Acts of the General Assembly of the State of Georgia
Passed in Milledgeville at an Annual Session in November and December, 1863;
Also Extra Session of 1864:
Electronic Edition.
Georgia.
Funding from the Institute of Museum and Library
Services
supported the electronic publication of this title.
Text scanned (OCR) by
Christie Mawhinney
Images scanned by
Christie Mawhinney
Text encoded by
Christie Mawhinney, Jill Kuhn and Natalia Smith
First edition, 1999
ca. 580K
Academic Affairs Library, UNC-CH
University of North Carolina at Chapel Hill,
1999.
© This work is the property of the University of North Carolina at Chapel Hill. It may be used freely by individuals for research, teaching and personal use as long as this statement of availability is included in the text.
Call number 1523 Conf. (Rare Book Collection, UNC-CH)
The electronic edition is a part of the UNC-CH
digitization project, Documenting the American South.
All marginal notes are placed before the relevant paragraph or section of the text.
All footnotes are moved to the end of section in which the reference occurs.
Any hyphens occurring in line breaks have been
removed, and the trailing part of a word has been joined to
the preceding line.
All quotation marks, em dashes and ampersand have been transcribed as
entity references.
All double right and left quotation marks are encoded as " and "
respectively.
All single right and left quotation marks are encoded as ' and ' respectively.
All em dashes are encoded as --
Indentation in lines has not been preserved.
Running titles have not been preserved.
Spell-check and verification made against printed text using Author/Editor (SoftQuad) and Microsoft Word spell check programs.
LC Subject Headings:
- Law -- Georgia.
- Session laws -- Georgia.
- Legislation -- Georgia.
- Georgia -- Politics and government -- 1861-1865.
- Georgia -- History -- Civil War, 1861-1865.
- 2000-06-12,
Celine Noel and Wanda Gunther
revised TEIHeader and created catalog record for the electronic edition.
-
1999-10-15,
Jill Kuhn and Natalia Smith
finished TEI-conformant encoding and final proofing.
-
1999-10-11,
Christie Mawhinney
finished TEI/SGML encoding
- 1999-9-22,
Christie Mawhinney
finished scanning (OCR) and proofing.
LAWS OF GEORGIA,
PASSED IN
NOVEMBER AND DECEMBER, 1863,
AND
MARCH, 1864.
Page 1
ACTS
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
PASSED IN
MILLEDGEVILLE,
AT AN
ANNUAL SESSION
IN
NOVEMBER AND DECEMBER, 1863;
ALSO,
EXTRA SESSION OF 1864.
PUBLISHED BY AUTHORITY
MILLEDGEVILLE
BOUGHTON, NISBET, BARNES & MOORE, STATE PRINTERS.
1864.
Page 3
TABLE OF TITLES, DIVISIONS, &c.
- TITLE I.--APPROPRIATIONS.
- TITLE II.--ASYLUMS.
- TITLE III.--BANKS AND BANKING[.]
- TITLE IV.--COUNTY OFFICERS.
- TITLE V.--DISTILLATION.
- TITLE VI.--EDUCATION.
- TITLE VII.--ELECTIONS.
- TITLE VIII.--EX'RS, ADM'RS, GUARDIANS AND TRUSTEES.
- TITLE IX.--GENERAL ASSEMBLY.
- TITLE X.--INSURANCE COMPANIES.
- TITLE XI.--JUDICIARY--AMENDMENTS TO CODE.
- TITLE XII.--MILITIA.
- TITLE XIII.--OATHS.
- TITLE XIV.--PAUPERS.
- TITLE XV.--PENAL CODE.
- TITLE VI.--RAILROADS.
- TITLE XVII.--RELIEF.
- TITLE XVIII.--SOLDIERS AND SOLDIERS' FAMILIES.
- TITLE XIX.--STATE HOUSE OFFICERS--CLERKS, SALARIES, &c.
- TITLE XX.--TAXES AND REVENUE.
PART I.
PUBLIC LAWS
- TITLE I.--CITIES AND TOWNS.
- TITLE II.--CITY COURTS.
- TITLE III.--CORPORATIONS.
- TITLE IV.--COUNTY LINES.
- TITLE V.--COUNTY REGULATIONS.
- TITLE VI.--EDUCATION.
- TITLE VII.--RELIEF.
- TITLE VIII.--TAXES.
PART II
PRIVATE AND LOCAL LAWS.
Page 5
STATUTES OF GEORGIA
PASSED BY THE
GENERAL ASSEMBLY OF 1863.
PART I.--PUBLIC LAWS
TITLE I.
APPROPRIATIONS.
Sec. 1. Salaries of Governor, Secretary of
State, Treasurer, Comptroller General,
Secretaries of Executive Department,
Messenger, Librarian, Attorney and
Solicitors General, and Reporter of
Supreme Court. Extra pay to Clerk
of Supreme Court for stationery and
advertising. Salaries of Judges of
the Supreme Court and of the Superior
Courts. Sec. 2. Contingent Fund. Printing Fund--
Pay for cleaning and airing Rep. Hall
and Senate Chamber. State House
Clock. Sec. 3. Pay of President of Senate and Speaker
of House. Per diem and mileage
of members of General Assembly. Sec. 4. Pay of Secretary of Senate and Clerk of
House of Representatives. Contingent
expenses of same officers. Pay
Clerks of standing committees in each
branch. Sec. 5. Pay of Doorkeepers and Messengers.
Attending to chandeliers. Sec. 6. Authorizing payment for services and
labor directed by General Assembly,
and no appropriations made. Sec. 7. Appropriations for salaries to continue,
till salaries changed by law. Sec. 8. Advances to salaried officers. Sec. 9. Georgia Relief and Hospital Association. Sec. 10. Purchase of clothing, shoes, &c., of
soldiers from Ga. Sec. 11. Support of indigent widows and orphans
of soldiers, and ludigent soldiers themselves,
and mode of providing means. Sec. 12. Salt supply, &c. For purchase and
manufacture of cards. Sec. 13. Payment of public debt, &c. Sec. 14. Salary Superintendent Ga. Military Institute. Sec. 15. Military Fund. Sec. 16. Pay of guard at State Magazine and
Military Storekeeper. Sec. 17. Pay Recording Clerk Ex. Dep't. Sec. 18. Pay Page House Reps. Per diem and
mileage to Wm. Herrington, deceased,
Rep. from Terrell county. Sec. 19. To reimburse Messrs. Warren and Graham
for expenses in accompanying
remains of Mr. Herrington. Sec. 20. Advance to Public Printer. Sec. 21. Henningsen Hospital, Richmond, Va. Sec. 22. Gov. authorized to import military supplies,
export cotton, purchase steamer,
&c. Sec. 23. Stationery for Ex. Dep't. Sec. 24. Extra allowance to Doorkeepers House
and Senate. Sec. 25. To Hon. Richard Clark for services in
preparing Code. Sec. 26. Expenses of Committee to Academy for
Blind. Sec. 27. To Rev. Sam'l Higgins for Fast Day
sermon. Secretary of State for fuel,
lights and other contingencies. Sec. 28. Support of State Lunatic Asylum. Sec. 29. To Rev. Jos. J. Ridley, for services as
chaplain. Sec. 30. For purchase of forges, hammers and
gudeons. Sec. 31. To J. S. Walker and R. B. Knight, for
services to Conference Committee on
Militia Bill. Sec. 32. Pay of Compiler of laws. To committee
for preparing Great Seal.
(No 1.)
An Act to provide for raising a revenue for the political year 1864, and to appropriate money for the support of the Government during said year, and to make certain special appropriations, and for other purposes therein mentioned.
Salary of Governor.
Secretary of State, Treasurer and Comptroller General.
Secretaries of Executive Department, not exceeding two.
Messenger.
State Librarian.
Attorney and Solicitors General.
Reporter of Supreme C't.
Clerk of the Supreme C't for stationery and advertising.
Judges of Supreme Court.
Judges of Superior Court.
1. SECTION I. Be it enacted by the General Assembly of Georgia, That the following sums of money be, and the same are hereby
Page 6
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 1864; and the further sum of three thousand dollars, each, to the Secretary of State and Treasurer, and the sum of three thousand dollars to the Comptroller General, for the year 1864; and the sum of two thousand five hundred dollars, each, to the Secretaries (not exceeding two) employed in the Executive Department, for the year 1864; and the sum of six hundred dollars to pay the Messenger of the Executive Department for the year 1864; and the sum of one thousand dollars to the State Librarian, as his salary for the year 1864; . and the sum of two hundred and twenty-five dollars to each, the State's Attorney and the Solicitors General, for the year 1864; and the sum of one thousand dollars to the Reporter of the decisions of the Supreme Court, as his salary for the year 1864; and the further sum of six hundred dollars be, and the same is hereby appropriated to pay the Clerk of the Supreme Court for the Correction of Errors, for stationery and advertising notices of the meeting of said Court in the year 1864; and the sum of thirty-five hundred dollars to each Judge of the Supreme Court, as his salary for the year 1864; and the sum of twenty-five hundred dollars to each Judge of the Superior Court, as his salary for the year 1864.
Contingent fund.
Printing fund for current year.
Cleaning and airing Rep. Hall and Senate Chamber.
State House clock.
Pay for State House guard.
2. SEC. II. Be it further enacted, That the sum of fifty thousand dollars be, and the same is hereby appropriated as a contingent fund for the year 1864; and the sum of thirty thousand dollars be appropriated for a printing fund for the current year, and in case of a deficiency in this appropriation, the Governor is hereby authorized to draw his warrant on the Treasury for the deficit, to be paid out of any money in the Treasury not otherwise appropriated; and the sum of seventy-five dollars to the person selected by the Governor to keep, clean, scour, air the chambers, &c., of the Senate Chamber and Representative Hall, for the year 1864; and the sum of fifty dollars, or so much thereof as may be necessary, to pay for repairing and keeping in order the State House clock, for the year 1864; and the sum of twenty-four hundred dollars to pay the State House Guard for the year 1864.
