartered by this State, and for other purposes therein mentioned.

arried women may deposite in Savings Banks proceeds o their own or their children's labor, to amount of $1,000, free from control of the husband.

23. SECTION I. The General Assembly of the State of Georgia do enact as follows: That it shall and may be lawful for any married woman to deposit in any of the Savings Banks or Institutions for Savings, now chartered in the State of Georgia, or which may hereafter be chartered in said State, any sum or sums of money, the proceeds of her own labor, or that of her children, less than one thousand dollars taken in the aggregate, and to control, draw for, dispose of, devise, or transfer in any way whatever, the sum or sums thus deposited, in every respect as if she were not a married woman.

SEC. II. Repeals conflicting laws.

Assented to December 16, 1861. (No. 13.) An Act to authorize the several Banks and Banking Institutions located at Savannah, to remove their places of business into the interior during the invasion of the enemy.

Savannah Banks may remove to interior during time of invasion of S. C. or Ga.

24. SECTION I. Be it enacted, That it shall be lawful for the several Banks and Banking Institutions located at Savannah, to remove their places of business to the interior of the State, that either of them may respectively select; and there to carry on their business during the invasion of the State of South Carolina or of this State, by the forces of the army or navy of the United States.

Payment may be demanded on notes &c. made payable to the banks in Savannah at the points to which they may be removed.

25. SEC. II. And be it further enacted, That, in respect of notes or bills, or acceptances or obligations hereafter to fall due and payable in the city of Savannah, it shall be lawful for the holders of the same, to make demand of payment at any point, or points, in the interior to which said Banks may remove their places of business; and upon such demand and notice to drawers of bills or endorses of notes or bills, or obligations, of non-payment of the same, given or sent by mail within a reasonable time, such drawers of bills or endorsers of notes or bills, or obligations, shall be held and bound for the same, in the same manner as if such demand of payment had been made in Savannah.

SEC. III. Repeals all couflicting laws.

Assented to November 22, 1861. (No. 14.) An Act to authorize the removal of the Timber Cutters' Bank, and for other purposes.

Timber Cutters Bank may be removed to Brunswick or Darien.

26. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That by and with the consent of the Stockholders in the Timber Cutters' Bank, located at Savannah, to be made known by a vote of a majority of the shares of the Capital Stock, the said Bank may be removed to, and permanently located at either the city of Darien or the city of Brunswick, in this State; Provided, that the selection of either place for its location shall preclude the removal to the other.

Publication of semi-annual returns.

27. SEC. II. Be it further enacted, That the said Bank shall not be required hereafter, to advertise its semi-annual statement as set-forth in Section fourteen of the act incorporating the same, passed the twenty-sixth day of February, 1856,*

*By this Act, such publications were required to be made “in each of the newspapers printed in Savannah.” See Acts of 1855-6, p. 92.

in more than one of the Gazetts printed in the city of Savannah having the largest circulation.

Assented to Dec. 17, 1861. (No. 15.) An Act to legalize the action of the Palace Mills Company of Columbus, in issuing change bills, and to legalize the issue of change bills by others, on certain conditions.

Preamble.

WHEREAS, Heretofore, to-wit: on the 26th of October, 1861, Randolph L. Mott, President of the Palace Mills Company, of the city of Columbus, at the request and solicitation of many citizens of said city, did issue and put in circulation change bills, for the convenience of the citizens of Columbus, as there was a great scarcity of silver change; And Whereas, the issue of said change bills and the circulation of the same, was contrary to the Statutes in such case made and provided:

Issue of change bills by Palace Mills of Columbus, legalized.

Those issued must be redeemed and no more put in circulation.

28. SEC. I. Be it enacted, That the change bills issued by the Palace Mills, of Columbus, and signed by R. L. Mott, President, and dated 26th of Oct., 1861, and put in circulation, that said issue of change bills are hereby made legal, and the property of the said Palace Mills and all the property of the said R. L. Mott, is and are hereby made liable for the redemption of said change bills; and that the said Palace Mills and Randolph L. Mott are hereby required to redeem, on presentation, and destroy, so as not to put in circulation again, the said change bills.

R. L. Mott and the Palace Mills relieved from all penalties for having issued said bills.

Provisions of this Act extended to others who have issued change bills, on certain conditions.

