INDEX
ACADEMY AND SCHOOL FUNDS.Academy, commissioners liable to pay
interest .... 451funds, persons having to pay in-
terest .... 451ordinary's account submitted to
grand jury . . . 45'2
real estate of, no tax on . 457surplus Co. funds may be used for 451teachers' account, state number of
days . . . 452, 457teachers' account sworn to . 452
School commissioner, authority of . 457compensation of . . 457duty of ... . 454must pay teachers . 455, 457ordinary appointed . . . 456ordinary, tx officio . . 454pay claims, pro rata, when . . 457pay of . . , . 454, 457to require list of children entitled
to . . . . 457when to pay teachers . 455, 457
School fund, ages of children entitled
to . . . 452, 454, 457act given in charge to grand jury 453amount of bonds redeemed to en-
large.... 459bank stock set apart" for perma-
nent.... 452, 444children entitled to, receiver of tax-
returns to make out list 456, 458in county to participate 488
common, changed to poor-schqol 452not to lose proportion of . . 453deposite€l by governor upon certain
conditions . . . 459disbursed under existing laws, when 257division of, how made . . 454governor to substitute bonds . 458grand jury and ordinary to disburse 457how increased . . . 458how used in Chatham county . 457inferior court may raise tax to in-
crease.... 458list of children entitled, delivered
to clerk of inferior court . 456
$100,000 appropriated for 457, 459
Academy and School Funds.
ordinary may make rules
may withholdto be treasurer of .
to furnish account of
to levy extra tax for
452458458458452
to report having received 45S
to report to treasurer the
number of children ia
counties before distribu-
tion of . . . 453permanent, created . . 454permanent, under management of
State treasurer . . . 454surplus to go to teachers . 456teachers to have certificate fromboard of examiners . . 458
used for instruction in elementarybranches .... 457
warrant in favor of ordinary, on 458
Forms.
Advertisement by scliool commis-sioner .... 4^3
Bond of ordinary, as treasurer of
poor-school fund . . . 459
School commissioners'' order for funds 455
Teachers' account . . 455
ACTIONS. [See Limitations, ^c]
ADMINISTKATORS. [See Executors, See.]
ANSWER. [See Declaration, <^c.}
APOTHECARY. [See Phjsidan, ^c]
APPEAL. [See Verdict, ^«.]
ARBITRATION .
award conclusive. award vacated
books, &c. , to be producedcontroversies submitted to .
costs, how taxedfees of clerk .
227229229228227229
229fraud, suggestion of, how madeand tried . . . .229
844 INDEX.
Arbitration.interrogatories, how directed
meeting, time and place of .
neglect not to cause delaynotice of .
oaths administered to witnesses
submissions to, to be in writing
subpoenaswitnesses, list of . .
pay of
who may beArbitrators, oath of
powers of . . .
number of .
may adjournhearing may be postponed .
compensation of .
award of, returned, &c.
award, effect of .
absence of, how supplied
Forms.Award of arbitrators .
Notice to the parties
Oath of arbitrators
Order by the courtSubmission to arbitration
228228228228229228228228228228229228228229229229229229228
230230230232230
ATTACHMENT AND GARNISHMENT,act of 1854, repealing section .• 289
when operative . . 289act of 1856 extended to city courts . 290administrator made a party . 285affidavit of plaintiff, how travers-
ed . . . . .285agent or attorney may make . 279against executor or administrator 290amendments allowed . . 289appeal allowed by either party 285bond must be given . . 285bond of agent or attorney for princi-
pal .... 279bond of plaintiff . . 279certiGcate to be issued to purchase
stocks
.
. . .291city courts, 47th section applied
to . . . .291claim allowed . . . 285claim, how tried . . 286claimant's oath . . . 285co-partner, proceedings against 283co-partners, attorney may repre-
sent .•
. .279debt not due, execution stayed 283, 284declarations in, not to be dismissed 289deed of conveyance, vendor must
file .... 284defendant, death of, scire facias
must issue . . . 280defendants may replevy . . 285defendant's property, when judg-ment binds all . . . 286
directed, how . . . 280dismissed or discontinued . . 289duty of oflScer in returning . . 280execution, how levied . . 286executor made a party . . 285$50, jurisdiction extended to .291
Attachment and Garnishment.foreign corporation, against . 285forthcoming bond, claimant may
execute .... 286forthcoming bond, officer to return 286forthcoming bond, suit on . . 286hire, plaintiff may sue for . 286how directed, in city courts . 290how directed in justices' courts 287
how long levied before city court 290interrogatories, clerk's or justice's
duty . . . .283interrogatories, commission annex-ed . . . .283
interrogatories, how served . 283interrogatories may be filed . 283in what cases may issue . . 279joint contractor, proceedings against 283judgment, execution . . 287
extent of . . . 283how entered up . . 286on replevy bond . . 281
satisfaction of . . 284
justice's court, jurisdiction of . 291
levied, on what . . . 279
levy and sale . . . 287on property of stockholder,
how made . . 291
levying officer, duty of, in return-
ing claim . . 286lien not affected . . . 289may issue for damages . . 289
money, how paid out . . 287
raised, disposition of . 284
non-resident plaintiff, how sued . 289
notice of, by whom served . 290
notice of plaintifi'to defendant, howserved . . . 283
officer must levy . . . 280
over $30 returnable to superior andinferior courts . . 280
parties, how made . . 284
party, death of either . . 284
pendente lite . . . 284
persons, how garnisheed . . 290
how to answer . . 290
plaintiff, death of . . .284may recover of claimant . 286
to defendant, notice of . 283
property, how advertised and sold 281
in different counties, officers'
duty . . .280levied on by judge of city
court . . .290of stock-holder, how sold . 291
perishable—sold by order 281
removed, officers' duty . 280replevy .... 285
bond . . . .281judgment on . . 285
returnable to city courts . . 290when . . . 280,291
sale, proceeds of, how disposed of, 281, 282scire facias, how served . . 285
must issue . . . 284to make parties . . 290
security against principal, form of
proceeding . . . 284
INDEX. 845
Attachment and Garnishment.security or endorser against princi-
pal . . . . 284service of levy on stock-holder, how
perfected . . . 291
stock-holder, interest of, attached, 291attachment returned, subsequent
proceedings . . . 283Sunday, issued on, what to be done 283swear, how agent or attorney may 279ten days substituted for twenty 291transfer of stock void . . 291traverse not to delay judgment on
declaration . . . 289under |530 returnable to justices'
court . . . .380vendor of land against vendee . 284vendor's judgment, lien of . . 284when not void . . . 287where returnable . . . 291who may issue, etc. . . 291witness may be examined, how . 290
Garnishee, answer of . . 287answer traversable . . . 282attend and answer, and at whattime . . . .288
bond of, judgment on, how enteredup . . . . . 288
continuance allowed . . 282failing to answer, case continued, . 282non-resident, how examined . 281
how served . . . 288officer's duty, serving summons 282property of, advertised and sold . 282refusing to deliver property . 282return made by officer on service ofsummons.... 288
when and where to answer . 291Garnishment, affidavit as to amount
claimed . . . 281affidavit, bond, summons, officers
must serve copy and make return 288affidavit of agent or attorney-at law 287appeal allowed . . , 282appeal, proceedings upou . . 283appeal, trial of . . . 282at common law . . . . 287bond to be given by plaintiff . 287case in justices' court . . 282damages . . . .
' 289defence, by defendant or attorney 283dissolved, how may be by defendant 288execution for amount of judgment 282how obtained . , . 287judgment against . . , 282judgment, final, against garnishee 282juries, oath of . . . 288levy, what must include . 282
. mechanics' wages exempt from . 292number and gender . . 288proceeds of sale, how held . 282process of money, how paid out . 288sale of the property . . . 282service of, same as attachment . 285summons of magistrate must issue 287
service of . . , 281of, to issue . , . 281of, when returnable . 287
Attachment and Garnishment.traverse, how tried .
verdict of jury .
Forni.^.
Advertisement by levying officer
Affidavit to obtain attachmentAnswer of garnisheeAttachment
moved for on SundayBond given by plaintiff
to dissolve garnishmentunder affidavit
Claim bond ....of property attached
Declaration in attachmentForthcoming bond given by claimantGarnishment, entry upon bond and
affidavit ....Garnishment pending suit, or after
judgment ....Making parties
Notice of defendant of the pendencyof the attachment
Oath in case of application for attach-ment against foreign incorporation
Order of sale of perishable propertyReplevy bondEeturn of officer levying attachment,and serving summons of garnish-ment ....
Summons of garnishment .
282282
294292295292296292298298297297293297
295
298296
296
296294293
295295
ATTORNEY-AT-LAW.Act of 1812 re-enacted . . 86Attorney, applicants from South Car-
olina . . . .87defaulting, stricken from roll . 89how admitted . , .89may not testify for or against
client . . . .91must answer in equity . 92non-resident, pay costs in ad-vance , . . .89
practising, may be justice of thepeace . . . 93
of Alabama allowed to practise 91study required, no particular time 89qualification of, from other States 90contracts, professional, when void 90costs, attorney liable for . 88
in certain cases . . 88defendant insolvent . 89plaintiff non-resident . 89
forfeiture for transferring fee note 90liability for contracts . . 91license, clerks' fee for . . 90judges superior court prohibited
from practising, except incertain cases . . 90, 91
qualification as to age not required 91
ForniM.
Certificate of character . . 92Commission . . . .92Form of application and admission 92License of an attorney from another
State or territory . . 93Oath of the applicant . . 92
i ,
r
846 INDEX.
ATTORNEY AND SOLICITOR-GENERAL,account annually with county treas-
urer .... 161annual reports must make . 160bond, where filed . . .160cases settled by consent . 162comp. gen. to report neglect of .160condiiions of bond . . 160costs, amount of. on settlement . 162defaulters may be imprisoned 160duty of . . . . 159elected by people . . .162election, time of . . 162fees, demanding in advance, punish-
able 162how commissioned . . 162may be ruled . . . 1 60
minor offences, may be settled 162must give boad and security 160must reside in district . .161nolle pros, none until fees paid 161vacancy, how filled . . 162when absent, may appoint /?ro few. 159when ruled, who may prosecute 160
Fornift
rSolicitor-generaPs bond . . 160
BAIL IN CIVIL CASES.action may be commenced . 138act of 1857, substantial compliance
with sufficient , . .142affidavit, subject-matter of . 131agent or attorney may hold to
bail . . . .137all bail special . . , 132amount of claims, plaintiff mustmake oath as to . . 131
amount of claim to be endorsed 132arresting, officer's duty where bail
not given , . . 136attachment and bail required on
Sabbath . . . .137bail-bond payable to plaintiff 138
as if required at commence-ment of action . . 136
in actions ex delicto . 141in actions of trover, <fec. 139required before debt due . 138
bond and security for maintenance 137cause may proceed in certain cases 142<ca. sa. issued against defendant 132clerk's duty . , . .135continuance, none allowed . 136declaration filed at appearance term 142•defendant, how dealt with . 136
not giving bail, to be convey-ed to jail . . .136
sherilt must arrest, and takebail . . ,142
defence allowed . . . 132>itinerent person, constable may fol-
low . .. . 135sheriff may follow . 135
judgment stayed . . 138keeper of jail must receive prisoner 137•new bail taken where principal has
been surrendered ^ • . 139
Bail in Civil Cases.
non-resident deft. , how served . 136deft., liability of . . 136
order for bail, granted by justice of
L C. . . . 141granted, effect of, in cases
sounding in damages . 142
pendente lite, bail, may be required 135proceedings permissive, not oblig-
atory . . . 142process and copy-affidavit served on
defendant » . 142clerk must annex . 135sheriff must serve . ,135when sheriff must execute 13d
refusal to give bail, deft, committed 132sci. fa. against bail . . 132security, liability of . . 140sheriff's duty ... 132special bail, sheriff made in certain
cases . . . .132surety or endorser making affidavit,
suit must commence . 142surety or endorser, discharged from
liability . . .143
Fornts.