Pay of President of the Senate and Speaker of the House.
Mileage.
Per diem of members.
Mileage.
Proviso.
3. SEC. III. Be it further enacted, That the sum of ten 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 five 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 traveled; and that the sum of six dollars, each, per day be paid to the members of the General Assembly, during the present session, and five dollars for every twenty miles of travel, going to and returning from the Capitol, under the same rules which apply to the President of the Senate and Speaker of the House of Representatives; provided, that no member of the General Assembly shall receive pay for the time he may be absent, unless his absence
Page 7
was caused by the sickness of himself or family, or he had leave of absence granted by the Senate or House for satisfactory reasons.
Pay of Secretary of Senate.
Clerk of the House.
Proviso.
Contingent expenses of the Secretary of Sonate and Clerk of the House.
Pay of Clerks of standing committees in each branch.
Proviso.
4. SEC. IV. Be it further enacted, That the Secretary of the Senate be paid the sum of eighty-seven dollaas and fifty cents per day for the present session, and the Clerk of the House of Representatives be paid one hundred dollars per day for the present session, out of which sums they shall pay all their assistants and sub-clerks; provided, that no warrant shall issue in favor of either until his Excellency the Governor shall have satisfactory evidence that they have carefully marked and filed away all reports of standing committees and all papers of importance connected with either house; and the sum of seventy-five 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 General Assembly; and that the sum of ten dollars per diem be appropriated to pay the Clerks of the standing committees of the Senate and House of Representatives; provided, that the Auditing Committee of either the Senate or House shall not be authorized to audit said Clerks' accounts for any greater number of days than shall be certified to by the Chairman of the Committee to which he was clerk.
Pay of Doorkeepers and Messengers.
Mileage.
Cleaning and lighting chandaliers.
5. SEC. Be it further enacted, That the sum of six dollars per day be paid to each of the Doorkeepers and Messengers of the Senate and House of Representatives, at the present session of the General Assembly, and the same mileage to each of said Doorkeepers and Messengers as is paid to the members of the General Assembly; and that the sum of fifty dollars, or so much thereof as may be necessary, is hereby appropriated for cleaning, lighting and keeping in order the chandaliers of the Senate Chamber and Representative Hall, during the present session of the General Assembly.
Pay provided for all cases where labor or service is directed and no compensation provided.
6. SEC. VI. Be it further enacted, That in all cases where the General Assembly directs the performance of any service or labor for which no provision is made for compensation, 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.
Appropriations for salaries continued till changed by law.
7. SEC. VII. Be it further enacted, That the various sums of the annul 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.
Advances by Treasurer to salaried officers.
8. SEC. VIII. 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
Page 8
offsets to the extent of said payment, to executive warrants, drawn at the end of the quarter for said officer's salary.
Appropriation for Georgia Relief & Hospital Association.
9. SEC. IX. Be it further enacted, That the sum of five 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, entitled "An Act to appropriate funds to the uses of the Georgia Relief and Hospital Association", assented to Dec'r 12th, 1862.
Appropriation for purchaeef clothing, shoes, &c for soldiers from Ga.
10. SEC. X. Be it further enacted, That the sum of two millions five hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the purchasing and procuring clothing, shoes, caps or hats, for all the privates and non-commissioned officers, who are now or may hereafter be in the army of the Confederate States, from this State, during the present war.
For support of indigent widows and orphans of soldiers in service, as well as foi indigent fami ies of soldiers and indigent soldiers themselves, if disabled in service.
Gov. Authorized to borrow money or issue six per c'nt bonds under certain conditions.
11. SEC. XI. Be it further enacted, That the sum of six millions of dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated for the support of indigent widows and orphans of soldiers, and indigent families of soldiers, who may be in the public service, and for the support of indigent soldiers, Who may be disabled by wounds or disease, in the service of this State or the Confederate States, for and during the year 1864, and if necessary, His Excellency the Governor, is hereby authorized to borrow the money or to issue State bonds bearing no greater interest than six per cent, which bonds shall be sold in the market to the highest bidder, in an amount sufficient for said purpose, and in such sums as may be needed from time to time to effect the object of said appropriation.
Procuring supply of salt.
For the purchase & manufacture of cards and clothing for factories.
12. SEC. XII. Be it further enacted, That the sum of five hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated, to be used for the purpose of supplying the people of Georgia with salt, as directed by an act entitled an act to provide for the supply of the people of Georgia with salt, and to appropriate money for the accomplishment of that object, assented to Dec 6th, 1862; and that the sum of two hundred thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of any funds in the Treasury not otherwise appropriated, for the purpose of purchasing cards, and procuring the necessary materials for carrying on the work of manufacturing wool and cotton cards, and card clothing for factories.
For payment of public debt, &c.
13. SEC. XIII. Be it further enacted, That the sum of one million seven thousand and ninety-five dollars, or so much thereof as may be necessary, 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 State bonds, as may be issued by authority of any law, passed during the present session of the General Assembly, the same to be paid out of any money in the Treasury, not otherwise appropriated.
Salary of Sup. Ga. Mil. Institute
14. SEC. XIV. Be it further enacted, That the sum of three thousand
Page 9
dollars is hereby appropriated to pay the salary of the Superintendent of the Georgia Military Institute, at Marietta.
Military fund for 1864.
15. SEC. XV. Be it further enacted, That the sum of three millions of dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated as a Military fund for the year 1864, to be drawn from the Treasury on warrants of the Governor, from time to time as the same may be required, to defray the expenses for Military purposes.
Pay of guard at State Magazine at Milledgeville.
Military Storekeeper.
16. SEC. XVI. Be it further enacted, That the sum of eight hundred dollars, or so much thereof as may be necessary, is hereby appropriated, to pay for the guard at the State Magazine, at Milledgeville, for the year 1864; and the sum of nine hundred dollars to pay the Military store keeper in the city of Milledgeville.
Pay for Recording Clerk Ex. Dep't for 1864.
17. SEC. XVII. Be it further enacted, That the sum of twenty-five hundred dollars be, and the same is hereby appropriated, to pay the recording Clerk of the Executive Department, for the year 1864.
Page for House of Reps.
To Hon. Wm Herrington, Rep. From Terrell Co., for per diem and mileage.
18. SEC. XVIII. And be it further enacted, That the sum of one hundred and fifty dollars be, and the same is hereby appropriated to pay. Iverson L. Hunter for his services as page of this House for the present session of the General Assembly. And that the sum of three hundred and seven dollars and fifty cents be appropriated to pay the per diem and mileage of the Hon. William Herrington deeceased, Representative from Terrell county, and that K. J. Warren be authorized to receive the same and pay it over to his representatives.
To reimburse Mr. Warren and Graham for expenses in accompanying home remains of Hon. Wm. Herrington.
19. SEC. XIX. Be it further enacted, That thesum of thirty-five dollars each, be appropriated to reimburse Hons. Mr. Warren of Lee, and Mr. Graham of Clay, for expenses incurred in accompanying the remains of the Hon. Mr. Herrington to his residence.
Advance to Public Printer.
20. SEC. XX. Be it further enacted, That the sum of three thousand dollars be, and the same is hereby appropriated as an advance to Messrs. Boughton, Nisbet and Barnes, on the State printing for the year 1863, and that the Treasurer be, and he is hereby authorized to pay the same to said State Printers, on the warrant of his Excellency the Governor, of this State.
For Henningsen Hospital in Richmond, Va., to be drawn by Mrs. W. A. Henningsen.
21. SEC. XXI. Be it further enacted, That the sum of five thousand dollars be appropriated for the use and benefit of the Henningsen Hospital, at Richmond Va.; and the Governor is authorized and required to draw his warrant on the Treasury in favor of Mrs. W. A. Henningsen for said sum of five thousand dollars.
Governor authorized to import military supplies.
Also, to export cotton & other commodities for purpose of exchange and to purchase a steamer if necessary.
Gov. authorized to purchase and sell or hypothecate cotton or 6 per cent. bonds to purchase steamer.
Proviso.
22. SEC XXII. Be it further enacted, That the Governor be and he is hereby authorized to import any of the Military supplies necessary to be purchased for the use of our troops, under any of the provisions of this Act; and to use all the means and take all the risks necessary to accomplish this object, and if necessary, in his opinion, he is authorized to purchase one good swift steamer, to be used in running the blockade, for the purposes aforesaid, to export cotton or other commodities, to be used in place of exchange, in the purchase of the necessary supplies. For the purpose of purchasing
Page 10
such steamer the Governor is authorized to purchase and sell or hypothicate cotton, or to issue and sell or hypothicate bonds of this State, bearing six percent interest, payable semi-annually, the principal payable twenty years after this date; Provided, that the sum expended for each purchase shall not exceed seven hundred and fifty thousand dollars, which sum is hereby appropriated for that purpose.
For the purchase of stationery for Ex. Dept.
23. SEC. XXIII. Be it further enacted, That the sum of eighteen thousand dollars be, and the same is hereby appropriated, for the purchase of stationery for the use of the Executive Department.
Extra allowance to Doorkeepers and House and Senate.
24 SEC. XXIV. Be it further enacted, That the sum of one hundred dollars be appropriated to each, the Door Keeper of the House of Representatives, and the Door Keeper of the Senate, to pay for negro hire necessary to discharge the duties of their respective offices, the present session of the General Assembly.
To Hon. Richard Clark for services in superintending printing and preparing index for Code.
25. SEC. XXV. Be it further enacted, That the sum of three hundred dollars be, and the same is hereby appropriated to Richard Clark for his services in superintending the printing of the Code of Georgia, and preparing an index to the same.
To defray expenses of Committee visiting Academy for the Blind.