29. SEC. II. And be it further enacted, That said Palace Mills and Randolph L. Mott, its President, are hereby released from any penalty for and on account of issuing and puting in circulation the said change bills dated on the 26th of October, 1861, any law to the contrary notwithstanding; and that the provisions of this Act be extended to all individuals and Corporations who have issued and put in circulation change bills, upon their redeeming all such bills as may have been issued; Provided, that no Corporation or person shall be relieved from the pains and penalties of the existing laws, who shall fail or refuse to redeem the change bills heretofore issued by them, when presented; Provided further, that this act shall not be so construed, as to authorize said Randolph L. Mott, or any other person or corporation, to issue any other change bills, or to re-issue those which he or they may redeem.*

*See Notes to Act No. 6.

Assented to December 17, 1861. (No. 16.) An Act to authorize the City Council of Augusta, to issue one hundred thousand dollars in Treasury notes, and for other purposes.

Preamble.

WHEREAS, It is important that the circulating medium of this State, grounded upon good and sufficient securities, should be at this time increased to meet the demands and wants of the people: And Whereas, the City Council of Augusta are possessed in their corporate right and name, of a large quantity of Bank Stock, Rail Road Stock, and real estate, greatly exceeding in value the sum of one hundred thousand dollars, as well as the taxable property owned and possessed by the citizens of said city:

City Council of Augusta may issue Treasury notes of small denominations.

30. SEC. I. The General Assembly of the State of Georgia, do therefore enact, That the City Council of Augusta be, and they are hereby authorized, during the suspension of specie payments by the banks of this State, to issue their Treasury notes redeemable either in specie or in current Bank notes, of the denominations respectively, of five cents, ten cents, twenty-five cents, fifty cents, and one dollar: which shall be signed by such officer or officers as said City Council may by Ordinance direct.

Amount in circulation at any one time not to exceed $100,000.

31. SEC. II. The amount of said notes in circulation at any one time, shall never exceed one hundred thousand dollars; and said notes shall be taken in payment of all dues to the City Council of Augusta; and this provision shall appear on the face of the notes issued by said City Council.

Penalty for putting in circulation a greater amount than $100,000.

32. SEC. III. The General Assembly do further enact, That, if the Treasurer of the city of Augusta, or other persons authorized by by the City Council of Augusta, to sign said notes, shall sign and put in circulation at any one time, a greater sum than one hundred thousand dollars, he, or any one of them, shall be guilty of a misdemeanor, and on conviction, shall be fined or imprisoned; said fine not to exceed one thousand dollars, and said imprisonment not to exceed six months.

Penalty for counterfeiting same.

33. SEC. IV. The General Assembly do further enact, That, if any person or persons shall be guilty of forging or counterfeiting any of said notes, [or shall pass any of said notes?] knowing them to be forged or counterfeited, he, she, or they, shall be guilty of a felony; and on conviction thereof, shall be imprisoned in the Penitentiary of this State, for a term of years not less than five nor more than ten, in the discretion of the Court before whom the conviction takes place.

Property pledged for redemption of notes issued.

34. SEC. V. The property of the City Council of Augusta, both real and personal, shall be liable for the redemption of said notes; and a lien is hereby created upon such property for the redemption of any notes issued under the provisions of this Act: Which lien shall not be impaired or defeated by any transfer of such property after the passage of this Act.*

*See Notes to Act No. 6.

SEC. VI. Repeals conflicting laws.

Assented to November 26th, 1861. (No. 17.) An Act to authorize the Superintendent of the Western & Atlantic Rail Road of this State, to issue change Bills, and for other purposes.

Supt. W & A. R. R. authorized to issue change bills.

Not to exceed $200,000 in amount

35. SEC. I. The General Assembly of Georgia do enact as follows: That the Superintendent of the Western & Atlantic Railroad of this State, be and he is hereby authorized to issue and put in circulation, change bills of the denomination of one dollar, fifty cents, twenty-five cents, ten cents, and five cents, the aggregate amount of which shall not exceed the sum of two hundred thousand dollars; which change bills shall be signed by the said Superintendent and countersigned by the Treasurer of said Road; Provided, that the amount of said change bills of the denomination of one dollar, shall not exceed the sum of fifteen thousand dollars.

How redeemed.

Property of Road and faith of State pledged for their redemption.

36. SEC. II. Said change bills shall be redeemed by said Treasurer in current bank notes, whenever presented in sums of five dollars or upwards; and for the ultimate redemption of the change bills which may be issued as aforesaid, the said Western & Atlantic Railroad, its fixtures, property and revenues, together with the faith of the State, are hereby pledged.