Affidavit of plaintiff in trover . 140of surety . . . 143where bail required before
debt due . . 138requiring bail . .132
Bail-bond . . . 133Pendente lite . . . .136Bond for maintenance and prison
fees ..... 137
where new bail taken . . 138Capias ad satisfaciendum . .133Declaration in trover . . 140Endorsement on petition and process 138Exceptions to bail-bond . .133Exoncretur . . . 184Order by justice of inferior court . 142Recognizance . . . 141
Return by the sheriff on back of writ 133^S'ceVe/acMS against bail . . 134Surrender of principal by security to
sheriff . . . .133The declaration . . .148
BANKS AND INDIVIDUALS— STOCK-HOLDERS.
Banks refusing to pay specie must payten per cent, damages . . 768
Stock-holders, liability of, how longcontinue . . . .768
BASTARDY.adultery, {parties guilty of bound
over . . . S37bastardy, bond how recovered upon
and appropriated . 538bond when and where re-
turned . . . 538exculpatory testimony . 538
father, proceeding against . 537women failing to comply with
«,c>t . - . 537
INDEX. 847
Bastardy.Forms.
Bond given by defendant to appear at
superior courtBond given by the mother of a bas-
tard child
Bond of indemnity given by th-e re-
puted father
CommitmentExamination after the birth of a
child ....Yohmtary examination of a woman
with child of a bastard
Warrant against reputed father
Warrant to bring a woman suspected
of bastardy before a justice of the
peace . . . .
541
641
540540
588536
539
BILLS OF EXCHANGE.&fC.]
[See SpeciaWes,
BIRTHS MAY BE EECORDED.to be registered . • 769clerk's fee for registering .
*769
must register as required . 769registry made evidence . . 769
BONDS. [See Specialties, Sfc]
BRIDGES. [See Roads, Sfc]
BURYING GROUNDS.injuries to, how punished • . 769may be reserved from sale . 169must be protected . . 769
CAYEAT. [See Wills, Sfc]
CERTIORARI AND INJUNCTION.act of 1811, 5th section repealed . 180certiorari, bond and security given
on application for . 179clerk must keep docket 180costs, certificate of payments, 179damages allowed for frivolous 183final decision, judge maymake . . . 181
how applied for and granted 178petition for, how directed . 180none granted unless support-
ed by affidavit . -183supersedeas . . 181tliree months allowed to ap-
ply for r . .184writ how to be had . 180writ of clerk to issue . 180writ of, when returnable , 180writ, sherilf must serve . 180
injunction, bond and security on ap-plication . . 179
judge may grant, at discretion 180judge may not grant, out of
his district . . l79, second may be granted . 180
not to be granted, when 180service of rule on non-resi-
dent . . . 179surety must justify . 179
Certiorari and Injunction.
when argued, amended, etc. 179
Forms.Bond of the applicant for certiorari . 181
Certificate of the payment of cost 182Exceptions presented to court . 178
Notice .... 184Notice to the opposite party . . 179Petition for certiorari . . 181
Return of tlie justices of the peace 183
Writ of certiorari . . . 182
CHANCERY . . . .163
CHANGE- BILLS, etc.
act of 1810 repealed, in part . 770each issue a new offence . 770grand jury present ofltenders . 770innocent holders exempt . 770making and issuing change-bills,
how punished . . . 770solicitor-general prosecute . 770who liabltj .... 770
CHURCH LOT, SUED FOR . . 497
CITIZENSHIP AND RESIDENCE.affidavit must be made . . 440party plaintiff, who may be . , 440petition for process and service 440proved, what, on trial . . 441residence, hov/ determined . . 443special jury, question tried by . 441
superior court to have jurisdiction . 440verdicts, two concurring . . 441
Forms.Affidavit of the plaintiff . . 441Answer of the defendant . . 442First verdict of the jury . . 44iJudgment of the court . . 442Petition under statute of 1840 , 441
Second verdict of the jury . . 442
CIYIL JURISDICTION, JUSTICES' COURTact of 1811, 5th sec, partly repealed 259account, how proven, . . 273appeal allowed . . . 254
appeals tried by jury . . 255bail . .
"
. . .256bond, note, etc., denied on oath in
writing . . . 257
certiorari sustained, how costs recov-
ered . . . .271claimant, give bond . . 255
make affidavit . . 255
claim, trial of, continued . 256
claims .... 255commission returned, party must
swear.... 256constable a part}'-, who may act . 259
advertise sale . . 258neglect of duty of . . 258none in district, who may act 259not to levy on negroes and
land . . .258compensation allowed to 258
848 INDEX.
Civil Jurisdiction, Justices' Court.
constable, how punished for neglect 258must levy all j^. /as. . 258sales, how and where adver-
tised . . . 272sales when and where made 258
continuance allowed . . 274for one term only . . 25Gwhen allowed . . 255
costs, execution to issue for . 272of ca. sa. collected of defend'
t
275paid before ca. sa. issued 275
debts reduced, recoverable . 254deftiulting witness fined . . 256defendant's claim, if over $50. to be
credited . ' . 273point out land and negroes . 272removing . . . 257
evidence required . . . 255execution, backing . . 257
stay of . . . 277stayed GO days . . 277
fees for establishing lost papers . 276
Ji. fa. returned '"No property,"plaintiff liable for cost . 258
fines, how disposed of . . 256indictment, how tried . . 257interrogatories, how executed and
returned . . . 256how taken out . . 256how returned . . 275returned by mail . . 275
joint-obligors, in different counties,
may be sued . . . 255judgment . . . 254
binds all property of defend-ant . . . 259
of equal dignity, of superiorand inferior courts . 258
juries, how drawn . . 259justices to draw , . 259method of drawing '
.
256jurisdiction as to amount . .270
$50 . . . 277of . . . . 25410 days' residence gives . 257
juror, defaulting, fined . . 256number to be drawn . 256
jury, fee of, by whom paid . . 257how made up . . 257oath of . . . 257
justice, a party . . . 257a party, who may act , 259may fine and imprison for
contempt . . 259none, another may act . 257
lost papers how established . 274(not in suit) how established 275
inal-practice, justice indictable for 257may be held on several days . 278new trial had, how costs recovered 271notes and accounts not to exceed 277oatli of party—when allowed . 255
person in justices' court . 259papers must be connected with some
suit . . . .274party removing'^ out of county, ac-count proved where contracted . 270
Civil Jurisdiction, Justices' Court.
party signing obligation as security,
control fi. fa. . . 270may settle or withdraw cases 258
payment endorsed . . 254plaintiff, affidavit of, denied . 270pleadings amended . . 278practice, uniformity of, in . . 270principal first sued . . 272proceedings when and where had . 255promissors may be sued . . 255punishment.... 257security paying oEfi.fa., to control 257set-off allowed, judgment for deft 273sets-off .... 255several demands may be sued for . 273solicitor-general must prosecute 257stay of execution . . 254subpoenaed, witness must be . 256summons issue and bear date 10 days
before court . .272served 9 days before court 272
term, first, to be appearance term 270second, to be judgment term 270
warrant and summons how served 255witnesses, how many paid . 256
must attend . . . 256non-resident, to be paid . 256
Forms. Justices' Court.
Account of the plaintiff . . 271Affidavit of the defendant . 271
of the party . . 274, 276to appeal without paying
costs or giving security 262Appeal bond given by defendant . 262Capias ad satisfaciendum , . 275Constables' advertisement . 264
bill of sale . . .264Copy of paper lost by party . 274
lost by the magistrate . 2 7the account . . 278the lost original . . 276
Judgment of the court . . 261Names of the jurors to be summoned . 262Oath of the pi' tiff to prove his account 261Petition to establish lost paper . 276Plea for the defendant . . 260Ketxun of the constable . . 260Rule absolute . . . • . 277
nisi. . . . 276Stay of execution . . . 262Subpoena for witness . •. 260Summons for jurors . . . 263
in justices' court, againsttrustee of married women 278
The usual form of judgment of thecourt (held to be sufficient) . 261
Verdict of the jury . . 263Warrant or summons . . . 260^Yrit of fieri facias . . . 263
Interrogatories.
Answers to the cross interrogatories . 268to the direct interrogatories 268
Commission . . . 266Cross Interrogatories . . . 267
INDEX. 849
Civil Jurisdiction, Justices' Court.
Direct interrogatories . .^2G7
Directions for executing interrogatories 268
Proceedings against Defaulting Witness.
Answer of the witness . • 266
Order nisi. . . . .265Eule absolute .... 266
Claim Cases.
AfiBdavit of claimant . . 264
Bond given b}'^ the claimant . . 265
Forthcoming bond in claim case . 265
CLAIM".act of 1799 repealed . . 144
agent or attorney may claim . 146
appeal, eitlier party may . . 144
bond, condition of . . 143
forthcoming, under claim . 146
claimant, give bond and security 143
not to discontinue claim but
once . . . 144to make oath . . 143
claims, damages on, how assessed 145officer must return . .143to be tried at first term . 143
damages, additional oath as to . 143jury must award . . 144
death of plaintiff, party how made 145letters must be produced . 145
execution, justice's, when levied onslave, where tried . . 145
judgment, who entered up against 145land tried in county where it lies . 143
party to be made, notice must begiven . . . . 145
proof, burden of . . 144
Forms.Claimant's afifidavit . . . 144
bond for damages . 144Forthcoming bond under claim . 146Issue in claim case . . 146Judgment for damages and costs . 147
of the court . . 147Oath of the jury . . .147Verdict of the jury . . 147
CLERKS SUPERIOR AND INFERIORCOURTS,
clerks, bond and security . 62inferior court to record con-
stables' bonds . . 64
may administer oaths . 62
may appoint deputies . 64minor deputies" acts legalized 64
must be sworn . . 62must record proceedings . 62
neglecting duty, how pun-ished ... 65
not allowed to practise law . 62oath of office . . 62of both courts may be same
person . . .62office within one mile of
court-house . . 63
penalty for neglect . . 63
54
Clerks Superior and Inferior Courts.
responsible for deputies . 64
deputy-clerk, papers signed by, good 65
process signed by, valid . 66
evidence, certified copy . . 66
fi. fa. paid, clerk to enter in docket
"book . . . . 66
satisfaction docket kept by clerk . 66
to be entered on judgment . 66
scire facias to make parties . . 65
seals, clerks must procure . 64
treasurer to pay for . . 64subpoena docket must be kept . 66
Forms.clerks' bonddeputy-clerks' bondscire facias to make parties .
CODICIL. [SeeTFi7Z, ^c]
COMPUTATION OF TIME,how time is to be computed
626365
781
CONSTABLE. [See Just, of Peace Sf Const.}
CONTINUANCES.not allowed when party admits
what is expected to be proved 764
providential cause, for, works nodetriment . . . 764
CONTROL. [See Execution, Sfc."]
CONVENTION TO BE CALLED.elections, how held ._ - 782
governor issue his proclamation 782
number of delegates . . 782
officers. .... 782
proclamation to order election of
delegates . • • 782
returns how made * • . 782
$20,000 appropriated to defray ex-
expenses . . • 782
CONVEYANCES. [See Deeds, Sfc.\
CORONER.constable's duty . . • 565
juror failing to attend, fined . 565
oath of . . . .564oath of, amendment to . . 564
precept for summoning jurors . 565
report the constable for neglect 565
sudden death, take inquest of all 565
bind over witnesses . . 566
bond and security of . . 566
certify proceedings . . 566
charge the jury, and nature of . 565
dead body removed . . 567execution, illegal, tried in what
court .... 567evidence reduced to writing . 566fees for collecting executions . 566fee for issuing y^./a. . . 667inquisition may be returned . 566issue execution for his fees . . 567
850 INDEX.
Coroner.jury, nnmber of .
neglecting duty to be fined
oath of foreman .
jurors
witness . . .
posl mortem examinationsummon jurywitnesses may be summoned
Forans.
Affidavit filed by defendantAn inquisition in case of voluntary
manslaughterupon one who cuts his throat
who dies in jail .
non compos mentis
hangs himselfdrowns himselfdies a natural deathwhere the murderer is un-known .