26. SEC. XXVI. Be it further enacted, That the sum of two hundred and thirty-one dollars be, and the same is hereby appropriated to defray the expenses incurred by the Committee who visited the Asylum for the Blind, at Macon, during the present session of the General Assembly.
To Rev. Samuel Higgins for sermon on Fast Day.
To Sec'y of State for fuel, lights and other contingencies provided by him for General Assembly.
27. SEC. XXVII. Be it further enacted, That the sum of two hundred dollars be, and the same is hereby appropriated to Dr. Samuel Higgins, for his services, and payment of expenses in attending and preaching a sermon, by invitation of the General Assembly, on the late Fast Day, and the Governor is authorized to draw his warrant for the same on the Treasury, in favor of said Dr. Samuel Higgins; and the farther sum of four thousand eight hundred and twenty-five dollars and twenty-five cents be, and the same is hereby appropriated to the Secretary of State, to pay for fuel, lights, and other contingencies provided by him for the General Assembly, as per account tendered the Finance committee, to be drawn on the warrants of the Governor, and paid out of any money in the Treasury, not otherwise appropriated.
For support of State Lunatic Asylum for 1864.
28. SEC. XXVIII. Be it further enacted, That the sum of one and forty-two thousand five hundred dollars be, and the same is hereby appropriated to and for the support of the State Lunatic Asylum, for the year 1864, according to the provisions of an Act passed at the present session of the General Assembly, to appropriate money for the support of the State Lunatic Asylum for the year 1864.
For services of Rev. Jos. J. Ridley as Chaplain of Senate.
29. SEC. XXIX. Be it further enacted, That the sum of two hundred dollars be, and the same is hereby appropriated to pay the Rev. Dr. Joseph J. Ridley for his services as Chaplain to the Senate during its present session, to be paid out of the contingent fund.
To purchase forge hammers and gudgeons.
30. SEC. XXX. Be it further enacted, That the sum of twenty-five
Page 11
thousand dollars, or as much thereof as may be necessary, is hereby appropriated, to have cast twenty sets of forge hammers and gudgeons, which may be sold to persons at cost.
Pay to J.S. Walker and R.B. Knight, for services to conference committee on militia bill.
31. SEC. XXXI. Be it further enacted, That the sum of fifty dollars each, be paid to James S. Walker and R. B. Knight, for services rendered the conference committee upon the bill to reorganize the Militia, in copying said bill, and making out two reports for the committee.
Pay to Compiler of the laws of session of 1863.
To Hon. G. N. Lester and others for services in preparing new Great Seal for the State.
Gov. to audit the accounts for preparing seal.
32. SEC. XXXII. Be it further enacted, That the sum of five hundred dollars is hereby appropriated to pay the Compiler of the laws of this session of the Legislature; and that the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated, to pay George N. Lester, B. H. Bigham, N. C. Barnett, and S. S. Stafford, commissioners to prepare a new great seal for the State of Georgia, for services, and to reimburse them such funds as they, or either of them may have paid out for the accomplishment of the said work. The Governor is hereby authorized to audit the accounts therefor, and to pay so much of said accounts as he may find just, from any fund in the Treasury, not otherwise appropriated.
Assented to Dec'r 14th, 1863.
TITLE II.
ASYLUMS.
(No. 2.)
Sec. 1. Salary of Superintendent Lunatic Asylum Sec. 2. Salaries of Trustees, other officers, and
hire of Servants. Sec. 3. Support of pauper patients. Sec. 4. Purchase of provisions. Sec. 5. Contingent appropriation. Sec. 6. Appropriations, how raised and disbursed. Sec. 7. $12,000, appropriated to Georgia Academy for the Blind.
An Act to appropriate money for the support of the State Lunatic Asylum for the year 1864, and for other purposes.
Salary of Superintendent.
1. SECTION I. The General Assembly of the State of Georgia do enact, That the sum of two thousand five hundred dollars be, and the same is hereby appropriated, to pay the salary of the Superintendent and resident Physician of the State Lunatic Asylum for the year 1864.
Salaries of Trustees, Treasurer, sub-officers, &c.
2. SEC. II. And the General Assembly do further enact, That from and immediately after the passage of this act, the sum of twenty thousand dollars be, and the same is hereby appropriated, to pay the salaries of Trustees, Treasurer, sub-officers, attendants, and servant's hire, for the said Asylum for the year 1864; Provided, such; amount be found necessary for said purposes.
Page 12
For support of pauper patients.
3. SEC. III. And the General Assembly do further enact, That the sum of fifty thousand dollars, or so much thereof, as may be necessary, is hereby appropriated, for the support of pauper patients in said Asylum, for the year 1864.
Appropriation to purchase provisions for ensuing year.
4. SEC. IV. And the General Assembly do further enact, That the sum of twenty thousand dollars be, and the same is hereby appropriated to supply the means of purchasing provisions in the fall of the year 1864, for the ensuing year.
Contingent appropriation for case of necessity.
5. SEC. V. And the General Assembly do further enact, That the sum of fifty thousand dollars, be and the same is hereby set apart and appropriated, as a contingent fund, upon which His Excellency the Governor is authorized to draw his warrant upon the Treasury, if the amount above appropriated for procuring supplies, should become exhausted, and his Excellency be satisfied of the necessity for farther aid.
How raised and disbursed.
6. SEC. VI. And the General Assembly do further enact, That the moneys hereinbefore appropriated, shall be raised and disbursed, in the manner and under the same limitations and restrictions as are prescribed in the fourth and fifth sections of an Act, entitled "An act to appropriate money for the support of the State Lunatic Asylum, for the year 1863, and for other purposes, assented to December 15th, 1862".
7. SEC. VII. All conflicting laws are hereby repealed.
Assented to Dec'r 12th, 1863.
(No. 3.)
An Act for the support of the Georgia Academy for the Blind.
$12,000 appropriated for Academy for Blind.
7. SECTION 1. The General Assembly of the State of Georgia, do enact, That the sum of twelve thousand dollars is hereby appropriated for the support of the Georgia Academy for the Blind, during the current political year, and that His Excellency the Governor is authorized to draw his warrant for the same, in favor of the Trustees of said Academy.
8. SEC. II. All conflicting laws are hereby repealed.
Assented to Dec'r 7th, 1863.
Page 13
TITLE III.
BANKS AND BANKING.
Sec. 1. Stay Law continued in force. Sec. 2. When goes into effect. Sec. 3. Georgia Treasury Notes may be cancelled
on certain conditions, and in
lieu certificates may issue. Sec. 4. Comptroller General shall register and
countersign certificates. Sec.5. How Treasury Notes when cancelled
to be disposed of. Treasurer and
Comptroller General shall state in
their reports amount of notes cancelled
and certificates issued. Sec. 6. Treasurer and Comptroller General
authorized to issue change bills.
Under what restrictions. Sec. 7. Authorized to employ Clerks. How
Clerks compensated. Sec. 8. For what purpose change bills to be
paid out. Sec. 9. Location of Bank of Whitfield changed
on certain conditions. Sec. 10. Name of Traders' and Importers' Bank
in Augusta changed. Sec. 11. The President and Directors of the
North Western Bank of the State of
Georgia authorized to carry on their
banking operations at Atlanta.
(No. 4.)
An Act to continue in force the fourth section of an act passed over the Governor's veto on the 30th day of November, 1860, entitled an act to provide against the forfeiture of the several bank charters of this State on account of non-specie payments for a given time, and for other purposes, passed in the year 1857, and to suspend the pains and penalties imposed upon the several banks and their officers in this State for non-payment of specie, and for other purposes; and also an act to add a proviso to the 4th section of an act entitled an act for the relief of the people and banks of this State, and for other purposes, passed on the 30th of November, 1860, and to add an additional section to said act, assented to December 20th, 1860.
Stay law continued in force.
1. SECTION I. The General Assembly of Georgia do enact, That the before recited part of an act, and also the before recited act, be, and the same are hereby re-enacted and continued in force until the first day of January, 1865.
When goes into effect.
2. Sec. II. Be it further enacted, That this act shall go into effect and be in force on and after the first day of December, 1863.
SEC. III. Repeals conflicting laws.
Assented to Dec. 1, 1863.
(No. 5.)
An Act to cancel certain portions of the Georgia Treasury Notes lately issued, by issuing Treasury Certificates of Deposite, and for other purposes.
Preamble.
WHEREAS, His Excellency the Governor, in his late annual message, represents that Bankers, Capitalists, and others holding Georgia Treasury Notes, desire to have the same cancelled by receiving
Page 14
in lieu of said notes, Treasury Certificates of Deposite, for larger amounts, binding the State to the same obligations contained in the face of said notes;
Georgia Treasury notes in sums not less than $5,000 may be cancelled and Treasury certificates issuen therefor.
3. SEC. I. Be it enacted by the General Assembly of Georgia, That upon the presentation to the State Treasurer, of five thousand dollars, or any larger amount, of Georgia Treasury Notes, by any holder, who may desire the same to be cancelled by the issue of Treasury Certificates of Deposite, it shall be the duty of the Treasurer to receive, and give Certificates of Deposite, in sums of not less than five thousand dollars for the same; said Treasury Certificates to be made payable in the same manner as is expressed on the face of the Treasury Notes thus cancelled.
Comptroller General shall register and countersign certificates.
4. SEC. II. Be it further enacted, That upon the issue of said Treasury Certificates, they shall be taken to the Comptroller General, who shall register and countersign the same; the registry shall contain the date of issue, the number and amount of each certificate issued.
How cancelled Treasury notes to be disposed of.
5. SEC. III.
Be it further enacted
, That upon said Treasury Notes
being thus taken up, each number shall be marked redeemed "by
Certificate" in the Registry Book in the Comptroller General's office,
and once in every two months the Treasurer and Comptroller
General shall in the presence of the Governor burn said notes thus
cancelled, and his Excellency will cause the proceedings to be entered
upon the minutes of the Executive Department, and the
Treasurer and Comptroller General are hereby directed in their
general reports to give the amount of Treasury Notes thus cancelled,
and the amount of Treasury Certificates thus issued:
Provisoes.