To be issued on Bank paper if it can be procured.

37. SEC. III. And be it further enacted, That the Bills so issued, shall be upon such paper as is now used by the banks of this State, or the best paper that can be procured.

Such change bills receivable for iaxes and all dues to State or to the W & A R Road.

38. SEC. IV. All change bills issued under the provisions of this Act, shall be, and are hereby made receivable in payment of taxes, and all other dues to the State, as well as dues to said Western & Atlantic Railroad.

Penalty for counterfeiting the bills, &c.

39. SEC. V. Any person who shall alter, or counterfeit any change bill issued as aforesaid, or shall knowingly pass, or utter any change bill so altered or counterfeited as aforesaid, shall be guilty of a felony; and on indictment and on conviction thereof, the offender shall be punished by confinement and labor in the Penitentiary of this State, for a time not less than two, nor longer than ten years, at the discretion of the Court.

Penalty for violation of any part of of this act.

Proviso.

40. SEC. VI. And be it further enacted, That for a violation of any part of this Act, the person or persons violating the same, shall be guilty of a felony; and on conviction shall be imprisoned in the Penitentiary for a term not less than two, nor more than ten years; Provided, it shall not be a violation of the provisions of this Act, for the Agent, or Superintendent, or Treasurer, to furnish at his discretion, change bills for current bank bills, when it is desired for change.

All such bills to be registered.

41. SEC. VII. The said Superintendent shall have a register kept of all change bills issued under this Act; which register shall contain the number and amount of each change bill issued; and shall at all times be subject to the inspection of the Governor, or any committee of either branch of the Legislature.

Authority to issue bills under this act to cease on resumption of specie paym't by the Banks of this State.

42. SEC. VIII. Be it further enacted, Provided, the authority to issue change Bills under this Act, shall cease and determine, so soon as the payment of specie shall be assumed [resumed?] by the Banks of this State.

Supt shall furnish $500 in such change bills for current bank bills when demanded by any Co. Treas. of this State.

43. SEC. IX. Be it further enacted, That the Superintendent of the Western & Atlantic Railroad, be required, on demand, to furnish to the Treasurer of each county in the State, as much as five hundred dollars of change bills, in exchange for current Bank bills.*

* See Notes to Act No. 6.

SEC. X. Repeals conflicting laws.

Asseeted to December 17, 1861. Supreme Court Decisions.—The charter of a Bank. granted by an act of the General Assembly of Georgia, is a public act, and Courts must take judicial cognizance of it, in all cases, without having been specially given in evidence. 31. Ga. Repts. 69.Where a clause in a bank charter authorizes the joining in one action of all parties to a note or bill given to be negotiated, or actually negitiated in that bank, such joinder is proper.—Ibid.Such a clause in a bank charter is not unconstitutional because not expressly recited in the title of the Act of incorporation.—Ibid.By the 9th. Sec. of the charter of the Planters' and Mechanics' Bank of Dalton, it is declared that “the bills obligatory and of credit, notes and other contracts whatever, in behalf of said corporation, shall be binding upon the said company, provided the same be signed by the President and countersigned by the Cashier of said corporation; and the funds of said corporation shall be in no case liable for any contract or engagement whatever, unless the same be signed and countersigned as aforesaid:” Held, that bank bills signed by a Vice-President and countersigned by an Assistant Cashier, there being a regular President and Cashier in office at the time, discharging their respective duties, are not binding on the corporation. 31. Ga. Repts. 371. TITLE V. CODE OF GEORGIA.

Section 1. Code not to go into effect till 1st January, 1863. Section 2. Each member of General Assembly to be furnished with a copy.

(No 18.) An Act to amend an Act to approve, adopt, and make of force, in the State of Georgia, a revised Code of Laws, prepared under the direction and by authority of the General Assembly thereof, and for other purposes therewith connected, assented to December 19, 1860.*

* For this Act, see Acts of 1860, p. 24.

Code not to go into effect till 1st Jan 1863.

1. SECTION I. The General Assembly do enact, That the provisions of the aforesaid Act be, and the same are hereby so amended that the said revised Code of Laws shall go into operation the 1st day of January, 1863, and not before.

Each member of the General Assembly to be furnished with a copy.