Certificates of the coronerCharge of the coroner to the juryCommission of coronerCommitment of coroner . - .
Coroner's bondwarrantwrit of Fieri Facias
Evidence taken on an inquisition
Fi /a. against defaulting jurorFor killing another in his own defenceIllegality of executionInquisition for murderPhysician's bill
Precept for summoning jurors
Kecognizance of witnessSummons for a juror .
Subpoena of witness
CORPOKATIONS, ETC.act of 1818 extended
1843 extended .
assets, must be exhibited
banking and insurance privilegesprohibited
contumacious officers, punishment ofeffects of dissolved, how disposed of
execution levied
of bond, plaintiff not to proveillegality, defendant entitled to
judgment against
newspaper, evidence of service
nmi est factum filed, plaintiff mustprove execution
notice weekly for four weeks, of suit
against ....original process, service how madeoyer demanded .
petition for .
powers of
president, execution against
failing to furnish list of stock-holders
receiver, judge may appointofficers account to
statute of 1841, how construedstock-holders liable as partners
568r)66
565565566567567
566
571
576574574574573573574
575576572568570568569570576571575570572571560569571569
227224227
223227226226226223222222
226
22222222622.3
223222
222226226223223
Corporations, etc.
stock-holders, list furnishedplead and defend
term of incorporation 14 yearswrits, how service perfected
Forms.Citation by the clerk .
Complainants' affidavit
Order of incorporation
Petition for incorporation
COSTS. [See Fees, .^r.]
COUNTY FUNDS AND EECORDS.court-house and jail, where and bywhom erected
defaulters, executions againstfines and moneys appropriatedinferior court examine as to countymoneys for building court-houseand jail . .
'
.
inferior courts inquire into conditionof jail
new districts, applications for .
new districts, inferior courts layoutold districts, inferior courts change
lines of .
new district, governor informed of
report to be recorded
surveyors employed and paidtax, former laws repealed
County F. Books open for inspection
book of accounts exhibited to grandjury . _ . . .
clerks inferior court, compensationcounty officers to keep book of acct.
county treasurer fined for neglect to
exhibit book .
defaulting clerk, proceedings against
entries in book of accounts, howmade ....
exhibit to be recorded .
forfeiture for neglect to exhibit
statement of . . .
neglect of duty, penalty for 378,
paid to county treasurer
receipts, book of, submitted to grandjury . .^ . 378,
receipts, fees for entering
receipt for moneys, clerks of inferior
courts ....receipt to be filed with clerk superior
court ....statement of certain moneys, clerks
of courts to exhibit annually 376,
County Records, bond and security of
copyist required .
clerk may be ruled
copying, let out to lowest bidderdamages recovered .
defaced, to be transcribed
defaulting clerk, suits against
destroyed by fire, again recordeddestroyed by fire, held to be legally
recordedgrand jury inspect, and present de-
linquent clerk
222223223223
225225224224
381381
382
381
381383382
382383382382382380
380379380
380377
380377
377379377
379378
377
377
378
379379379379378379381
380
379
INDEX. 851
County Funds and Eecords.incomplete, completed, and how . 379inferior court furnish books . 376kept in well-bound books . . 376liability of ex-ofhcers . . 376proof or', how ascertained . . 381
schedule of books delivered to suc-
cessor . . • . 376books to be annually re-
corded . . . .376
COUNTY OFFICERS. [See State and County
Officers. ]
CRIMINAL JURISDICTION, JUSTICES', COURT.assault and battery . . . 240attempt to violate the peace, addi-
tional proof received . . 245bond for surety of peace, magistrate
must return . . . 244bond, returnable to what court 214bond to prosecute, must be given 248costs, at discretion of justice . 245
prosecutor to pay . 245judge, duty of . . . 245justice of inferior court, exercise
jurisdiction . . . 254party arrested, introduce proof 245prosecuting officer, duty of . . 245rules of law, to be carefully ob-
served .... 253
Forms.
Affidavit of the injured party . .' 240for warrant to keep peace 233
Appearance bond given by the accus-
ed .... 241Backing warrant . . . 252Bench warrant . . . 248Bond and security to keep peace . 244
for appearance of indicted
person . . 249for appearance of witness in
an indictment . . 249for good behavior and futureindustry . . . 250
to prosecute . . 248Certificate of the justice . . 253Commitment (where party fails to give
security) . . . 241for felony by two justices 247
Constable' s return endorsed on warrant 240Examination of accused, to which hemust not be sworn . . . 252
Information of a witness . . 252Recognizance to prosecute and give
evidence . . 245to appear and give evidence 242with sureties . . . 251
Supersedeas ... 245Warrant . . . . .240
for affray . . 242for burglary . . 246for good behaviour . 243for rape . . . 251lor vagrancy . , 250to keep peace . . 243
CURRENCY.accounts to be kept in dollars and
cents .... 768coin to pass by tale . . 768verdicts to be in dollars and cents 768
DEADLY WEAPONS.act of 1837 repealed . .771carried open and exposed to view 771pistols not to be carried but in a
certain manner . , .771violations, how punished . 771
DECLARATION, PLEA, ETC. . 37absent defendant, how may be noti-
fied, .... 54action brought against representa-
tive after twelve months, 48commencement of, when . 55
answer amendable . . 36dilatory, plea must be un-
der oath, . . .36no part to be stricken out, 37
continuance, but one by either party 36consideration, partial failure of, . 43costs on scire facias, how taxed, . 55deceased obligor, representative of,
how sued, ... 48declaration amended . . 48defects, formal, amendable instanter 37defendants' answer . . 3&
appearance . . 36failing to appear, judgment
by default . . .36residing in different counties,
how sued . . 36dismissal to be entered by clerk . 55execution levied, on what property 56figures may be used . . .47infancy, plea of . . . 41interrogatories, exceptions when to
be made on appeal, etc. . . 54judgment against co-partner, how
rendered ... 48mesne profits, action for, by de-
fendant, how brought . 49count for, added in decla-
ration . . . 49included in writ of possession 49no separate action for . 49
minors supplied with necessaries . 41misnomer amended instanter . 40non-resident defendant, how served
with set. fa. . . .54non-suit, no, for want of form . 37, 47
not allowed for formal vari-
ance . . .47note, &c., must not deny except un-
der oath ... 36oyer may be demanded . . 46
party, omission of, when partners,
etc. . . . .40petition and answer, sufficient to
carry cause to jury . . 36matter of form amendable 36plaintiff's, what it must con-
tain ... 35
852 INDEX.
Declaration, Plea, etc.
plea of partial failure, when allow-
ed .... 42pleadings, amendments as to formand substance may be made . 54
process annexed to petition by theclerk . . .35
how directed . . 35
how served on defendant's
property iu adjoining coun-ties . . .53
sheriff interested, how di-
rected . . .36void ... 36
process when cannot be served . 35when served . . 35
property in adjoining counties • 53increase of, recovered in same
action ... 48joint, one joint tenant, etc.,
may sue . . .54joint, who not affected byjudgment . . 54
what may be levied upon . 48
special pleading not allowed . 37
suit may be dismissed by plaintiff in
vacation . . . .55survivorship between joint tenants
abolished . 57in personal property abolish-
ed . . . .57trust estate, force of justice's^. /a. 56
in a justice's court . 56judgment, extent of . .56liable at law . . 55no trustee, who made de-fendant . . .56
suit, how instituted . 55
Forms.Answer of def.
,plea of general issue . 45
infancy ... 41misnomer . . .40ne unques executor . 43non estfactum . . 39partial failure of considera-
tion . . , 43plena administravit . . 44plene administravit prceter . 44set-off . . .42statute of limitation . 41total failure of consideration 43the jurisdiction . . 39
Declaration ... 37bill of particulars . . 57in superior or inferior courts 56endorsement by the clerk 39of second or subsequent en-
dorser against maker andfirst endorser . . 38
process annexed by the clerk 39return of the sheriff . . 39
Ejectment, action of . . 49consent rule . . .51entry by clerk on back of
writ ... 50judgment of the court . 52notice to appear . . 51
Declaration, Plea, etc.
Ejectment, plea of the defendantprocess annexed by the clerkservice by the sheriff
verdict of the jury .
writ of possession
return by the sheriff
Form of action, breach of warrantyland and mesne profits
note, bill, bond, etc.
on accounton a judgmentpersonal propertyslander
Note given in evidenceconfession ofjudgment by thedefendant
judgment of the court
verdict of the jury
5251
515252534746464647464745
454545
DEEDS, ETC., KECORDING.Acknowledgment, commission admin-
ister oath.... 394commissioner for taking, how ap-
pointed .... 394commission, oath of . . 394in foreign countries . . • 897
Bills of sale, how proven and recorded 409improperly recorded, evidence in
certain cases . . . 398may be recorded . . . 396
Contracts, who may be witnesses to 397Conveyance, acknowledgment, judge's
fee for signing . . . 385attested by one witness, admitted as
evidence .... 393
attested by one J. of P. and record-
ed, valid . . . .389by agent or attorney, valid . 384
defects, formal, not to vitiate . 386
dower in certain lands . . 391
execution of, derived under oath 410
copy made evidence, original ac-
counted for . . . 390
fees for recording . . 387
form of, for relinquishment of do\w-
er . . . . 385, 387
how to be made and registered . 385
how wife join husband in making 385
informalities notwithstanding, val-
id . . . . 390, 391
in tail, to vest a fee-simple . . 390
lands of husband, widow not enti-
tled to dower . . . 391
lease and release, form of, continued 387
letters of attorney, by, valid . 388
mode of establishing, lost duringthe revolution . . . 388
not recorded in time, made evidence 391not recorded, may be recorded . 391of land by husband to be acknowl-edged by wife . . . 385
original lost, copy may be used 391personal property recorded 389, 390recorded, copy of made evidence . 390requisites of, in their execution 387
sheriffs' sales, bar dower . . 391
title and residence of witnessing party 388
INDEX. 853
Deeds, etc., Recording.valid in law, of husband and wife
validity of, how settled
vest a fee-simple in the taker .
vested rights protected
Deeds, Act of 1838 extendedattested by clerks
attest, execution of, who may attest
and probate, when may be recordedcertain, made valid .
certified copies used where originals
lost ....execution of made in other States,
how provenfraudulent, clerk may refuse to re-
cordissue to be tried .
gift of slaves, how madelaw of evidencelost or mislaid, recorded, but time
not appearing—evidence .
judge and clerk's certificate
made evidencenon-resident witness, how sworn to
not recorded, may be in certain
time . . . 395,
of sale, recorded in secretary's office
in ten daysofficial signature authorizes recordproven before clerk of superior
court ....recorded at any time
but not in time, evidencetime for recording extended
made indefinite
two or more, which preferred .
witnesses dead, hovi,^ recordedinsane or dead, recorded on
proofof handwriting of wit-
nessesExecution, purchaser at sheriff's sale
may have, recordedMarriage settlements, already made,
recorded in twelve monthsfailing to record, invalidhereafter made, recorded in threemonths ....
relinquishment of dowerMortgages, already made, legalized .
equity of redemption, barred in cer-
tain cases
dower, right of, protectedfuture, how admitted to recordhand-writing of witness, proofofmore than one, method of proceed-
ing ....personal property, out of State,
when to be recordedhow and where proven andrecorded
recorded in twelve monthsunrecorded, lose their lien .
when lose their lien
Perjury or false swearing may be as-
signed ....Powers- of- attorney made in other
States, how proved in this .
Probate before notary public, valid :
385387390391
399
397400390395
395
399
400401396400
397401401
401
398
386399
399395395395396396396
397
398
398398
398387392
386386392392
386
393
392392393393
400
388400
Deeds, ETC., Recording.Recording bills of sale—continued for
2 years . . .384commissioners and partitioners of
land may administer oath to eachother . . . .400
conveyances, when and where to be 383deeds and mortgages, fraudulent . 383
and wills, already—deemedlegal . . .384
deeds, other, within 12 months . 383
in clerks' office of superior court 383
mortgages, within 3 months . 383time for, extended . . 389
ForniN.