Provided, That the cancelling of these notes shall not be reported among the receipts and disbursements at the Treasury: Provided further, That the parties who hold said Treasury Notes shall pay all expenses of printing and carrying into effect the provisions of this Act.
SEC. IV. All conflicting laws are hereby repealed.
Assented to 14 Dec. 1863.
(No. 6.)
An Act to authorize the Treasurer and Comptroller General to issue one million of dollars of change bills.
Treasurer and Comp. Gen'l to issue change bills of this State.
Of what denomination.
For what amount.
Under what restrictions.
6. SEC. I. The General Assembly do enact, That the Treasurer and Comptroller General are hereby authorized and required, under the supervision of the Governor, to have prepared, issued, and put in circulation, change bills of this State, of the denomination of four three, two and one dollars, and of fifty cents, the aggregate amount of which shall not exceed one million of dollars; the said change bills to be issued in the terms of, and under the restrictions of the Act assented to Dec. 5th, 1862, entitled, "An Act to
Page 15
authorize the Treasurer and Comptroller General of this State, to issue change bills for the State of Georgia, under the supervision of His Excellency the Governor.
Tre-surer and Comp. Gen'l authorized to employ clerks[.]
Compensation for clerks[.]
7. SEC. II. Be it further enacted, That the Treasurer and Comptroller General, under the approval of the Governor, shall have power to employ such number of clerks or assistants as may be necessary, to issue said change bills at an early day, and that said clerks or assistants shall have such compensation for his or their services, as the Governor may deem just.
Change bills for what purposes paid out[.]
8. SEC. III. Be it further enacted, That the Treasurer be authorized to pay out said change bills from the Treasury, in payment of appropriations made by the General Asssembly.
SEC. IV. All conflicting laws are hereby repealed.
Assented to Dec. 14th, 1863.
(No. 7.)
An act to amend the Charter of the Bank of Whitfield Dalton Ga.
Location of the Bank of Whitfield changed.
Proviso.
9. SEC. I. Be it enacted &c., That the location of the Bank of Whitfield, be, and the same is hereby changed from Dalton Ga., to Atlanta Ga. Provided, That nothing in this Act shall be so construed, as to effect, alter, or impair any contract or contracts made with said Bank, or any liability incurred by said Bank.
SEC. II. Repeals conflicting laws.
Assented to Dec. 11th, 1863.
(No. 8)
An Act to amend an Act to charter and incorporate a Bank in the city of Augusta by the name and style of the Traders and Importers Bank.
Name of the Traders' and Importers' Bank of Augusta changed.
10. SEC. I. The General Assembly of the State of Georgia do enact, That the name of the Bank incorporated by the above recited Act, shall be from and after the passage of this Act, The Importers and Traders Bank.
Assented to Dec. 1st, 1863.
(No. 9.)
An Act for the relief of the President and Directors of the North Western bank.
Preamble.
11. SEC. I. Whereas, the invasion of the State of Georgia, by the Federal army renders it necessary that the assets of the North Western Bank of Georgia, should be removed from Ringgold,
Page 16
President and Directors of the N.W. Bank of the State of Ga. invested with banking privileges in Atlanta.
Therefore Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the President and Directors of the "North Western Bank of the State of Georgia," shall be invested with all the powers, rights and privileges of banking in the city of Atlanta Georgia, that it is secured to them in the charter granted on the fourth day of March eighteen hundred and fifty six, for the North Western Bank of the State of Georgia, located at Ringgold, in the county of Catoosa.
SEC.II. Repeals conflicting laws.
Assented to Nov. 23rd, 1863.
TITLE IV.
COUNTY OFFICERS.
Sec. 1. Repeals Act of 30th November 1861,
consolidating offices of Tax Receiver
and Collector. Proviso. Sec. 2. Tax Collector of Walker and other
counties similarly situated allowed
until the 1st day of March 1864, to
make final settlement with Comptroller
General. Sec. 3. When necessary, Governor authorized
to detail a Guard from any forces in
the service of Georgia for protection
of Tax Collectors in discharge of
their duty. In certain cases allowed
to summons Guard. Guard to receive
pay for their services. Amount
of pay. Sec. 4. Ordinaries allowed to charge and receive
certain fees in addition to those
now allowed by law. Fees. In certain
cases same fees as allowed
Clerks of the Superior Courts for
similar services. Sec. 5. When fees are increased by any act of
present General Assembly, the rate
of per centage of increase to obtain
on the fees allowed by this Act. Sec. 6. County Treasurers to hold their offices
for two years after Jan. 1st 1864. Sec. 7. Preamble. Act separating offices of
Receivers of Tax Returns and Tax
Collectors to go into operation 1st
day of January 1864. Sec. 8. Act to take effect and be of force from
the day of its passage.
(No. 10.)
An Act to repeal the Act assented to the 30th day of November, 1861, consolidating the offices of Receiver of Tax Returns and Tax Collector in this State.
Repeals act of 30th Nov. '61, consolidating offices of Tax Receiver and Collector.
Proviso.
1. SEC. I. Be it enacted by the General Assembly of Georgia, That the 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," assented to on the 30th day of November, 1861, be, and the same is hereby repealed: Provided, that no Receiver of Tax Returns or Tax Collector shall receive more than fifteen hundred dollars commissions on the general State Tax.
Assented to Nov. 30th, 1863.
Page 17
Tax Collector of Walker and other counties allowed to 1st March, 1864, to make final settlement with Comp. Gen'l. 2. SECTION I. The General Assembly of Georgia do enact, That
the time for the Tax-Collector of Walker county, and all other
counties similarly situated, to make his collections and final settlements
with the Comptroller General, be, and the same is hereby extended
to the 1st day of March, A. D. 1864. When necessary, Gov. authorized to detail a guard for protection of Tax Collector in discharge of duty[.] In certain cases allowed to summons guard. Shall receive pay for services. 3. SEC. II. Be it further enacted by the authority aforesaid, That
whenever it shall appear necessary for the protection of the Tax
Collector of said county, in the discharge of his duty, the Governor
be, and he is hereby authorized to detail all such officers and
men from any forces in the service of Georgia, as may be necessary,
to act as a guard for said officer, and in all such cases as may appear
eminently necessary to the said Tax-Collector, shall be authorized
to summons one or more men to act as guards during the continuance
of the danger. In which event, the parties, so acting,
shall receive the same pay as if in service in either of the Georgia
Regiments, to be paid upon warrant of His Excellency the Governor,
out of the Military fund of this State. Assented to Dec'r 14, 1863. Ordinaries allowed to charge and receive certain fees. Fees. Allowed same fees as Clerks Sup. Courts, when not specified. 4. SEC. I. The General Assembly of Georgia do enact, That the
Ordinaries of this State be, and are hereby allowed to charge and
receive the following fees, in addition to the fees now allowed them
by law, to-wit:
(No. 11)
An Act to extend the time for the collection of Taxes in the county of
Walker, and to provide a guard for the Tax-Collector in said county,
and all other counties similarly situated.
(No. 12.)
An Act to allow the Ordinaries of this State to charge and receive certain
fees.
Page 18
When fees are increased, the rate to obtain on fees allowed by this act.
5. SEC. II. That in case the fees of Ordinaries (are?) increased by any Act of this General Assembly, the rate of per centage of increase shall obtain on the fees allowed in this Act.
SEC. IV. All conflicting laws are hereby repealed.
Assented to Dec. 14th, 1863.
(No. 13.)
An Act to define the time, that County Treasurers in the several counties of this State shall hold their offices.
County Treasurers to hold office for two years after Jan. 1st, 1864.
6. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of January next, the county Treasurers of the several counties in this State shall hold their offices for two years, whether said Treasurers are elected by the people, or appointed by the Inferior Courts.
SECTION II. All conflicting laws are hereby repealed.
Assented to Dec. 14th, 1863.
(No. 14.)
An Act, to amend the 3rd section of the Code, and to carry into effect on., the first duly of January 1864, an Act passed by the present General Assembly, relative to separating the offices of Receiver of Tax Returns and Tax Collectors of this State.
r amble
Whereas the 3rd section of the Code provides, That. "All Acts hereafter passed by the General Assembly, unless specially provided otherwise in the Act," shall take effect and be obligatory only from the first day of July next succeeding the date of this passage;" and whereas the present General Assembly passed an "Act to repeal an Act assented to the 30th day of November 1861, consolidating the offices of Receiver of Tax Returns and Tax Collector of this State," which was approved by the Governor Nov. 30th, 1863. And the said Act does not state when it shall go into effect, for remedy whereof,
Page 19
To go into operation 1st Jan., 1864.
7. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act, separating the offices of Receiver of Tax Returns and Tax Collectors shall go into operation on the first day of January, 1864.
To be of force from its passage.
8. SECTION II. This Act shall take effect and be of force from the day of its passage, and that all conflicting laws are hereby repealed.
Assented to Dec. 14th 1863.
TITLE V.
DISTILLATION.
Sec. 1. Distilleries run contrary to law declared
public nuisances. Sec. 2. Justices of the Peace and Justices of
Inferior Court to investigate and suppress.
Proceedings in such cases. Sec. 3. Officers liable for failure of duty. Sec. 4. Warrant may be transmitted to Governor
in certain cases. Sec. 5 Proceeding by Governor and his officers,
when warrant is sent to him. Sec. 6 Distilleries seized, paid by valuation of
Inferior Court. Sec. 7 Repeals 5th section of Act 22nd Nov
1862, and allows Government to contract
on certain terms. Sec. 8 Amount restricted. Sec. 9 Violations punished. Sec. 10 Takes effect immediately. Sec. 11 Licenses to distill alcohol granted under certain restrictions. Sec. 12 To be good article. How long license. Sec. 13 Oath and bond of persons licensed. Sec. 14 Violations indictable. Sec. 15 Bonds may be sued on. Sec. 16 Licenses may be withdrawn. Inferior
Courts may contract for medicinal
use.