2. SEC. II. Be it further enacted, That so soon as said Code has been properly published and indexed, the Governor is authorized and instructed to take the necessary steps to furnish each member of the present General Assembly with a copy, to the end that he may examine and prepare to decide upon the merits of the same, previous to the next meeting of the Legislature.

Assented to 16th December, 1861. TITLE VI. COUNTY OFFICERS.

Sec. 1. Offices of Receiver of Tax Returns and Tax Collector, consolidated. Sec. 2. Bonds to be given by the Tax Receiver and Collector, same as those heretofore given by Tax Collectors. Sec. 3. When the Tax Receiver and Collector resigns, or dies, after performing a part of his duties, compensation shall be allowed for the work done.

(No. 19.) An Act to Consolidate the Offices of Receiver of Tax Returns and of Tax Collector in this State, and to require the duties thereof to be discharged by one Officer, to be styled Tax Receiver and Collector.

Offices of Receiver of Tax Returns and Tax Collector, consolidated.

1. SECTION I. The General Assembly of Georgia do enact as follows, to-wit: From and after the passing of this Act, the offices of Receiver of Tax Returns and the Collector of Taxes, in the several counties of this State, be, and the same are hereby consolidated; and the duties thereof, shall be discharged by one officer, to be styled Tax Receiver and Collector; who shall receive therefor the compensation now allowed by law to the Collector: Provided, no Collector shall receive more than fifteen hundred dollars.

SEC. II Repeals conflicting laws.

Assented to November 30th, 1861. (No. 20.) An Act to prescribe the Bond of Tax Receiver and Collector, and for other purposes.

Bonds to be given by Tax Receiver and Collector same as those heretofore required of Tax Collector.

2. SEC. I. The General Assembly of Georgia do enact, That the bonds*

*For existing statutes relative to bonds of Tax Collectors, see T. R. R. Cobb's New Digest, pp. 1046, 1056, 1065. See also Acts of 1860, p. 30.

to be required of the Tax Receiver and Collector, shall be those heretofore required of the Tax Collector; and that the laws heretofore enacted in reference to the bonds of Tax Collectors, shall apply to the bonds to be given by the Tax Receiver and Collector.

When the Tax Receiver and Collector dies, or resigns, having performed a part of his duties, compensation shall be allowed for the part performed.

3. SEC. II. Be it further enacted, That whenever the Tax Receiver and Collector shall resign, after having discharged any portion of his duties, he shall receive compensation in proportion to the labor performed; and in case of the death of the said Tax Receiver and Collector, after having performed a part of his duties, his representatives shall be entitled to receive compensation in proportion to the labor performed—to be determined by the Comptroller General.

Assented to December 16, 1861. TITLE VII. COUNTY REGULATIONS.

SEC. I. Justices of Inferior Courts may issue County Bonds. In Co. of Burke only on recommendation of Grand Jury, and for certain purposes. SEC. I. In county of Decatur such Bonds may be issued only to raise means to equip soldiers and to support families of needy soldiers in service.

(No. 21.) An Act to authorize the Justices of the Inferior Court of the Counties of Floyd, Bartow,* Chattooga, Decatur, Cobb, and Burke, and any other Counties of this State, to issue Bonds, and borrow money, in certain cases.

* Formerly Cass.

Justices of Inferior C'ts may issue co. bonds.

In County of Burke only on recommendation of Gr. Jury, and for certain purposes.

1. SECTION I. The General Assembly of Georgia do enact, That the Justices of the Inferior Court, or a majority of them, of each of the above named counties, or any other counties of this State, are hereby authorized to issue Bonds of the county, and borrow money, for the purpose of raising means to equip volunteers and support the families of indigent volunteers, who are absent in the army, or who may have been killed, or died in the service, or who may have been wounded or disabled in the service, and for any other county purposes; (so far as relates to the county of Burke, as the Grand Jury of said county of Burke may, from time to time, recommend.)

In Decatur co such bonds to be issued solely to raise means to equip soldiers and support families of needy soldiers in service

2. SEC. II. The General Assembly do further enact, That the Justices of the Inferior Courts of Decatur county be, and they are hereby authorized, to raise money from the sale of County Bonds, to meet present emergencies in equiping and supporting soldiers from said county, and to provide means for the support of the needy families of soldiers in service: this Act to continue in force until peace is declared.

SEC. III. Repeals conflicting laws.