Administrator' s bill of sale . .411deed . . .407
Affidavit of witness . . . 402Articles of assignment . . 414Assignment of a lease . . . 414Bill of sale of personals . . 409
.
Bond for titles to land . . 411Certificate of the mayor . . 402Commissioner's certificate . . 395
oath . . .394Deed of gift . . . .404
of lease . . . 412'
of release . . . 412of trust . . .408
Executor's bill of sale . . • 410deed . . . 406
Marriage settlement . . . 417Notice of levy by sheriff . . 406Power-of-attorney executed before a
notary public . . . 403Power-of-Attorney from one to another
to be used in this State . • 402Power-of-attorney made in another, to
be enforced in this State . . 401Probate of witness . . . 404Quit-claim deed . . . 405Relinquishment of dower . . 416Sheriff's bill of sale . . .410
deed . . .405under tax-collector's ^. /a. . 413
Trustee's bond . . . 418Warranty deed . . . 403
DEPUTY SHERIFF. [See Sheriff, ^c]
DISTRIBUTION OF ESTATES. [SeeEstates, <^c.]
DIVORCE.absent defendant, how proceeded
against .... 301absolute divorce, offending party not
to marry.... 301acts continued in force . . 303citation, service of . . . 300collusion or mutual guilt—no di-
vorce .... 303commencing suit, manner of . 300conditional divorce, husband not
subject to debts of wife . . 302default, judgment by, defendant not
appearing . . .301
854 INDEX.
Divorce.defence, manner of . . . 301issue not bastardized . . 302jury, authority of, in disposition of
property .... 301jurymen having scruples, to be dis-
charged .... 302may be total or conditional . 303parties relieved from penalties . 303petition, schedule of property filed
with . . . .302property, how disponed of . 302special jury, form of oath to . 302total, grounds for granting . 302
or conditional . 301, 303verdict, court to carry into effect 301
in total, form of . . 301
Forms.Answer of the defendant . . 306Citation by the clerk • . 304Judgment of the Court . . 306
in partial divorce . 307Notice where defendant is not in the
State..... 307Oath of the jury . .
*
. 302, 306Petition for divorce . . . 303Schedule filed by plaintiff . . 305Sheriff's return . . . 305Verdict or decree of the jury 301, 306Verdict or decree of jury in partial di-
vorce , . . . 307
DOAVER.account to ordinary must be made 310act of 1850, addition to . . 311application cannot be made under
3 months.... 310application for notice given to repre-
sentative of estate . .308,311application for, when made . . 308commissioners for assigning, how
appointed . . 308, 309must be sworn . . 308, 309oath of . . . 309
executor to hold property in trustfor widow.... 310
five freeholders form commission 309issue found tried by jury . . 308lands in city or village, how meas-
ured . . .309in different counties, applica-
tion in each . .308more than one tract—widow
select . . . 311money instead of, may begiven . . ' . 310, 311
parties, notice given to . . 309return made to next term of court 308
to be conclusive, unless wrong 308wrong, another writ shall is-
sue . . . . 309right to, may be traversed . 308seven years allowed to apply for . 310surveyor employed . . 309surveyor's payment provided for . 309widow have, or one-third of proceeds 310
interest paid to . ,310
Dower.widow make her election where . 310
money paid to . . 311
Forms.Appointment of commissioners . 313Issue found upon the return of the
commissioners . . . 315Judgment of the court on return 316Notice of application for dower . 312
of commissioner to party in
interest . . . 314Oath of chain-bearer . . 317
commissioners on back of
writ . . . 309, 314surveyor . . . 317
Petition for the appointment of com-missioner . . . .312
Return of the commissioner . 314Traverse of the right of dower . 313Verdict of jury on traverse . 313
on return . . 315Widow's election . . . 311Writ . . . . .313
of possession . . 316
with _/?./«. for costs, . 316
EDUCATION. [See Academies, ^c]
EJECTMENT, [^ee Declaration, Sfc]
ELECTIONS.acceptance of, made known . 461act of 1831 not to affect gen. assem-
bly, . . . .464ballots burned by clerk . . 470
numbered and sealed . 470to be by . . . 461
to be kept 60 days . . 470
blank forms, clerks to furnish mag-istrates . . . 471
governor to furnish . 471
case of tie, new election . . 461
challenged ballots to be marked 469
civil process null and void . 461
clerks to be appointed . . 461
conducted, when, where and how460, 463
congressional districts to be laid out 466congressional, when to be held . 468compensation of superintendents in
eastern district . . . 464constable act in place of sheriff 463
contested, how settled . . 470taking testimony . 475
contested seats, how conducted . 464
notice of intention . 464testimony, how taken . 464
day of, for president and vice presi-
dent . . . 468
delinquent clerk, how punished 470
districts, how established . . 468eighth district, what counties com-
pose .... 471
extra session, governor order an 468
failure, in case of, legislature mayelect . . .466
to elect . . .466
INDEX. 855
Elections.failure to return list of challenged
voters a misdemeanor . . 469fifth district, what counties compose 470first district, what counties compose 471form of oath in doubtful cases . 463fourth district, what counties com-
pose .... 470fraudulent, if by candidate, disqual-
ified . . .460if by justice, to be dismissed '460
fraudulent voters, grand jury to pre-
sent how they are to be punished 469freedom of, punishment of violator 460
not to be violated by arrest 460freeholders, three may superintend 460general-assembly, representatives for 460governor to count votes . . 461
to issue certificates . 461
to issue his proclamation . 461how and where to hold, for congress 466illegal voting, how punished . 467justices failing, freeholders may hold 465
of peace enforce laws . 464majority failing to attend, general-
assembly to be convened 466to fill vacancies . . 466
manner of conducting . . 463meeting of legislature . . 461oath, how taken . . . 469
form of . . .469in doubtful cases . . 463of out of county voters . 465of superintendents . 469of voters at . , , 465
out of county, voters in what cases 464penalty for failure to deliver list to
grand jury . . . 469on voters or superintendentsmisbehaving . . 463
polls, hours of opening and closing 464president, for, how and when . 462proclamation and commission of gov-
ernor .... 466qualification of representatives to
congress . . 461, 466, 467representatives, appointment of . 467
for congress . . 460residents of each district entitled to
vote . . .466only eligible as candidatesand voters . . .466
returns certified to governor . 463express, how paid . • 462express may be had . 462fraudulent, how punished . 460freeholders to sign • 463how and by whom made . 462of, how made up . . 461to be consolidated . . 462to general-assembly . 465
second district, what counties com-pose .... 470
seventh district, what counties com-pose . . . .471
sheriff, duty of . . . 463sixth district, what counties com-
pose ... . . 471
Elections.
superintendents, duty of . 463to meet and consolidate re-
turns . . .463who . . . 463
tally-sheet and names of the candi-
dates . . . .473tax, proof of payment of, and resi-
dence not required . . 467third district, what counties com-
pose .... 470time of closing polls . . 467under act of 1850, valid . . 469vacancies, writs of, to fill . 461
how filled . . . 467vice president, for, how and when 462votes for electors to be counted . 460voters, list of, for grand jury . 469
list of, to be filed in clerk's
office . . .457who entitled to vote at . . 462writs to fill vacancies, how directed 461
Forms.Common oath of voters . . 472Consolidated return . . 473Contested elections, notice of contest-
ant . . . . . 474Credentials . . . 473Election for governor, consolidated re-
turns .... 475List of voters . . . 473Notice to prove illegality of a vote . 475Oath on voting out of his county 472
taken by superintendents . 471Proclamation by president of senate 476Special oath of voters . . . 472
ENTRY AND DETAIJSER. [See Forcible
Entry ^ efc]
ESCHEATS.Escheator, advertisement by . . 556
certificate of judge recorded . 556claim, how tried . . . 557
in what time . . 557claimant, none, what done with
proceeds . • . . 557creditors, rights of saved . 567defaulters to pay money . . 560duty of . . . , 550inquest of escheated property . 556must give bonds . . 556not to purchase escheated property 558oath of office of . . , 556pay money into court . 560, 563penalty on, for purchasing escheated
property .... 557property heretofore escheated . 557sales of, formerly made, valid . 562sell devised lands in certain cases 562shall sue for property . . 557
Escheats, act of 1836 saves rights of
heirs .... 563act, perishable articles subject to 662Chatham County excepted . . 563creditors, how paid . . 560duty of court of ordinary . . 660
856 INDEX.
Escheats.Escheats, forms of proceedings, judges
to prescribe . . • 563
money paid to county treasurer 563
to county funds * . 563
notice given to creditors • 560
oath of jury of inquest . . 562
on trial of claim . . 563
personal property, when . .562
Forms.Advertisement by the clerk . . 559
Appointment of appraisers • 561
Bond of Escheator . . . 559
Escheator's sale . . . 560
Notice of escheator . . • 559
creditors . . . 562
Oath of appraisers . . . 561
Process for the sale of the property 559
Return of appraisers . . • 561
escheator . . . 559
Sale of alien's property . • 561
ESTATES, DISTRIBUTION OF.Estate, advancement brought in and
accounted for . . 747
partial, brought into hotch-
pot . . . . 747
to child and children . 747
distribution of, how made . . 750executor not required to give secu-
rity, when.... 751
executors removing . . 751
feme covert, etc., how inherit . 749
how descend in case of no widow 750
husband administer for deceased
wife . . . .748husband's rights to wife's share of 749illegitimate children, how inherit 749
of widows . . 750
illegitimates, how distributed . 750intermarriage, inherit from last 749
child ....intestates, distributing same . 746
manner of considering . 746next of kin . • 747who and what order inherit 746
mortgage extends to mortgaged pro-
perty . . . .749mother inherit from last child . 748
non-resident heir-at-law . . 750notice must be given of application
for refunding . . . 750property, how valued . . 747
questions touching errors tried in
courts . . . .751real and personal . • 747refunding bond . . .750widow takes all deceased husband's 748
share in benefit of advance 747
written notice to parties out of State 751
Forms.Distributer's petition . . . 752Notice of distribution . . 752Oath of freeholder on back of order . 753Order under distributer's petition 752Refunding bond . . . 754Return of freeholder . . 753
ESTRAYS.accounts, clerk's duty in rendering 580act not strictly observed, party liable 577
advertised, certain before tolled 578, 580advertisements, by whom paid for 581
clerk's fees for . . 581appraisement, warrant of, to issue 571
book to be kept by clerk for adver-
tising .... 581
cattle, sold after three months . 587certificate, copy of affixed to court
house . . . 578entered by clerk . . 578
claim, how disposed of . . 582how made and returned . 581
clerk's compensation . . 580clerk to sell . . .579conveyances under levies, void . 582
copy of proceedings kept . 578costs, how paid . . . 582disposed of, how • . 577
duty of clerk in regard to taker-up 578fraudulent levies punishable . 582
horses conveyed to pound by taker-
up ... 578
when, where and how sold 578issue made up and tried . . 582justice and clerk failing, forfeiture 580
justice's duty . . 577,578fees . . .579,580
levied on, claimed by taker-up for
county .... 582
money, how disposed of . 579
paid over, if claimed within
two years . . • 579
must be produced in good order , 579
neat cattle not sold under three
months .... 582
notice given to clerk of levies on 581
owner not appearing, sold . . 579
pound erected . . . 578
provisions of act strictly observed 577
returns made to clerk of inferior
court . . . _• 578
selling for own use, party forfeit
double value . . • 577
stallions running at large taken upand gelded . . • 577
taker-up claim for county . 681compensation to . . 579
delinquent, forfeiture . 580forfeit for neglect . . 578may put to service . 579nesjlecting duty, how pun-
ished . . .579notified of levy . . 582oath of . . . 578receive compensation for keep 579
take up, who may . . . 577tolled, if not claimed, when . 578
Forms*
Affidavit of taker-up . . . 584of taker-up and freeholder 584
Certificate of the justice . . 584Estray notice by clerk . . 585
by taker-up . . . 584Issue . . . . 586
INDEX. 857
ESTRATS.Judgment .... 686Notice by the clerk . . 584
to the clerk . . .582by the constable . . 585by the taker-up . . 585
Oath of appraisers . . . 583of taker-up . . . 583
Keturn to appraisers .* 583
Verdict . . . .586Warrant to appraisers . . 583
EVIDENCE. [See Testimony.']