(No. 15.)
An Act to further provide for the suppression of unlawful distillation of grain and other commodities in this State.[.]
Distilleries run contrary to law public nuisances.
1. SECTION I. The General Assembly of Georgia do enact, That each and every distillery which may be run or worked in this State contrary to any or either of the provisions of the laws heretofore passed, to prevent unlawful distillation, is hereby declared to be a public nuisance, and in addition to the remedies heretofore provided, may be abated as follows:
Justices of Peace and Justices Inf. Ct. to iuvestigate and suppress.
Proceedings n such cases.
2. SECTION II. It shall be the duty of each and every Justice of the Peace, in the several Militia Districts of this State, and Justices of the Inferior Courts, to diligently enquire about every such still as may be either publicly or clandestinely run in his District, or County, and upon being informed on oath, or being otherwise induced to the opinion, that such still or stills are running unlawfully, or that unlawful sales of spirituous liquors are made from the proceeds of such stills, by the owner of said stills or his agent, he shall issue his warrant against the party or parties owning and operating said still, and the still itself, including both, which said
Page 20
warrant shall forthwith be delivered to the Sheriff of the county, who, thereupon, shall arrest the party and seize the still. The writ shall be returnable twenty days after it shall thus be issued, and at that time the Magistrate shall summarily try the question with the assistance of twelve free holders of the county, and one or more Magistrates, as to whether or not such still so seized, is a public nuisance. The effect of a verdict of no nuisance, shall be, to discharge the party or parties, and release the still. The effect of a verdict of nuisance, shall be to retain both in custody, but the party or parties shall have the right of appeal or certiorari to the Superior Court of the county, pending which, however, the still or stills shall be retained in the custody of the officers of the law, and not to be run during the pendency of the suit, but the party or parties shall be at liberty to go at large upon giving bond with good and sufficient security in a sum to be judged of by the Court. This however, shall in no wise exempt such party or parties from indictment under other provisions of law, to prevent unlawful distillation, and it shall be the duty of the presiding Magistrates to investigate fully, whether or not such party or parties have violated any of the provisions of the law, and in each case, and for each day, to bind such party or parties over in bonds for their appearance to the next Superior Court for trial, or else commit them to jail. The Magistrates shall return their proceedings to the next term of the Superior Court.
Officers liable for failure in duty.
3. SECTION III. For non-compliance with the provisions of this Act each officer failing promptly and fully to do his duty, shall be guilty of malpractice in office, and it shall be the duty of the Grand Jury to make presentments thereof.
Warrant transmitted to Gov. in certain cases.
4. SECTION IV. In all cases when in the discretion of the Magistrate or Magistrates, it shall be deemed best, the warrant shall, in the first instance, be transmitted to His Excellency the Governor, who is hereby empowered to have the same executed by any officer of the State, Civil or Military, he may deem the peculiar exigencies of the case require. In which event, the subsequent proceedings shall be as hereinbefore provided.
Proceedings by Gov. and his officers when warrant is sent to him.
5. SECTION V. In all cases where the Governor shall be informed, that any still or stills are run in any county of this State in violation of law, or that any unlawful sale or sales are made from any such still or stills, and the Justices and other county officers have failed to act, he shall forthwith send an officer or person to be designated by him to the vicinage, who shall investigate facts, and upon being satisfied that there exists probable cause for the charge against any one or more persons in the county, such officer or person shalt make complaint thereof on oath to any Justice of the Peace or Justice of the Inferior Court of the county, or to the Judge of the Superior Court of the circuit of which such county is a part, or in case of his absence, to any Judge of the Superior Courts of is this State. The officers thus applied to, shall thereupon issue a warrant for the seizure of the still or stills, as a
Page 21
nuisance, and the arrest of the person or persons owning or engaged in running the same, including all who either own or are engaged in running the same, so far as they may be set forth in the affidavit, or can be ascertained, which said warrant shall be directed to any lawful officer to execute and return. The Governor shall thereupon cause the same forthwith to be executed by any officer of the State, Civil or Military, he may deem the exigencies of the case require; all further proceedings shall be as provided in the preceding sections, only, that in the event the warrant shall be issued by any Judge of the Superior Courts (it?) shall be made returnable before him on a day to be named therein, at the Court house of the county in which it is charged that the nuisance exists; and it shall be the duty of the Judge to attend on the day mentioned, and assisted by a Jury of twelve free holders make the summary investigation in the preceding sections provided.
Distilleries seized to be paid by valuation of Inf'r Court.
6. SECTION VI. The parties owning such distilleries as may be so taken and held by the Government, shall be entitled to payment for the same, the value to be fixed by the Inferior Court in accordance with the statutes now in force, providing compensation to owners for stills seized by the Government.*
Assented to Dec. 3, 1863
*For providing compensation, see Act Dec. 9, 1862, page 28.
(No. 16.)
An Act to alter and amend an act entitled an act to prevent the unnecessary consumption of grain by distillers and manufacturers of spirituous liquors in Georgia, approved Nov. 22d, 1862; also, to alter and amend an act supplementary to the said recited aet, assented to December 11th, 1862, and for other purposes.*
Preamble.
WHEREAS, In the fifth section of the above first recited act, it is provided, that no person distilling under any license authorized by that act, shall sell any whiskey or any other spirituous liquors for more than one dollar and fifty cents per gallon, nor alcohol at more than two dollars and fifty cents per gallon, under the penalties recited in said act; and whereas, since the passage of said act, from the greatly increased and increasing value of grain and labor, of all implements, machinery and articles used in distilling, as well as on account of the heavy taxes imposed by both the Confederate and State governments upon distillers, the above named prices have become wholly inadequate and unremunerative to persons who have heretofore contracted, or may hereafter contract, to distill whiskey or alcohol, for the Confederate government; therefore, for remedy whereof,
Repeals 5th sec. of act 22d Nov. 1862 and allows Governmeet to procure whisky and alcohol by contract, not exceeding prices fixed by state commissioners.
Proviso.
7. SECTION I. Be it enacted, &c., That all that part of the said
fifth section of said act of the 22d, November, 1862. which restricts
the price of whiskey to one dollar and fifty cents, and the price of
* See Pam. Act, Nov. 22, 1862, pages 25 and 26. Also, Act Dec. 11, 1862, pages 27 and 28.
Page 22
alcohol to two dollars and fifty cents per gallon, be, and the same is hereby repealed; and that the Confederate government may, by its officers or agents, contract for the distillation in this State of whiskey and alcohol for the use of the Confederate government, at such price or prices as may be agreed upon by the contracting parties; and the said government may, by its officers or agents, increase the price to be paid for whiskey and alcohol under contracts heretofore made, or hereafter to be made, to distill whiskey or alcohol for said government, to any extent which may be agreed upon; provided, such contract price shall not exceed the prices for whiskey and alcohol respectively fixed from time to time in the schedule of prices established by the commissioners for Georgia, appointed under the impressment act of Congress.
Amount restricted.
8. SEC. II. Be it further enacted, That, hereafter in issuing licenses for the distillation of whiskey or alcohol for the use of the Confederate government, authorized to be issued by the above recited acts as altered and amended by this act, his Excellency the Governor may issue the same, regardless of the price or prices to be received by the party or parties applying for such license or licenses; Provided, such price or prices does not exceed those fixed by the commissioners under the impressment act of Congress, as set forth in the first section of this act; And provided further, that nothing in this act shall be so construed as to authorize or require the Governor of this State to issue licenses for the distillation in Georgia, for the use of the Confederate government, of more than one million of gallons of spirituous liquors of all kinds, including alcohol.
Violations punished.
9. SEC. III. Be it further enacted, That all and any such person or persons who may be at any time distilling under any contract with the Confederate government, who shall at any time make or sell or otherwise dispose of any whiskey, brandy, or other spirituous liquors, the product of his or their still or stills, on private account, or to any other person or corporation or partnership, or who may ship from his or their distillery any such product thereof, other than to the government or its authorized agent, he, or they so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished, in the discretion of the Court, by fine not less than one thousand dollars for each and every such offense so committed, or imprisonment in the common jail of the county, or both; and any and all officers and agents of the Confederate government who shall consent to any such sale, disposal or shipment, shall be held and deemed a principal in the first degree, and upon conviction thereof, shall be punished by like fine and imprisonment.
Takes effect immediately.
10. SEC. IV. And be it further enacted by the authority aforesaid, That this act shall go into operation and take effect from and immediately after its passage.
SEC. V. Repeals conflicting laws.
Assented to Dec. 14th, 1863.
Page 23
(No. 17.)
An Act to authorize the Governor of this State to grant a license for the manufacture of Alcohol for medicinal and mechanical purposes.
Licenses to distil alcohol to be granted under certain restrictions.
11. SEC. I. The General Assembly do enact, That from and after the passage of this Act, the Governor be, and he is hereby authorized to grant a license for the manufacture of Alcohol for medicinal and mechanical purposes, under the restrictions hereinafter specified, to any person who shall make application for the same, and comply with all the provisions of this Act; provided, that the alcohol so authorized to be distilled, shall not be sold for an amount exceeding seventy-five per cent profit upon the actual cost of the same.
To be good article. How long license.
12. SEC. II. And be, it further enacted, That in no case shall a license be granted for the purpose aforesaid, until the applicant has made it satisfactorily appear to the Governor, that he is prepared to produce alcohol of good quality; which license shall not be granted for a longer time than twelve months, and may be renewed at the discretion of the Governor.
Oath & bond of person licensed.