Assented to December 17, 1861. TITLE VIII. ELECTIONS.

SEC. I. Act of Dec. 17, 1859, made applicable to election of Senators in Congress of Confederate States. SEC. 2. Volunteers in service allowed to vote in certain elections. SEC. 3. Mode of holding such elections and making returns thereof.

(No. 22.) An Act to amend An Act, approved December 17, 1859,* entitled “An Act to prescribe the time of holding Elections for Senators in the Congress of the United States, from the State of Georgia.

* See Acts of 1859. p. 31.

Act of 17 Dec. 1859 made applicable to election of Confederate States' Senators.

1. SECTION I. Be it enacted by the General Assembly of Georgia, That the above mentioned Act be so amended as to apply, in all its provisions, to the Confederate States of America, instead of the United States.

SEC. II. Repeals conflicting laws.

Assented to December 5, 1861. (No. 23.) An Act to authorize all Volunteers and other Troops in the service from this State, to vote at all Elections, without reference to the place where they may be in service at the time of such Elections, and for other purposes.

Volunteers allowed to vote in certain elections.

2. SECTION I. The General Assembly enacts, That all volunteers and other troops, citizens of this State, who are now, by law, entitled to vote, or who may at the time of such election, be entitled to vote at any election in this State, except such elections as are not returnable to the Executive Department, be and they are hereby entitled to assemble at such place as they may be stationed at, or in service, and cast their votes as though they were in their proper counties, at such elections.

Mode of holding such elections and making Returns thereof.

3. SEC. II. That at said elections it shall be lawful for any two commissioned officers of the company, battalion, or regiment, to preside and hold said elections, under the same rules and regulations that are now prescribed by law for the holding such elections, and make returns of the same as though the said election had been held in the county of the residence of the voters respectively—sending one copy of the list of voters and one copy of the tally-sheet to the Clerk of the Superior Court of the county where the persons voting reside, and one copy each to the Executive Department; and all elections thus held shall be accounted good and valid: Provided, the returns thereof shall reach the Executive Department within fifteen days after the day of elections.

SEC. III. Repeals conflicting laws.

Assented to 14th December, 1861. TITLE IX. EXECUTORS, ADMINISTRATORS, TRUSTEES AND GUARDIANS.

SEC. I. Exrs,, Admrs., Trustees and Guardians may invest trust funds in Bonds of Confederate States, by order of Judge of Supr. Court. SEC. 2. New assigness and Trustees may be appointed in certain cases. SEC. 3. Ordinaries may require new or sufficient bonds of Guardians and Administrators where, old bonds are insufficient.

(No. 24) An Act to authorize Guardians, Trustees, Executors and Administrators to invest in Confederate States Bonds, and in land and negroes.

Exrs., Admrs Trustees and Guardians may invest trust funds in Confederate States' bonds.

1. SECTION I. The General Assembly of the State of Georgia do enact, That Guardians, Trustees, Executors and Administrators, are hereby authorized to invest any funds held by them, as such Guardians, Trustees, Executors and Administrators, in the Bonds issued by the Confederate States of America, or in lands and negroes; Provided, that an order to that effect be first obtained from the Judge of the Superior Court, who is hereby authorized to consider and pass such applications, either in term time or vacation.

SEC. II. Repeals conflicting laws.

Assented to December 16, 1861. (No. 25.) An Act to provide for the appointment of new Assignees and Trustees in certain cases.

New assignees and trustees may be appointed in certain cases.

2. SECTION I. Be it enacted, That in all cases of assignments for the benefit of creditors, heretofore or hereafter made, and in all cases of any trust, where the sole or surviving Trustee or Assignee shall have departed this life, or removed beyond the jurisdiction of the Courts of this State, the Superior Courts of the several counties in this State, shall have full power and authority, when sitting, either as a Court of law or equity, upon the petition of two or more of the parties interested in such assignment or trust, and on such notice as the Court shall direct, in a summary manner, to appoint a new Trustee or Trustees, in the place and stead of such deceased or non-resident Trustee; and such new Trustee shall have all the authority, and be subject to all the pains and penalties of such deceased or non-resident Trustee or Assignee; and all laws or enactments shall be as applicable, and in as full force, in respect to the new, as the old Assignee or Trustee; and said Court, being hereby authorized, in his discretien, to require bond and security of such Assignee or Trustee.

SEC. II. Repeals conflicting laws.