EXECUTION, CONTROL, ETC.Control, endorser to have . .157
from responsible co-security 155payment by subsequent endorser . 158right to, must be shown . 155separate action against surety, he 156security controlling fi. fa., collect
pro rata . . . 155paying off Ji. fa., to , 154special defence, neglecting . 155to have, against co-security 155
sureties sued separately . . 157Execution act of 1857 extended to city
courts . . . .158affidavits of illegality amendable 151
alias, judge may order . .158bank officer's duty . . 154bank stock, constable's duty . 153
how levied on . . 153sold, certificate given by sheriff 153
subject to . . .153ca. sa. not satisfied, fi. fa. to issue 152
returned, fi. fa. to issue . 152constable may levy against sheriff 156continuance allowed . . 152defendant may point out property 152delivered to the security making thepayment . . . .154
endorsers, how reimbursed . 157
reimbursed out of principal 158
fi. fa. may be superseded . . 159how issued and levied . . 152illegal . . . .149
bond discharged . . 151forthcoming bond, how given 151levy must be made . . 151other j'?. fas. may be levied 151
illegality, how returned . . 151may issue upon application . 159not required to be renewed . . 152payment by surety, pending suit 158property delivered, defendant dis-
charged . . .152in defendant's possession first
sold . . .152sold on issue of ^. fa. . 152
purchaser, bona fide, protected . 155sheriff's sales, under, how conducted 149surety designated as such . . 156
paying off, return of "noproperty "
. . . 158transfer by defendant void after
judgment . . . .154two securities paying off hold jointly 1 54
Execution, Control, etc.Forms.
Affidavit of illegality .
BondEntry by collecting-oflBcer
Forthcoming bond .
Issue formed on affidavit of ille§
Joining issue . .•.
Judgment of the courtOrder of the courtSurety against co-security .
against principalVerdict of the juryWrit of fieri facias
151,
;ality
150158156156150150150156157157150152
EXECUTORS, ADMINISTRATORS ANDGUARDIANS.
Administration, real and personal estate
of wife
rules for granting .
Administrator and guardian's bond, in
various forms validwhen and where recordedvariance in, no detriment
Administrator's bond, condition of,
will annexedamount ofbond of . , .
to whom payablewhere recorded, how payable
698,conditions of bond and how payable
699,de bonis nan made partydistribution made in 12 months .
mismanagement, what donemust make distribution .
ordinary failing to make bond, liablereal estate of free persons of colormay be sold
second distribution in two yearssecurity may be relieved . 699, 709service of rule, how perfected, Davis
county ....widow marrying again .
Executor's accounts, annual, made outaction for tort in certain casesact of 1820 not retrospective as to
bonds1799 partly repealed 703
additional compensation allowedall produce returnedadministrators' and guardians' bonds
how suedaccountable for real value of
estate
allowed 10 per cent, on all in-
terest
allowed 2J per cent,
commissions, how dividedcommissions, when not al-
lowedcompensation, addit'n'l, howrecovered .
defaulting, liability ofproduce estates to appraisers
all guardians give bond and securityall real estate of certain persons sold
694694
731727732
698739.
698698
727
709726691
726691699
739691
726699706745
695737734743695695
690
692692692
692
692691690724726
858 INDEX.
Executors, Administrators and Guardians.and trustees' inventory recorded . 744
may sell property , 744annual returns must be made 69G, 715application for guardianship . 735appraisers return appraisements 690
oath and duty . .691appraisement, in what time made
697, 689
benefits of act 1812, extendedto . . . . .786
bonds o^", various made legal . 713, 731
both parties die, titles how made . 709clerk becoming guardian, gives bond 724
fined omitting to keep docket 722chargeable with real value . 690commissions on returns made . 757continuance allowed . . 696
copy, evidence where original lost 729of letters of, to be filed . 744registered license, evidence 710
costs in certain cases . . 743court correct abuses . . 706courts direct investment of funds 732
to execute titles . . 702relieve securities . 715
cotton included in returns . . 743creditors neglecting to give in debts 699de bonis non made party . . 745debtor appointed, not released from
debt . . . .691debts of employees first . 700debts, order in which paid . . 699delinquent . . . 691discretion of in management . 723dying chargeable, Avhat may bedone .... 707
estate produced in sixty days . 690execution against principal returned
mdla bona . . . 695property of principal . 695when paid by principal, he to
have control . . 695extra pay and expenses, travelling
out of county . . . 739failure of master of apprentice,
power .... 707final receipts recorded, and made
evidence .... 729foreign transfer, stock, etc. . 743
Guardians' bond and recording . 720fees of clerk for examining . 720make returns . . . 720must qualify . . . 719natural, bond and security . . 722illegitimate children have guardian 726in other States, bring suits in this, 737, 738insolvent or doubtful debts . . 734paper, not advertised . . 743
required to give security . 709in own wrong liable . . 700issuing^. /a., judge to direct . 746Jews, marriage license directed to 713lands divided by county line . 733legatee and distributee, how may
sue .... 695letters of admin, may be granted,
715, 724, 736
Executors, Administrators and Guardians.letters dismissory against minors,
not final . . .736dismissory, how granted to
guardians . . . 724
liable to court where returns made 737may pay attorney's fees . . 735
qualify, under circumstances 713resign . , . 740resort to remedies . 7-38
mismanagement or waste . . 721money in hand, applying for dis-
mission . . . .731no commissions allowed in certain
cases .... 738no interest but such as will ex-
presses .... 727none appointed, who entitled to ad-
minister .... 697non-resid't guardian, sell real estate 731sue for property . . 730qualification . . . 730receive property . . 730what must show . . . 730notice to debtors and creditors 699
of making titles not neces-
sary . . . 703of sales must be given . 723
oath of, with will annexed . . 698order of court suflBcient in making
titles . . . .737ordinary, bind out orphans . 707
fees for applications . 736inquire into estates . 70^^
keep docket of names of . 721
order sales of slaves . 728powers of, for production of
witnesses . . . 713wasting estates . . 706original jurisdiction of . 715keep record of . . 706
not allow estates wasted . 706
orphan, what he miist be taught 707party may qualify in vacation . 736pending suits not to be dismissed 696
personal property, how claimed andtried .... 714
person interested dissenting, execu-
tor not to make titles . 703left—qualify in one year . 713marrying parties—return on
license . . . 709suppressing will, fined . 698
powers of administrators de bonis non 733principal creditor, duty of, when
appointed.... 691
process, against defaulting . 706property of principal first exhausted 696
sold to best advantage . 709providential hindrance provided for 737rate of interest paid to . . 734real estate advertised, how claimed
and tried . . .714sold by order of court 723,733
receipt, every, made evidence . 729
recording receipt, clerk's fee . 729
regulating sales by . . . 709
relief of securities . . 709
INDEX. 859
Executors, Administeators and Guakdians.resigning, notice, petition and affi-
davit . . . .741resigning, fully to account . 741
retiring guardian, property in handsof . . • . . 724
return annual, made by . 706failing to make, loses com-
mission . . . 697
made by 1st Monday in July 737
of debts made . . 735to be recorded, and clerk's
fees.... 715rule nisi, how obtained and pub-
lished . . . .724sales, howlidvertised . . 691
scirefacias, on one or more of several
parties . . . 746
issued, defendant must ap-
pear . . . 159may issue . . . 159
security verify returns of absentprincipl .... 732
%ell real estate after proper applica-
tion and notice . . . 718service how perfected upon . 696
of rule, how perfected, rule
nisi. . . . 727slaves when not to be sold . 709
sale of, must appear neces-
sary . . . 729when, bow, and where sold 728
stocks sold . . . .732successor to, resigning, bond in dou-
ble amount . . . 741sued in first instance . . 695suit instituted against principal and
security . . . 695not to abate on removal of . 721
superior court compel security to begiven . . . 697,709
sureties of non-resident . . 695sued in first instance . . 696
trial in county where claimant re-
sides .... 714trustees' liability removed . 732
make returns, when , . 744ordinary's fees for returns of 744
trust funds invested in State stocks 733twelve months allowed . . 159vendee of lands djdng, title howmade .... 709
ward, how may sue . . 695what do after executing titles . 707when may resign . . . 741where bond given for title, may
convey . . . 745extra pay allowed . 738
•widows, time for, to make election 713witness of will attend probate . 713
Executrix, letters of, abate on mar-riage ... 727
suits against, in her own wrong notto abate .... 731
Guardian administer in certain cases 744appointed for deaf and dumb . 744common law in favor of father,
abolished . . . .733
Executors, Administratoks and Guardians.cultivate plantation for ward's ben-
efit .... 728foreign, not remove property of ward 740keep accounts and make returns . 728may hire out slaves privately . 728mother, in certain cases . . 733resign wlien ward 14 years old . 741surplus funds how invest . . 740testamentary and natural, give bondand security . . . 739
widows may appoint . . 733suits not to abate, when . . 159feme sole marrying, suit not to abate 159
Forms.Administrator's final receipt . . 729
notice of sale . . 719oath of . . . 698sale of land . . 719sale—notice . . . 694
Annual return . . . 700Application of an executor for letter
dismissory . . . .716Application of security for relief . 702Apprentice's indenture . • 707Bond and security of executor . 711
of administrator de bonis non 718of administrator with will
annexed . . • 702of natural guardian . 722of succeeding administrator 742
Citation by the ordinary . .716by the ordinary on applica-
tion for guardianship . 736Claim under statute of orphan's estate 714Court of ordinary—order dismissory . 716Deed under order to execute titles 705Executor—Guardian's oath . .719
required to give security 700sale of insolvent papers . 735
First order—orphan's maintenance 707Guardian's bond . . . 720Guardian dismissed—rule absolute 726Guardian dismissed—rule nisi. . . 725Guardian—letters dismissory . 725Inventory and appraisement . . 693
and schedule of money, &c
,
of deceased . . . 694Letters of administration de bonis non 717
dismissory . . . 717
of guardianship . . 720Marriage ceremony . . . 712
license . . . 712offeme sole, plaintiff . . 1.59
Master's obligation to maintain, etc. 707Notice of application to resign . 743Notice to debtors and creditors . 702Order by the court—estate not to be
sold . . .724invest surplus funds . . 740natural guardian . . 722retiring administrator .' 742hiring out slaves . . 728
Order to sell land . . .719Petition and order—for titles . 703
of applicant to resign . 742Return of the license . . 712
860 INDEX.
Executors, Administrators and Guardians.Rule absolute .... 701
for titles . . . 705Rule nisi. ' . . . 701
for titles . . .704Second order—orphans—ill-treatment 708Selling slaves—administrator's sale . 710
order by the court . 710petition
public notice . . 710Warrant of appraisement . . 693Waste—requiring executor to give se-
curity . . .710rule absolute . . 711rule nisi. . . .711
Widow's election . . . 714
FEES AND COSTS.abating nuisances . . 437attorney general's . . . 429certain counties exempted from 436clerk of house of representatives . 430
inferior court . . 433superior and inferior courts 432superior court in civil cases 432
clerk's, in criminal cases . . 433collected and accounted for . 431collector's, and liability . . 436constable's . . . 435coroner's . . . . 429
owner to pay . . 436county surveyor's . . . 428for services not performed, changing 431governor's.... 427
secretary's . . 429guardian's, in certain cases . 435how recovered . . . 430
taxed and collected . . 439to be recovered . . 431
in cases of slander . . . 440information to forfeit charter . 438jailer's . . . . 435justice of the peace, in civil cases 435juror's .... 429jury, on verdicts and confessions . 437
in civil cases . . 437manner of paying . . . 439none, where no service rendered 438not allowed by act—dismissal for
taking . . . 431notary public's . . • 429not payable till after judgment 439of certain officers, increased . 437
tax levied for . .436ordinary's . . . 431overcharge—forfeit four-fold . 430paid in paper medium . . 431penalty for neglect to give state-
ment, etc. . . 430to set up tables of . 430
plaintiff failing—double costs recov-erable . . • .431
powder-receiver . . 430process waived . . • 438public accountable for, in what
cases.... 430sdre facias on recognizance . 438secretary of senate . . 430
Fees and Costs.
secretary of state's . . 438sheriflF's ... 433
in criminal cases, . . 434solicitor-general's . . 429statement of and receipt for, by pub-
lic officer . . .430surveyor-general's . . 428table of, set up in public offices . 430time of action limited . . 430treasurer's.... 429trial for nuisance . . 437verdicts not exceeding $30 . 438what retained on younger^. /as. 439which tirst paid . . 438witnesses' . . . f . 429
FERRIES. [See Roads, Sfc.}
FIREWOOD.cord of firewood . . . 781inspector's fees, by whom . 781
persons cheating, forfeit ten shillings 781
FORCIBLE ENTRY AND DETAINER.[See L'ands—-forcible entry and detainer.