13. SEC. III, And be it further enacted, That before a license shall be granted, the applicant shall take and subscribe an oath, that he will not make spirits other than alcohol by himself, his agent or servants; that he will not make more than the number of gallons allowed by the terms of the license, that he will not make it for sale to speculators, and that he will not abuse the privileges granted under this Act, or violate any of its provisions in any respect whatever, and shall give bond and security to the Governor, in the sum of one hundred thousand dollars, that he will faithfully observe the requirements of this Act.
Violation indictable.
14. SEC. IV. And be it further enacted, That for a violation of any of the provisions of this Act, the person so violating may be indicted and tried for false swearing, and on conviction, be punished in the same manner.
Bonds may be sued on.
15. SEC. V. And be it further enacted, That for any violation of the provisions of this Act, the Governor may institute suit on said bond, for the recovery of the full amount of said bond; and should recovery be had, the sum to be applied to the fund for the relief of soldiers' families.
Licenses may be withdrawn. Inf. Courts allowed to contract for medicinal purposes.
16. SEC. VI. And be it further enacted, That the Governor be, and he is hereby authorized, whenever it is made appear to him that the privileges of this Act are abused to withdraw from the person abusing the terms of this Act, said license, which withdrawal shall not prevent prosecution for false swearing , or suit on the bond as before provided for; provided further, that the Inferior Court of any of the counties in this State may, with the consent of the Governor, contract for such quantity for medicinal use in the county, as the Governor may deem necessary, and all quantities made for the Confederate government shall be estimated as part of the one million of gallons allowed by law.
SEC. VII. Repeals conflicting laws.
Assented to Dec. 12, 1863.
Page 24
TITLE VI.
EDUCATION.
Sec. 1. Educational Board authorized to allow
same per diem for teaching poor as
other children. Proviso Sec. 2. Time extended to 1st January 1864, to
make return of beneficiaries. Sec. 3. When Ordinary has removed or is in
service, fund may be drawn on certified
return of the Clerk of Superior
or Inferior Court. Sec. 4. How estimated and drawn, when no return
is made on account of presence
of the enemy, Sec. 5. Surplus of Educational Fund may be
turned over to Inf'r Court for support
of indigent families of soldiers. Sec. 6. Clerks of Courts of Ordinary may draw
common School Fund for 1862 and
1863, when Ordinaries have resigned
without drawing.
(No. 18.)
An Act to increase the per diem pay of school teachers for children entitled to the benefit of the poor school fund of this State.
Educotional Board authorized to allow same per diem for teaching poor as other children in same studies.
Proviso.
1. SECTION. I. Be it enacted &c., That from and after the passage of this Act, the Educational Board of the several counties in this State, be, and they are hereby authorized to allow the teachers of children entitled to the benefit of the poor school fund, the same per diem pay for teaching said children, as is charged by the same teachers for other children pursuing similar branches of study. Provided, said charge shall not exceed sixteen cents per day.
SEC. II. Repeals conflicting laws.
Assented to Dec. 14, 1863.
(No. 19.)
An Act to extend the time of making returns of the children entitled to the benefit of the Educational fund of Georgia for the year 1863.
Preamble.
WHEREAS, The Ordinary of each county in this State is now required by law, to report to the Governor, under hand and seal, annually, by the 3d Monday in November, the whole number of children in his county, entitled to the benefits of the educational fund; and whereas, it is further provided that if any County neglects to present a proper return to the Governor, by the time prescribed, it loses its share; and whereas, it appears, that a number of counties have forwarded their returns for 1863, which however, failed to arrive before the 3d Monday in November 1863, whilst no returns have as yet been received from numerous other counties of the State. And whereas, the apportionment directed to be made by the Governor, has not yet been completed, and it is manifestly improper, that the children of these several counties should thus be deprived of the benefits of this fund in the present condition of the country, if practicable to prevent it. Therefore for remedy thereof:
Page 25
Time extended to 1st Jan. 1864, to make returns of beneficiaries.
2. SECTION I. The General Assembly of Georgia do enact, That the time for making the returns required by the law for the year 1863, be extended to the first day of January 1864, and that the Governor shall on that day make the estimate and apportionment of the Educational fund for 1863.
When Ordinary is in service or has removed, funds may be drawn on certified return of the Clerk of the Supr. or Inf. Court.
3. SEC. 2. Be it further enacted, That in all cases when the Ordinary of any county may have removed from the county, or be in the Military service of the country, or from any cause be unable or fail to act, it shall and may be lawful for the apportionment and distribution of the educational fund to be made upon the certified return of either the Clerk of Superior Court or Clerk of the Inferior Court of such county.
How estimated and drawn when no return is made because of presence of the enemy.
4. SEC. 3. Be it further enacted, That in all cases, when the enemy shall have been in any county of the State, and said county shall have thus failed to make return within the time prescribed, it shall be the duty of the Governor to pay over to the Ordinary, or upon his failure to act, to the Inferior Court of such county, such sum as he may deem equitable and just, at least equal in amount to the sum drawn the next preceding year by such county.
Assented to Dec. 11, 1863.
(No. 20.)
An Act to authorize and empower the Ordinaries of the several counties in this State to pay over to the Inferior Courts, any surplus of funds in their hands belonging to the Educational fund, for the benefit of the indigent families of soldiers now in the military service, or who may have died in the service.
Surplus Educational Fund mao be turned over to Inf. Court and disbursed for relief of indigent families of soldiers.
5. SECTION I. The General Assembly of the State of Georgia do enact, That it shall be lawful for the Ordinaries of the several counties in this State to pay over to the Inferior Courts of their respective counties any surplus of funds in their hands belonging to the Educational fund, not appropriated for the benefit of the poor children of the county, and that said surplus when paid over, shall be subject to disbursement by the Inferior Courts for the relief of the indigent families of soldiers now in service, or who may have died in the service.
SECTION II. Repeals conflicting laws.
Assented to Dec. 12, 1863.
(No. 21.)
An Act to allow the Clerks of the Courts of Ordinary of this State to draw Compton School funds due their respective counties for the years 1862 and 1863, when the Ordinaries have resigned without drawing the same.
Clerks of C'ts of Ordinary may draw common school funds for 1862 and 1863, when Ordinaries have resigned without drawing.
6. SECTION I. Be it enacted, &c., That the Clerks of Courts of
Page 26
Ordinary of the several counties in this State, be, and they are hereby authorized to draw from the Treasury of this State, the portion of Common School Funds going to and belonging to their respective counties for the years 1862 and 1863, where the same has not been drawn, in the same manner and under the same provisions as the Ordinaries themselves would have been entitled to draw, had they not resigned.
SEC.II. Repeals conflicting laws.
Assented to Nov. 28, 1863.
TITLE VII.
ELECTIONS.
Sec. 1. Citizens in State or Confederate service
allowed to vote in municipal elections,
at any place where stationed. Sec. 2 . Two resident commissioned officers of
the State to preside and hold the
election. Under what regulations.
Returns to be made. Copy of talley
sheet and list of voters to be sent.
To whom sent. Elections thus held
to be accounted good and valid.
Proviso. Sec. 3. Registry laws not to apply to those thus
voting. Sec. 4. Commissioned officers to subscribe a
statement. Requisites of statement.
Copy of statement talley sheet and
list of voters to be taken in lieu of
oath now required by law. Sec. 5. Act of December 14th, 1862 amended.
Section added. Commissioned officers
to subscribe statement in writing.
Statement. Sec. 6. Superintendents to journal copies of
statement. Talley sheets and list of
voters. When forwarded to be taken
in lieu of oath now required by
law.
(No. 22.)
An Act to authorize all persons in the military service of this State or Confederate States, including those in hospitals, and detailed service to vote at municipal elections.
Citizens in State or Confederate service allowed to vote in municipal elections.
At any place where stationed.
1. SEC. I. Be it enacted by the General Assembly of Georgia, That all persons in the military service of this State, and the Confederate States, including those in hospitals, and detailed men for any purpose by the military authority, 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 municipal election in this State, be and they are hereby authorized to assemble at such place as they may be stationed at, and cast their votes, as though they were in the town or city where they reside.
Two resident commissioned officers of this State to preside.
Under what regulations.
Returns to be made.
List of voters and tally seeet to be sent.
Proviso.
2. SEC. II. That at said elections it shall be lawful for any two commissioned officers, residents of the State, to preside and hold said elections under the same rules and regulations that are now
Page 27
prescribed by law for holding such elections, and make returns of the same, as though the said election had been held in the town or city of the residence of the voters respectively, sending a copy of the list of voters, and a copy of the tally sheet to either the Mayor, Intendant, Alderman, Councilmen or Wardens of the town or city, where the soldiers voting reside; and all elections thus held shall be accounted good and valid; provided, the returns thereof, shall reach the proper municipal authority, within fifteen days after the day of said election.
Registry laws not to apply to those thus voting.
3. SEC. III. Be it further enacted, That the registry laws in force for all cities and towns in this State, shall not apply to absent soldiers and detailed men, voting under the provisions of this Act.
Com. officers to subscribe a statement.
Requisites of statement.
Copy of statement, tally sheet and list of voters to be taken in lieu of oath now required by law.
4. SEC. IV. Be it further enacted, That said commissioned officers authorized to hold the several elections provided for by this Act, shall, before they proceed to hold said elections, subscribe the following statement in writing; (first state the regiment, Battalion or company of which they are members, station and date); each and both of us declare on honor, that we will faithfully superintend this day's election; that we are commissioned officers in the Confederate, or State service, (state the regiment, Battalion or company,) that we will make a just and true return thereof, that we will not knowingly permit any one to vote, unless we believe he is entitled to do so, according to the laws of Georgia, nor knowingly prohibit any one from voting, who is entitled by law to vote, and we will not divulge for whom any vote was cast, unless called on under the law to do so; and it shall be the duty of said Superintendents to forward a copy of said statement, with the copies of the tally sheet and list of voters, and the same shall be taken in lieu of the oath now required by law to be taken by Superintendents of such elections.