'\
FOREIGNERS,alien, adult female, rights of . 555aliens, may have mortgages . 554
may have right of foreclosure 554convey real estate, on filing
declaration of intentions 555no escheat allowed . 555privileges and disabilities of 553
foreigners not liable to certainmilitary duties . . . 555
foreign countries, educated in, disa-
bilities of persons . . 554French subject, right of . . 554tories, allowed benefit of act . 553
FREE PERSON OF COLOR. [See Slaves,
FRIVOLOUS SUITS.damages for . . . 764
GARNISHMENT. [See Attachment, <^c.]
GENERAL-ASSEMBLY, MEETING OF.time of meeting changed . 765
GREAT SEAL OF GEORGIA.affixed to certain grants . .772former act partly repealed . 772governor to have seal made . 772new seal established . . 772size of the seal . . . 771the device . . . 772where it shall be deposited . 772
GUARDIANS. [See Executors, <^c.]
GUNPOWDER,marked on each package | . 771penalty for neglect . . 771
INDEX. 861
HABEA.S CORPUS,accessories- before-the-fact . . 198application, prosecutor must have
notice.... 199
assizes proclaimed, no prisoner re-
moved .... 198assizes over .
'.. 198
case not bailable . . . 194charges, prisoner must pay . 193civil matters, act does not reach . 196convicts, may be transported . 197duty, officer neglecting, liability 195jail fees, inability to pay . 199majority of inferior court insufficient
to pronounce judgment . 199majority of justice's court necessary
to act . . . . 198neglecting duty, officer's liability
for . . . .195ofiBcer certifies as to cause of im-
prisonment . . . 194papers to be returned . . 194penalty for denying . . 196
for removing to foreign pris-
ons . . . 197person discharged not to be recom-
mitted . . • . 194indicted, tried next term 196
head general issue . . . 198prisoner discharged on recognizance 194
not to be removed . . 196subjects not sent to foreign prisons 196suits when brought . . .198time act began to operate . 197treason, person committed for . 195trial where offence committed . 197warrant of commitment . . 194writ, by whom granted . . 193
in vacation . . , 194returned within three days 193returned with body of person 193how marked . . . 194who shall grant . . 194when not granted in vaca-
tion . . . 195where not to be granted in
vacation .• .195
where it runs . . 196
Forms.
Affidavit if officer refuses copy of war-rant . . . . .200
Judgment of the court . . 201Notice to the other justices . . 200Petition for the writ at common law 202
under the statute . . 200Return to the jailer . . 201Writ of habeas corpus . . 200
HUSBAND AND WIFE.earnings of deserted wife not subject
to husband's debts . , 764husband not liable for wife's debts 764wife's property not liable for hus-
band's debts . . . 764
IDIOT. [See Lunatic, 8fc.'\
IMMORALITY. . 498
INCORPORATION. [See Corporation, ^c]
INFERIOR COURT,ClerJcs.']
CLERKS OF. [See
INFERIOR COURT.adjournment of court when regularterm fails ... 32
arrest, witnesses free from, on civil
process . . . .28books and papers, defendant failing
to produce, judgment bydefault . . 27
must be produced . . 28plaintiff failing to produce,
non-suit . . ,28continuance allowed . 29
when allowed . . 30com't held twice a year . 28
failing to meet . . 28jurisdiction of . . 28of record . . .28
lost papers, certified copy, clerk mustfurnish to party . 30
cost of establishing, by whompaid . . .30
judgment when rendered on 30may be established . 29mode of establishing . 29suit may be commenced on 30
notices, how and when served . 29
oyer, when it may be required . 30process, what it must contain . 30rule absolute, court shall grant 80nisi., service of . . .80
INJUNCTION. [See Certiorari, <^^.]
INSOLA^ENT DEBTOR.act of 1803, title amended . . 334
1823, benefits extended to 3341823, benefits extended to
persons arrested on bail . 334application for discharge, what done 339arrested upon Ca. Sa., when . 328assignments, wtiere null and void 331
Bible exempt from sale . . 328bond, condition of, relative to
prison bounds . . 335for maintenance and jail fees 334to prosecute must, be given 334
books of accounts produced . . 337
Ca. Sa., bond and security given 331
debtor file schedule of prop-erty . . .331
defendant failing to appear,
judgment on bond . . 332
case, when returnable . . 332concealed property, how disposed of 338
compliance with act, exempt fromimprisonment . . . 333
continuance allowed on issue of
fraud . . .332only on terms . . 324
conveyance, husband and wife mustbring in . . .329
862 INDEX.
Insolvent Dertors.creditor not appearing . . 337
notice must be given, when 333death of defendant, bond discharg-
ed . . . . . 332debtors' act extended to widows 328debtor swear to schedule . . 332defendant failing to appear, judg-
ment . . .824may file schedule and take
oath . . .323discharged under ca. sa., debt not
distinguished . . . 337disposition of the effects surrendered 339exempted articles, schedule of . 328exempted property, schedule pre-
sented to levying officer . . 330exempt one horse and mule . 330exempt, what, from sale . 328fraud, issue of, found, defendant im-
prisoned . . . 333issue of, made and tried 332none, debtor discharged . 340
from another county, how discharg-ed .. . . . .333
gamblers excluded from benefit ofact . . . • 338
horse and its provisions exempt 328issue between parties, fraud or not
fraud . . . 340how found and tried . 332how tried . . . 340tendered, what it must con-
tain . . .324trial of . . . 324
jury finding for defendanfc . . 324laud exempted, county surveyor to
lay oft" . . . 329exempt from attachment 329fifty acres for head of eachfamily . . . 329
exempted, how appraised 329exception . . 329not to be levied on
or sold . . 329of insolvent debtor exempt 329
next friend of wife make oath . 330notice to creditors on petition for
discharge . . 340given . . . 337
Oath of . . • . . 338insolvency, debtor must take 331
officer make entry on ca. sa. . , 337order of court discharging . . 338oxen and cart exempt . . . 330party discharged may sue the party
causing his re-arrest . 338not to be re-arrested . . 338
party to be released, when . . 332penalty on arresting officer refusing
to receive bond when tendered . 335petition for discharge, what must
contain . ... 339pluintiflt' may recover on bond . 335
notified previous to dischargeof debtor . . . 333
may recover, how much . 335to pay jail fees in certain 339
Insolvent Debtors.prison-bounds, extent of . 387
laid out .... 335laid off where not done 336re-surveyed . . . 337time for laying off extended 336
prisoners, how may leave the bounds 335punishment of perjurers . 338remainder or reversion, disposition
of . . ^ . . . 330schedule of ... 337
exempted articles recorded 328security may surrender princ ipal 332sheriffs fees . ... 340sickness, cause for continuance, 332summoning jury, sheriff's fee for . 324surrendered by bail, how discharged 333transfer property, may, bond fide . 331trustee, failing to pay over proceeds,
punished . . . 339trustee, pay of . . 339trustee to collect debts . . 339value of property exempt, $200 in
city, town, or village . . 329wife and children, property vested in 330
Forms.Affidavit of plaintiff . . 325Bond for maintenance and jail fees 334
prison bounds . . 336Capias ad satisfaciendum . . 324Continuance of case by defendant 326
by the plaintiff . . 326Entry on the schedule by the clerk 325Issue joined . . . .326
tendered by the plaintiff 325
Judgment of the court . . 327
Notice to the plaintiff" . . 323Oath of insolvent debtor . . 327Oath of the jury . . 326Order of discharge . . . 327Schedule filed by the defendant 325
Verdict of the jury . ... 326
INTEREST AND USUKY.judgment draw, only on principal . 203none on remaining interest . 203on judgment same as contract . 203open accounts, 7 per cent, allowed 205
when considered due . . 205payments, first discharge . 203principal sum and interest recover-
able . . . .204rate of . . . .203rates of, in the several States . 204usurious, forfeited . . 203
Usury—party swearing, cross-exami-
nation .... 205plaintiff failing to make discovery,
defendant make affidavit, . 204plea filed ... 204plea of, plaintiff to make affidavit as
to its truth . . .204
INTERROGATORIES. [See Testimowj.]
JUDGE SUPERIOR COURT . 67act of 1852, 5th section repealed 60
INDEX. 863
Judge Superior Court.bill of exceptions, how presented
and signed . . .21clerk, temporary appointment of 61
terra of oflSce . . 61
elections by ballot . . 59
duty of governor . . 59
secretary of state . 59
governor's commission . 60proclamation . 59
qualification of candidate 60returns how consolidated . 59time of . . . 61
when and how conducted . 59when held . . 60who entitled to vote . 59
ex-judge must sign bill of exceptions 20• judges, absent, notification as to
rules . . .58alternation of . . 5t, 60dying, process not to abate . 61
general-assembly not to ap-
point ... 58interested, justice of inferior
court to preside . . 51
must certify proceedings to
supreme court . . 21
must examine sheriff's bond 61refusing to certify bill of ex-
ceptions . . 15term of office . . 60to remain in oflice until suc-
cessor has qualified , 60vacancies how filled . . 60
opinion of judge not to be expressedon facts ... 58
penal code, judges to suggest cor-
rections . . .58rules of practice, judges to establish 57
what declared null and void . 58sheriff, temporary appointment of 61
term of office . .61testimony perpetuated . . 61violation of act of 1850 by judge,new trial awarded .58
JUDGMENT. [See Verdict, Sfc]
JUDICIARY ACT OF 1799 . . 782
JURIES . . . .19bailiff to special and petit jury, oath
of jury, his pay . . 85challenge for cause . . 87
peremptory, how allowed . 81to the array . . 86to the array sustained . 86when made, how sustained 86
clergymen exempt from jury duty . 83militia duty . . 83
clerk must enter names of jurors . 80judiciary act of 1799, partly repealed 82juries drawn by presiding judge . 82
grand, how to be selected 82iu certain cases, by whomdrawn . . .80
judges responsible for draw-ing ... 80
Juries.
manner of drawing . . 79oath of grand . . 83
request of judge to be respect-
ed by J. I. C. . . 80jurors, attendance of . . 84
called up and objected to . 86clerk's duty respecting . 79
competency of, how ascer-
tained . . .87questions to determine 87in capital cases . . 87
defaulting, to be fined . 80drawn at any time . 84
excuse may be made . 81
fine of petit and grand . 81
grand, duty of clerk in select-
ing . . . 79
may give evidence . . 83
number of . • 80when bound to notice offences 85
judge inf. court may draw in
certain cases . • 84
judge superior court to draw 84
list of, how procured . 78
list to be furnished to parties 86
number impannelled in crim-
inal cases . . .86names to be entered on min-
utes ... 80
objections to, investigated . 86
oath of petit . . 81special . . 83
qualification of . 19, 86
returns of precept must bemade by sheriff . . 80
selecting, manner of . 79
selection omitted, how made 82
sheriff furnished with list of 84
special how selected . . 83stand over when court not
held ... 82summoned, how . . 80summons, form of . 80, 81
talesmen employed . . 81when put upon the accused 81
jury, refreshments allowed to . 85jury-boxes destroyed, how lists made
out ... 85when opened . . .82
jury-duty, justices of I. C. exemptfrom ... 85
oath administered by foreman of
grand juries to witnesses . 88pannel, grand, how composed . 86precept delivered to sheriff . . 80
to contain names . 80sheriff disqualified, coroner may act 81
must summon jury , 84
Afiidavit of defaulting juror . 81Challenge to the array . . 88List of jurors annexed to precept 81Oath of bailiff to special and petit
jury ... 85grand jurors . . 83petit jurors . . 81
864 INDEX.
Juries.