SEC. V. Repeals conflicting laws.
Assented to Dec. 1st, 1863.
(No. 23.)
An Act to amend an Act entitled 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, assented to December 14th, 1862.
Act of Dec. 14th, 1862, amended.
Sec. added.
Com. officers to subscribe statement in writing.
Statement.
5. SEC. I. The General Assembly of Georgia do enact, That from and after the passage of this Act the above recited Act be amended by adding the following section thereto, That said commissioned officers so entitled to hold said elections, shall before they proceed to hold the same, subscribe the following statement in writing: (first state the regiment; Battalion or company,) each and both of us do declare upon honor, that we will faithfully superintend this day's election, that we are commissioned officers of the State or Confederate government, (state the regiment, Battalion or company)
Page 28
that we will make a just and true return thereof; that we will not knowingly permit any one to vote unless we believe him entitled to do so according to the laws of Georgia; nor knowingly prohibit any one from voting who is entitled by law to vote, and we will not divulge for whom any vote was cast unless called on under the law to do so.
To be forwarded with talley sheet, to be taken in lieu of oath.
6. SEC. II. Be it further enacted, That it shall be the duty of said Superintendents to forward a copy of said statement with the copies of the tally sheet and list of voters, and the same shall be taken in lieu of the oath now required by law to be taken by Superintendent of such elections.
SEC. III. Repeals conflicting laws.
Assented to Dec. 14th, 1863.
Page 29
TITLE VIII.
EXECUTORS, ADMINISTRATORS, GUARDIANS AND TRUSTEES.
Sec. 1. Guardians, Executors, Administrators,
and Trustees allowed to invest funds,
in Confederate interest bearing notes
or in State or Confederate Bonds.
Proviso. Must first make application
to Judge of Superior Court.
Within 12 months after investment
full and specific returns to be made.
Same as to investment in land and
negroes. Sec. 2. Preamble. Executors, Administrators,
and Gurrdians may publish notice of
sales in newspapers having largest
circulation in counties where property
is sold.
(No. 24.)
An Act to amend an Act entitled an Act to authorize Guardians, Trustees, Executors and Administrators to invest in Confederate bonds and in land and negroes, assented to December 16th, 1861.
Guardians, executors, administrators, &c., allowed to invest their funds in interest bearing notes of Confed. States & in any bonds of Government or the State, already issued or to be issued.
Proviso.
Must first make applica- to Judge of Sup'r Court.
Within 12 months after investment full and specific returns to be made.
Same as to investment in land and negroes.
1. SEC. I. The General Assembly of Georgia do enact, That the Act to authorize Guardians, Trustees, Executors and Administrators to invest in Confederate bonds and in lands, and negroes, assented to December 16th, 1861, is hereby amended as follows: in addition to the investment in said Act authorized, Guardians, Executors, Administrators and Trustees are hereby authorized to invest in interest-bearing Treasury notes of the Confederate States, and all such bonds as may have been and may hereafter be issued by the Confederate States and by the State of Georgia; provided that before making any such investment as in said Act allowed, and as in this Act is allowed, the Exe'r., Adm'r., Guar'n or Trustee, so desiring to invest, shall first make application to the Judge of the Superior Court of the circuit in which he resides, or in case of the absence of such Judge from the State, the Judge of any adjoining circuit for leave to do so, whereupon the Judge is hereby authorized to hear testimony and argument either at term time or at chambers in vacation, as to which of the investments authorized is the best for the interest of the wards, heirs, legatees or cestui qui trust; and shall in his order direct in what securities or property the proposed investment shall be made; and whenever such investment shall be made in bonds or interest-bearing notes of the Confederate States of America, or bonds of the State of Georgia, the Executor, Administrator, Guardian or Trustee so investing, shall within twelve months thereafter, make a legal return thereof, in which be shall set forth the prices paid, the time of the purchase and the name of the seller; and whenever the investment shall have been made in land and negroes or other property, he shall set forth a particular description thereof, stating price, and from whom and when purchased, all which shall be entered on record by the Ordinary subject to like scrutiny and exceptions, with other returns of persons acting in any of the above mentioned capacities.
SEC. II. Repeals conflicting laws.
Assented to Dec. 14, 1863.
Page 30
(No. 25.)
An Act regulating the advertising of sales by Administrators, Executors and Guardians, and for other purposes.
Preamble.
WHEREAS, the Code of Georgia requires Administrators, Executors and Guardians to publish the notice of the sales they are authorized to make in the gazette in which the county advertisements are published; and whereas, this means of advertising not unfrequently fails to accomplish the object of giving publicity to those sales, for the reason, that the property to be sold may be located in some county remote from the one in which the gazette aforesaid is published, and where it has little or no circulation;
Administrators, executors and guardians may publish notice of sales in any newspaper or gazette having largest circulation in the counties where property is located.
2. SEC. I. Therefore, be it enacted, &c., That after the passage of this Act it shall be lawful for Administrators, Executors and Guardians, to publish the notice of sales they may be authorized to make for the time prescribed by law, in any newspaper or gazette having a general circulation in the county where the property to be sold is located, and this shall be deemed a full and sufficient notice of such sales,
SEC. II. Repeals conflicting laws.
Assented to Dec. 11, 1863.
TITLE IX.
GENERAL ASSEMBLY.
Sec. 1. Changing the hour of meeting of the General Assembly of the State of Georgia. From what hour. To what hour.
(No. 26)
An Act to alter and change the hour for the meeting of the General Assembly of the State of Georgia.
Change the hour of meeting.
From what & to what hour changed.
SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the hour for the meeting of the General Assembly of the State of Georgia, be and the same is hereby altered and changed from noon, to the hour of ten o'clock in the forenoon; any law or custom to the contrary notwithstanding.
Assented to Nov. 23d, 1863.
Page 31
TITLE X.
INSURANCE COMPANIES.
Sec. 1. Empire State Insurance Company.
Capital stock and size of shares. Sec. 2. Company incorporated. Name. General
powers. Sec. 3. Election of Directors and other officers[.]
Vacancies how filled. Sec. 4. Powers of President and Directors. Sec. 5. May take fire, marine and inland risks
of insurance and upon lives. When
contracts of company binding. May
receive deposits, loan money, discount notes, &c. Sec. 6. Liability of company--of Stockholders.
How payable. Sec. 7. When losses to be paid. Sec. 8. Legal effect of notes, &c. Payable at
office of Company. Sec. 9. Duration of charter. Sec. 10. Oglethorpe Insurance Company of
Savannah. Corporators. Name.
Subscriptions may be received to
amount not exceeding one million of
dollars; in shares of $100. Twenty
per cent to be paid in at time of subscription,
subscriptions to be sealed.
How publication for opening books
to be made. Sec. 11. When corporate powers attach. Powers
granted. Proviso as to real estate. Sec. 12. Notice of time and place to organize
to be given when $100,000 cash paid
in. Notice how given. How many[.]
Directors and mode of election.
Stockholders allowed to vote according
to shares held. Regulations for
voting. Duties of commissioners as
to issuing certificates of elections
and turning over money and books
to Directors. Sec. 13. Term of office of Directors. President
how elected. Vacancies in office of
President and Directors how filled. Sec. 14. Number of Directors may be increased
by convention of Stockholders. Directors
may pass necessary By-Laws.
Proviso. Sec. 15. Directors may receive subscriptions of
stock until made up--certificates of
stock to be issued. Transfers of stock
allowed on conditions. Sec. 16. Directors may enforce by suit all assessments
by summary process. Sec. 17. By whom and how convention of stockholders
may be called. Sec. 18. When organized may insure against
risks by fire, &c., also vessels,
freights, profits, &c. May be reinsured. Sec. 19. Officers and Stockholders personally
liable for any insurance until $100,000
be paid in. Sec. 20. May borrow and invest its money in
profits. Liable to suit. Sec. 21. Duration of franchise. Liable to taxation. Sec. 22. Individual property liable to amount
of stock. Sec. 23. Charter for thirty years. Sec. 24. "Home Insurance Company" incorporated.
Capital Stock and size of
shares. Sec. 25. Corporators. Name. General powers. Sec. 26. Election of Directors and other officers. Sec. 27. Powers of President and Directors. Sec. 28. May take fire, marine and inland risks
of insurance and upon lives. When
contracts binding. May receive deposits,
loan money, discount notes,
&c. Sec. 29. Life department may be separated
from general business. Married women
may insure lives of husbands. Sec. 30. Liability of Company and stockholders
to creditors. Sec. 31. Losses against Company, how obtained. Sec. 32. Bills, bonds and notes payable at office
of Company governed by Bank
rules. Sec. 33. Charter for 30 years. Sec. 34. Charter "Stonewall Insurance Company"
amended, 5th, 7th and 8th Secs.
of Act April 16, 1862, repealed. Sec. 35. Directors may give notice to doubtful
Stockholders to strengthen stock, or
in default order sale. Purchaser
substituted. Defaulters liable to suit. Sec. 36. Directors may call in stock notes and
assessments on 30 day's notice. Proviso. Sec. 37. Conditions of purchasing stock. Sec. 38. Name of Southern Insurance Company
changed.
(No. 27.)
An Act to incorporate an Insurance Company in the city of Macon, to be called the "Empire State Insurance Company."
Capital stock and size of shares.
1. SEC. I. Be it enacted General Assembly of Georgia, That there shall be established in the city of Macon, an Insurance company, the capital stock of which shall be three hundred thousand dollars, but which may be increased to a further sum of one million
Page 32
of dollars should the interest of the company require it, to be divided into shares of one hundred dollars each, but said company may organize and proceed to business when one hundred thousand dollars shall have been subscribed, and twenty per cent paid thereon.
Company incorporated.
Name.
General Powers.
2. SEC. II. Be it further enacted, That for the purpose of organizing said corporation, J. E. Jones, J. W. Fears, James J. Snider, P. Loud, and Geo. S. Obear or a majority of them, citizens of Macon, their associates and successors, are hereby created a body corporate under the name and style of the "Empire State Insurance Company," by which name they may have, purchase, receive, possess, enjoy and retain, and sell property of all kinds, sue and be sued, have and use a common seal, which they may break, alter and renew at pleasure, elect its own officers, and make such By-Laws, rules and regulations as may be deemed necessary to carry into effect the objects of this corporation.
Election of Directors and their officers.
Vacancies how filled.
3. SEC. III. The said corporation shall be managed by not less than five Directors, a majority of whom may constitute a quorum for the transaction of business, each of which directors shall be a stockholder to an amount not less than ten shares, who shall be elected at such time and place as the corporators or their successors may designate, and hold their offices for one year, or until their successors are elected; the directors aforesaid shall out of their number elect a President, who shall serve for twelve months, or until a successor is elected, and fill any vacancy occasioned by death or otherwise in the office of the President, and with the advice and consent of the President, elect a Secretary, Actuary, or any other officers or Agents whose services may be needed in carrying out the objects of this corporation; a vacancy in the Board of Directors occurring during the period of their election may be filled by the remaining Directors until the next annual election by the Stockholders; at all elections by the Stockholders a Stockholder may vote by proxy, none but a Stockholder acting as such proxy.
Powers of President and Directors.
To appoint agents and local offices.
To sell stock of delinquent stockholders.
To regulate dividends and transfer of stock.
Stockholder indebted to Co., his stock nor transferable or liable.
4. SEC. IV. Be it further enacted, That the President and Directors shall have power to appoint and remove at pleasure all officers or agents of said corporation; They shall have power to appoint agents and locate offices in such places and at such times as they shall deem best for the interests of said company; to prescribe the duties of agents and officers, to take from them bonds for the faithful performance thereof, to appoint a President pro tem, in the absence of the President; and further, the said President and Directors shall have power and authority from time to time to call for the payment of the unpaid stock in such sums as they may deem proper, and said stock shall be considered and held as personal property; and upon the neglect or refusal of any Stockholder to pay the instalment as called for by the President and Directors therefor, thirty days' notice being given in any one or more of the city papers, said Board may sell such stock at public outcry, and said delinquent Stockholders shall be liable for any balance due,
Page 33
or which may become due by him or them to said corporation, and may be sued for in any Court having jurisdiction; and the said President and Directors shall have further power to make dividends and fix the place, and define the manner of paying the dividends, paying interest and transferring stock, and no stockholder shall have power to transfer his stock in said corporation while indebted to the same, and said stock shall not be liable for any other obligation, so long as he is a debtor to said corporation for money borrowed, or premiums due, or installments unpaid.
May take fire, marine and inland risks of insurance, and upon lives.
When contracts of Co. binding.
Power to receive deposits, loan money, discount notes, &c.
5. SEC. V. Be it further enacted, That said corporation shall have authority to insure against losses by fire in all kinds of property, real, personal, or mixed; also against all the hazards of ocean or inland navigation, and transportation of every kind; also to make insurance on lives, and all and every insurance appertaining to the duration of human life, for such nett premiums as they may determine; and said company shall be liable to make good, and pay to the several persons who may insure in said company, for the losses they may sustain, or for life insurance, in accordance with the terms of the contract or policy issued by said company; and no policy or other contract of said company shall be binding, except it be signed by the President or Vice President, Secretary or Actuary of said company; and said company shall have power to receive money on deposite, to loan and borrow money, to take and give such securities therefor as may be considered best, to invest its moneys upon such terms as may be best, and transfer its property at pleasure; to purchase and discount notes and bills of exchange, and to do all other acts it may deem advisable for the safe keeping and secure investments of its funds; and said company shall have power and authority to make re-insurances of any risks that may be taken by them.
Liability of Co.
Stockholders.
How payable.
6. SEC. VI. Be it further enacted, That said company shall be responsible to its creditors to the extent of its property; and the Stockholders shall be liable to the extent of double the amount of their respective stocks, payable in currency, for the debts of the company, in proportion to the number of shares held by each.
When losses to be paid.
7. SEC. VII. Be it further enacted, That all claims for losses against said company shall be due and payable in sixty days after proof of the loss has been furnished at the office of said company; and in disputed cases, in ten days after final decision of the proper tribunal; and in each case named, the sum ascertained to be due shall bear interest from the time made due and payable.
Legal effect of notes, &., payable at office of Co.
8. SEC. VIII. Be it further enacted, That all bills, bonds, and promissory notes made payable at the office of said company, shall have the same legal effect, and may be subject to all legal remedies, the same as if they were made payable at any bank in this State.
Duration of charter.
9. SEC. IX. Be it further enacted, That this charter shall be in full force and effect for the term of thirty years.
SEC. X. Repeals conflicting laws.
Assented to Nov. 24, 1863.
Page 34
(No. 28.)
An Act to incorporate the Oglethorpe Insurance Company of Savannah.
Corporators.
Name.
Subscriptions may be rec'd to an am't not exceeding $1,000,000 in shares oi $100[.]
20 per cent to be paid in at time of subscription.
Subscriptions to be scaled, if making over a million capital.
How publication for opening books to be made.
10. SECTION 1. Be it enacted &c., That Robert Habersham, Edward Padelford, Andrew Low, John L. Villalonga, James W. Lathrop, James McHenry and Noble A. Hardee, be and are hereby constituted and appointed commissioners to open books of subscription to the capital stock of the company by this act to be incorporated, and to be located in the city of Savannah, in this State, to be called, "The Oglethorpe Insurance Company of Savannah;" said commissioners, or any three of them, shall have power, and are hereby authorized to keep open said Books for such time as they may think proper in the city of Savannah, and at other places if they deem it proper so to do, and receive all subscriptions that may be offered to an amount not exceeding in the whole one million of dollars, in shares of one hundred dollars each, whereof twenty per cent shall be paid to said commissioners at the time of subscription, but should it so happen, that subscriptions to an amount exceeding one million of dollars, which shall be the extent of the capital stock of said company, be received by the acting commissioners, while the books are open, it will be their duty to scale down the subscriptions for the greatest number of shares, so as to reduce the whole subscription to one million of Dollars, and said commissioners shall give notice of the time and place or times or places of opening such books by publication in at least one newspaper published in the city of Savannah, and in such other papers as they may deem best, at least twenty days before the time appointed for opening the books. All subscriptions which may be made in pursuance of this act shall, with the exception of the payment herein before required to be made at the time of subscribing, be binding on the subscribers respectively, their heirs and legal representatives, and be payable in such instalments and at such times as the President and directors, to be constituted under this act may prescribe in conformity with the provisions of this Act.
When corporate powers attach.
Powers granted.
Proviso as to real estate.
2. SECTION II. And be it enacted by the authority aforesaid, That when the subscription, authorized in the first section of this Act shall amount to one million of dollars, or when one hundred thousand dollars in cash shall have been received by said commissioners, on account of said subscriptions, then said subscribers shall be and become a body corporate politic, with continued succession, under the name of the Oglethorpe Insurance Company of Savannah, and by that name shall exercise corporate powers and be competent to contract and be contracted with, sue and be sued, plead and be impleaded, in any court having Jurisdiction in the subject matter involved; and shall be capable of receiving, purchasing, holding, owning and using property of all descriptions,
Page 35
of aliening, conveying, leasing, mortgaging or otherwise disposing of the same in any manner that a natural person lawfully might dispose of similar property, Provided, that said company shall not have, or hold, or own more real estate than may be considered necessary for offices, and other buildings, wherein to carry on its business, except for the purpose of collecting some debt, or due, or demand of the company; said company shall have power to make and use, renew and alter at pleasure a corporate seal, and to do all acts and things necessary or proper to carry into effect the objects and purposes of this Act, and the business of said corporations, not inconsistent with the laws of this State or of the Confederate States.
Notice of time and place to organize shall be given when $100,000 cash is paid in.
Notice how given.
How many Directors, and mode of election.
Stockholders allowed to vote according to shares held.
Regulations for voting[.]
Duties of Commissioners as to issuing certificates of election and turning over moneys and books to Directors.
12. SECTION III. Be it further enacted by the authority aforesaid, That when the Commissioners who may act to receive subscriptions, as provided for by the first section of this Act, shall have received one hundred thousand dollars in cash, on account thereof, they shall cause notice to be given to the subscribers by advertisement, in at least one newspaper published in the city of Savannah, and elsewhere if they see fit, two consecutive weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize and elect a board of directors. On the assembling of the subscribers, or such of them as may choose to attend, the Commissioners who may act, shall proceed to hold an election for Directors of the company, seven in number, to be chosen by ballot from the stockholders, and no person shall be a director of said company who shall not be a stockholder to the extent of twenty shares and upwards. All stockholders, at all electians of the company, and in all matters pertaining to the interests of the company, acted on in convention, shall be entitled to one vote for every share of stock, owned and may vote in person or by proxy in writing. Executors and Administrators shall be entitled to control the votes to which the testator or intestate would be entitled if living, and the stock of minors will be represented by their Guardians. All votes shall be by ballot and in all cases a plurality of the votes given shall elect. The Commissioners who may act (any three or more named in the first section of this Act,) shall be judges of the first election of directors, and shall receive and count the votes, and ascertain the result and certify accordingly, and the certificate of three or more of said Commissioners, who may act, shall be sufficient evidence of the election of the persons declared by them to be elected. After the election of said Directors, the Commissioners shall deliver to the Board of Directors chosen, all moneys and credits in their hands, and the subscription books to the stock of said company, and an account of all their actings and doings as such Commissioners; whereupon their functions shall cease.
Tenure of office of Directors.
President how elected.
Vacancies in office of President or Director, how filled.
13. SECTION IV. Be it further enacted by the authority aforesaid, "That the first and all subsequent boards and Directors shall be