Oath of special jurors
witnesses
Precept for summoning
. 83
88
80, 81
JUSTICES' COURT. [See Civil Jurisdiction.]
JUSTICES' COURT.tion. ]
[See Criminal Jurisdic-
JUSTICE OF THE PEACE AND CONSTABLE,
book of entry, delivered to succes
sor....to be kept
commission, governor to
constables may be ruled
costs, deposit of, by non-residents .
elections, who superintend
how elected....how ruled
justice of inferior court may quali-
fy ... .
jurisdiction in criminal matters
laws relating to, and constable
may be ruled
removed, how and for whatrule, how served
superintendents, oath of
term of office
vacancy, how filled
Constable, bond, amount of
bond and security givencertificate of filing
how taken and sued on .
sued uponcandidates failing, justices may ap-
point ....certain acts of, void .
constables may be ruled
co-obligors served, although non-
resident ....district, none in, justices may ap-
point ....elected by people annually .
election failing, new one to be held
itinerant persons followed and ar-
rested . ,
justices may be ruled
how ruled
rule, how served
laws relating to, and J. P.
moneys, account for
notes, receipt for
oath and bondoath of .
special justices may appoint
only may appoint
vacancy by sickness and excess of
business
vacancy, filled temporarily
Forms.Oath of Justice of Peace .
Advertisement to fill vacancyCertificate of superintendents
Constable's bond .
Return of superintendents of election
234234232239234232232239
234240239239232239232232232238236238238236
235238239
239
235234234
238239239239239235235234235235235
236235
283233233236236
Justice of the Peace and Constable.
Order of the inferior court . . 237
Clerk's certificate . . . 287
Levy by constable where there is nopersonal property . . . 237
Notice of levy . . . 237Constable's sale . . . 238
LAND— FORCIBLE ENTRY AND DE-TAINER,
bond payable to plaintiff . 348failure to give possession to
plaintiff . . .348forcible detainer, what is . 346
entry, what is . . 346judgment for the plaintiff . 347
justice to draw jury to try fact . 347non-resident defendant to give bond
and security . . . 348oath of the jury . . . 347
party to be summoned . . 347when may be indicted . 347
punishment for . . . 346
questions for inquiry of the jury 347
service on persons residing out of
county, how perfected . . 347
sheriff or constable to summon jury 347
teZes jurors . . . 347
three years' possession, no punish-ment . . . 346
prevents proceedings . 347
title does not come in question . 347
Forms.Affidavit of plaintiff for forcible entry
and detainer . . . 348
Bond under the act of 1854 . . 350
Judgment of the court . . * 349
Precept for summoning jury . . 349
Return by the sheriff . . 350
Summons to the defendant . . 348
Verdict of the jury . . 349
Writ of possession . . . 350
LAND-PARTITIONING.affidavit of notice for . . 419
appeal, party to pay costs . . 420
application for notice of . 419
commissioners appointed to makesales .... 424
how obtained . . . 419judgment of court, return to be . 420
set aside . . . 420new, awarded . . . 420
non-equitable division—affidavit 424sale ordered and proceeds di-
vided . . .424notice given to parties in interest 419
surveyor may be employed . 424titles, how to be executed . . 424review allowed in certain cases 420compensation of partitioners . 420must make returns of actings and
doings of partitioners . . 420
number of partitioners . 424
Forms.Affidavit of service . . . 421
INDEX. 865
Land-Partitioning.Form of petition . . . 420
Issue joined by the parties . 423Judgment of the court . . 423
Notice of application for the writ 420Notice by the commissioners . . 422
Oath of the commissioners . 422Oath of the jury . . .423Return of the commissioners . 422The commission . . . 421
Traverse of the return of the commis-sioners .... 423
Verdict of the jury # . 423
LAW OF PROCESSIONING.agent or attorney may act . . 425compensation to commissioners 425
to surveyor . . 425, 426confiscated lands, nothing to affect 426costs of advertising, who to pay 425disputes, how settled . . 425disputed cases . , 425elections of processioners, returns ... 426justice of inferior court to appoint
processioners . . . 426land in two counties surveyed by
the surveyor of either . . 427lands to be, and how . . 424neglecting to, penalty for . . 425notice of, what given . 425may be appointed in vacation . 427party failing to attend, other may
proceed .... 425party out of county—notice how
given .... 425plats not recorded, commissioners
to proceed . . . 426vacancy, how filled . . 426water-conrse forming line . . 426
LANDS OR TENEMENTS.certiorari extended to possessory
warrant cases . . . 346counter-oath made before sheriff . 344plaintiff's oath as to right of posses-
sion . . . . 344sheriff's fees . . . 344sheriff to dispossess unless counter-
affidavit filed . . .344tenant-at-will turned out . 345writ of possession to issue . . 345
form!*.
Affidavit by the plaintiff . , 345Counter-affidavifc filed by defendant 345Issue before the jury , . . 345Judgment .... 346Verdict of the jury . . . 346
LAWS REVIVED,act of April, 1763 . . .775
March, 1776, seamen . 7751766, beef, pork, etc. . . 7751765— trading with slaves 775September, 1773, branding . 775
appendix and what it shall contain 777common and statute laws of Eng-
land . . .77655
Laws Revived.compilation of the lawsfines and forfeitures .
500 copies reserved for future uselaws arranged and reported to gov-
ernorlaws in force 14th May, 1776, per
petuated .
laws prior to 1778, near expiringperpetuated
laws since 1800, to he arranged andprinted
public and general laws digested
public officer's authority
rubbish ....LICENSE. [See Eetail License.]
LIEN.act of 1834 made general .
of 1841 extended to
rivers .
of 1841 not affected .
advertisement and sale .
affidavit and bond returnedmust be filed
of claimant .
amount due must be paid
appeal allowedbond and security givenbuilder's, secondary in certain cases
claimant liable for damages, &c.
claim, failing to record .
to be recorded when .
continuancecosts and interest, judgment for
debts due masons and carpenters
declaration . . '.
defence, how madeexecution, hovv issued
justice of peace must issue .
to be issued
fees, clerk's....fi. fa,, constable must levy
levy of . . .
Flint river included in act of 1846issue and continuance .
made up and tried .
judgmentand^./fl.
levymachinists, act of 1841,
1837 extended to
entitled to .
millwrights and builders of goldmachines entitled to .
not affected by delivery of possessionnotice givenorder of judgeother lien-holders to give notice .
owner may disputepersonal property—summary pro-
cess to enforce onpremises discharged, if debt not sued
sold, lien attaches .
Savannah river included in act of1841 ....
777776777
776
776
775
776777776775
. 217certain
218. 220
218. 218
218. 218
218. 218
218216216215215218221
215215218218218221
215218215219218
. 216218
. 216218, 221
1834 and221
. 221
219216216218216221
220216216
219
sm INDEX.
Lien.services rendered by slave, &c., how
recovered . . . 219
steamboats, application, how made 218
for wages . . . 217
how to proceed . . 217
steam mills, act of 1811 extended to 219
demand first made of owner 219
suit within 12 months after debt due215, 217
summary process—affidavit made 220
executed in 12 months . 220
repealed, previous laws . . 216
sums under $30, how recovered 218
• verdict of jury . . . 215
work performed according to con-
tract . . . .215
Forms.Form of cl lim . . • 215
Notice of lien.... 216
Notice to carpenter about to build 217
LIMITATION OF ACTIONS.absconding offender . . . 208
act of 1856, when commences . 209
bill of review . . . 206
bonds and instruments under seal 206
breach of contract, damages for 206
certiorari .... 206
co-partnership, after dissolution . 207
dower .... 206
equity cases, how affected . . 208
courts affected . . 207
executor or administrator dying . 208
felonies, all . . . 207
felony, cases below . . . 207
fraud, cases of, suits in . . 207
gender, when used . . . 208
homicide . . . 207
joint contractor . . . 207
right to sue, action stayed 207
judgments, foreign . . 205domestic, . . . 205
legacies and distributive shares 206
lien by judgment barred . . 207murder, indictment for . . 207
new promise to be in writing . 207
not to operate against certain per-
sons .
^. . .206
number, when used .*. 208
offences not provided for . . 208
open accounts . . . 206
time on . . . 208.personal property . . 205
injuries to . . . 205
person, injiuies to . . 205prcmiises, after being barred . 209promissory notes . . 205
real estate, adverse possession . 205suits for recovery of . 205
trespass on . . . 205
removal from State . . 207
renewal, one ooly allowed . . 208
repealing section act of 1856 ,. 208rights of action, other . . 206right to sue after death of p.ir,ty 206
suspended . . . 208
Limitation of Actions.
rights under statutes . . 206set-otf, when and how barred . 208State affected by act of 1856 . 208statute ceases, when . . 206suits renewed . . . 208unrepresented estates, rights of . 206
whom to sue, not knowing . 207will . . . . .206
LOTTERIES AND GAMING.after June, 1860, all lottery laws
repealed . . . 780six months, who may sue for
penalty . . . 780articles forfeited . . 778bonds, notes, etc, given for gaming,
void .... 778continuance, only one allowed . 779conveyances and incumbrance on
land inure to heir . . 778dealing in lottery ticlvcts, fined $.500 780deeds, mortgages in opposition to
rlghtsof heir, void . . 778fighting, etc., on account of gaming,
forfeit £20 and be imprisoned . 779forfeit, how collected . . 778if over $50, recovered in superior
court . , . . 779lotteries prohibited . . 780money lost at play recovered back.
by owner .... 779one half of fine to prosecutor, one
half to county . . .780persons establishing lotteries forfeit
.£500 . . . .777recovered by justices' court if not
over $50 '•. . . 779
sales to be void and of no effect 778unable to pay fine, imprisoned , 778imparlance, but one . . 778upon discovery and repayment, dis-
charged . . . 779what act does not apply to . ,780
LUNATIC.act of 1837, extended to . . 484acts, several amended . . 484application for commitment . 477appeal allowed . . . 481case }nay be adjourned . . 485certificate, none, temporary provi-
sion made.... 476clerk's certificate as to residence,
etc. . . . .476commissioner absent, how place sup-
plied . , . . 485commissioners, how must proceed 484commission, how may proceed . 479
number of . . 484of, may issue . . 479
costs, by whom paid . . 481
courts of ordinary may removeguardians . . . 478
to appoint guardians . 478
duty of the clerk . . . 477
expenses of, trustees may sue for 489
INDEX. 86'
Lunatic.expenses to confine, what deemed
sufficient ....fees of ministerial ofiQcer
5th sect, act of 1837 repealed '
governor to dravv on Stateguardian, court appointguardian failing to comply with
order of court, proceedingsagainst
make inventory .
to act
guardianship of hushand, wife en-titled to .
hearing application, day appointedfor ....
imhecility, on account of ageinferior court to make provisionjury, fines for non-attendance .
enforcement of attendance ofpay of . . .
summoned and sworntrial, when may be had
justice of peace may commit to jail
issue warrant for arrest onapplication
justices absent, others may act .
of inferior court committo preside at hearing
two j ustices of peace to be commis-sioners ....
law questions, how determinednew commitment after three months'
absence ." ""
.
no charge for certain, on W. and A.rail-road
on W. & A. rail-road
non-attendance of commissioner, tobe fined ....
notice of application for commissionhearing given
oath, form of .
of commissioner
J"iT •. •
ordinary, pay of
partial support of
patients, non-resident, how receivedrestored, discharge of
pauper certificate
supported by State . 476,support himself if able
precept for summoning juryrestored, property returnedreturn of commissioner must be
mademust be made
sale of property may be madesanity of, questioned, how triedsheriff or constable to attend
pay of
verdict in . .
of jurywife's bond valid
witnesses, pay of
Fopins,AttachmentAffidavit
489485483476479
485478481
478
477486489471
477486485480489
489484477477
484485
477
478478
484481
477477479477486477478478477490490477485
479478478485484486485477478485
480488
Lunatic.
Application for commitment . , 478of restored person . 486to the court . . . 482
Certificate of the clerk . j 480Commission .... 482B'irst order of the court . . 487Issue ..... 487"
submitted to the jury . 479Judgment of the couft . . 479Mandate to the sheriff . . 487Notice to guardians . . . 486Notice (to nearest of kin) . . 478Notice to relative . , , 482Oath of the jury . . 479,485
on issue . . . 487Order by the court . . . 480
of court for commission to
issue . . . 482Precept for summoning jury . 479Return of the commissioners . . 483Second order by the court . 483, 488Third order by the court . . 488Verdict of the jury . , . 479
on issue . . . 487
MAEEIAGE LICENSE . . 712
MAERIAGE SETTLEMENT . . 417
MILL AND TOLL,millers must grind in turn . 767
must take one-eighth for toll
except in certain cases . 767penalty for violating this act , 768
MORTGAGE ON PERSONAL PROPERTY.agent or attorney may foreclose . 192foreclosed, where . . 192personal estate, how to be fore-
closed .... 189
Affidavit of foreclosure annexed tomortgage . . . .
Bond given by the defendant .
Defendant's affidavit
Fiat of the justice of the inferiorcourt .....
Mortgage ^. /a.
mortgage of personal prop-erty . .
Note for securing the payment ofwhich the mortgage was given
Order by the justice of the court .
Relinquishment where the debt is paid,without suit....
MORTGAGE ON REAL ESTATE,appeal alloweddispute as to amount dueforeclosure, rule made absolute at
next term....foreclosure, rule to be granted and
served ....method of foreclosing
real estate, when to be foreclosed
190192191
190190
189
186191
192
184184
189
188184188
868 INDEX.
Mortgage on Real Estate.
rule absolute . . . 184
nisi. . . . . 184
surplus to be paid to mortgagee 184
Forms.Affidavit of the defendant . 188
Mortgage deed of real property . 185
Mortgage .A^/«. . . . 187
Petition of mortgagee . . . 186
Rule absolute . . . 187
Rule nisi..
. ... 186Sheriff 's sale of n^ortgaged property 188
NAMES, HOW CHANGED.adopted child, how, and name
changed . . . 533legal rights of . . 534property of, when subject to
distribution . . 584application to change, notice given 223certified copy evidence . . 224changing name of adopted child,
how perfected . . . 534election precincts, how formed,
changed, and abolished . . 534fees of clerk . . . 224legitimatizes child, marriage of pa-
rents .... 533name changed—illegitimate child,
legitimatized . . . 533names of persons, power to change 223
ForsBis.
Notice of intention to change name 536Order and judgment of the court . 536
by the court, on adoption of
child . . . 535by the court, on petition to
legitimatize . . 535
Petition to adopt child . . 535to change name . . 536to legitimatize illegitimate
child . . .634
NATURALIZATION LAWS. (See Appendix.)
NEW TRIAL,act of 1797 partly repealed . 149before a special jury ' . 148granted on discretion, by judge of
superior court . . .149how granted . . . 148how tried .... 148jury formed, of whom . . 148
how .... 148may be granted . . • 148notice must be given . . 148no trespass in justices' courts . 149opinion of judge entered . . 148superior court must grant, in what
cases . . . . •. 148supreme court must order . 149who entitled to first strike . . 148
ORDER OF ARGUMENT,in criminal cases . . . 763
ORDINARY, COURT OF.adjourned terms may hold . 689allowing partner to practice, howpunished . . . 679
alone, power to grant letters of ad-ministration . . . 680
appeal allowed . . . 674
to superior court allowed . 687application for leave to sell negroes
and land . . . 677applications for letters of adminis-
tration . . . .679application to sell, notice of sale
given, . . , 677appraiser's duty . . . 686
pay of . . . 686assessment under act of 1850 . 686bond and security, must give . 678
of administrator, payable to 678citizens only can be executors or ad-
ministrators, .' . 688clerk of court of, duty and liability 679
to make valuation of propertyexempt from sale . 685
clerks of court of, certain acts madevalid . . .679
clerks of court of, required to settle, 676construction of this act . . 685copies of letters, evidence . 683coroner or constable may attend
court of . . .688courts of, general jurisdiction . 684disqualified to be executor, etc., . 675duty of.... 678
in assessing maintenance . 685justice of peace in assessing
maintenance . . 685election of . . .677estates shall not be entailed . 680
unrepresented, citation mustbe issued . • .676
estates unrepresented, executor elect-
ed, executorship abates . 676estates unrepresented, how provided
for . . . • 675estates unrepresented, no applica-
tions made, what done . 676estates unrepresented, notice given
in whom administration vested . 676executions collected as others . 689
for costs may be issued . 689for costs may issue . 684how collected . . 684
executors disqualified to be . 679fees of justice of peace and clerk for
maintenance case, . . 686governor issue dedimus . . 677household furniture to widow . 686jurisdiction of . . . 679, 684justice of inferior court, duty of 677
refusing books, what done 676laws consistent continued in force 675
repealed . . . 675letters of administration, in what
courts granted . . 688letters of administration recorded by 68.>
guardianship, in what courtgranted . . 688
INDEX. 860
Ordinary, Court op.
mandamus absolute . . . 677
mandamus nisi. . . . 677
marriage licenses must grant . 680marrying without license or banns,
penalty for, . . . 680must qualify within ten days . 677
report to judge of inferior
court . , . 679name of the court of . . 675new election of . . 678newspapers containing advertise-
ment to be filed . . . 688newspaper file subject to inspection 688notice of application by widow must
be given.... 684not to practice in said court . 678oath of deputy . . .678
office of . . . 670office of, established . . 674
where kept, always open 677$100 allowed widow and children 685pass order, for sale of wild lands 689perishable property, sale of . 677powers of . . . 674presiding officer, title of . . 675property, what exempt . . 685refusing to account, what may bedone .... 676
regular terms of . . 677returns and vouchers . . 678
must be recorded . 686rules in chancery . , .679support and maintenance in certain
cases, how set apart . . 686temporary letters granted . 688valuation for maintenance recorded 685vacancy, how filled . 675, 678widow may select her share of ne-
groes.... 687widow or orphan, support allowed to 684widow's and orphan's allowance 685
Forms.Appeal to the superior court . 688Appointment of appraisers , 687Citation by the ordinary . . 681Levitical degrees of marriage . 680Ordinary's official bond . . 675Permanent administrator's bond 683Permanent letters of administration 683Return of appraisers . . 687Temporary administrator's bond . 682Temporary letters of administration 681
ORPHAN. [See Executor, 8fc.]
PARTITIONING. [See Land, S^c]
PARTNERS AND PARTNERSHIPS.Partner, Co-, bonds given by one,
valid . . . . 213debts paid before S, P. receive in-
terest . . . .211fraud, guilty of . . 211general, authority of . . 209
liable to account . 211may consist of . .209
Partners and Partnerships. •
general, when not observing prelim-
inaries . . . 210individual, acts of, when void . 212person, not, name not to be used 212retiring, when name may be used 212rights of special . . . 211special, claim postponed , . 212
demands against not affected 212liability of . . 209
liable as general . .212may act as attorney-at-law 211
may receive lawful interest 211
Partnership—affidavit filed . 210
alteration or dissolution . . 211
bonds payable to, binding . 213
business, how conducted . . 211
dissolution of, how effected . 212
capital stock, no dividends out of 211
certificate filed and recorded . 210certificate of, . . . 209certificate of acknowledgment before
judge, &c. . . .210certified copy made evidence . 210Co-, judgment and ex. against, good 213fees for recording . . . 210firm name . . . 211
limited, allowed . , . 209limited, not for banking and insur-
ance .... 209need not be proved, unless deniedby plea in abatement . . 213
not publishing, consequence of 210other counties, transcript of cert, re-
corded . . . 210penalty for violating act . . 213power of attorney recorded . 210printer's affidavit . . . 210publication of, when and where made 210renewals how effected . . 210
sales, assignment, &c. when void 211
suits, for and against . .211
Forms.Affidavit of general partners . 214Certificate of special partnership . 214Notice . . . . 214
PATROL.act of 1765 contiaued . . 592armed, how to be . . . 589captain's authority and demeanor . 591
neglect of duty of, fined . 591notified of appointment . 591
notify patrolmen . . 591qualifications . . . 591report defaultij . 591
citizens only of district, when to en-
force fines . . . .592commissioners appointed . 590
failing, fined . . . 591fined for default . 589notified of appointment . 591organize companies and di-
visions . . . 591constables to collect fines . 589double costs allowed . . . 590men, disobedient, fined . . 591
870 INDEX.
Patrol.drunkenness on duty, liow punishedduty, female not liable to
who liable to
exemption from, over 45 years
,fi. fa., by whom issued
fines, how collected . 589,
how disposed of
fugitive slave, how proceedlist of names made outoath, commissioner takeobey orders
persons opposing, indicted and fined
owning several plantations,
do duty where resides
power of . . .
requisites of written pass .
service, term of, 3 monthssubstitute, may employ . 588,
vacancies, how filled
visits, how often madewithin what time commissioners re-
sign •
.
white servants
ployerequipped by em-
Action of patrol-commissioners on re-
port of captainFi. fa. against defaulterNotice to patrolmanPatrol commissioner's oathPatrol-company organizedReport of the captainWritten pass or permit
PEDDLERS.act not to apply to Savannahapplicant, good moral character
must make oathbooks, maps, &c., sold without li-
cense . . . 542clerk's fee, $1 . .
corporations, act not to interferewith ....
fees, clei-k's responsibility for .
fines, how appropriatedforeigner not allowed to
proof necessary to convicttake oath of allegiance
what must showfree, ....home manufactures, no license re-
quired . ...license, application
for wagon showninferior court may grant .
must haveto describe personsto be not less than $50
oath, must taketo be recorded
revenue, how disposed ofsubject to penalties
violation of act, how punishablemisdemeanorlaws, how proceeded against
590590588594589592592589589591589592
589589690594589591594
591
589
593593593592592593590
544544544
, 543544
543542543545545545545544
543544542544542543544542542549544544644543
Patrol.Forms.
Bond for appearanceCommitmentForm of license to peddleOath against peddler
540547545546
Oath of applicant for license to peddle 545Warrant against peddler . 546
PERSONAL PROPERTY, MORTGAGE ON.[See llortgage, Sfc]
PERSONAL PROPERTY. [See Possessory
Warrant.']
PETITION. [See Declaration, 8cc.']
PHYSICIAN AND APOTHECARY.Apothecaries, old established, exempt
must be licensed
selling without license, punishmentfor . . . .
Physician accused, onus onact of 1825 revivedboard of, appointed .
body corporate .
book of record made evidenceelect officers .
examiners, number of
fill vacancies . . .
less than quorum, adjournfrom day to day
make by-lawsmay examine, notwithstand-
ing diplomaprescribe and publish a course
of reading .
sessions held where appointedto license apothecaries
to meet annuallydiploma, having, no license re-
quiredexamination of applicants .
fees for examinationslicense, no one to practise without,
except having diploma 443, 446practising without, how pun-
ishedwithout examinationgranted, by examining boardtemporary, how long to con-
tinue
temporary, may be grantedto be registered .
merchants may sell medicinenames of persons licensed to be
publishedobligations for services, voidperson licensed, to be of good moral
characterPhysicians—Thompsonian.apothecary to be licensed .
board of 5 members quorumgrant licenses
meet annuallyof, appointed
body corporate .
book of record, evidence .
444444
444443443446445445444444444
445444
445
445446446444
446444444
443444444
444444445444
445443
445
449448448448450449449
INDEX. 871
Physician—Thompsonian.by-laws, officers, vacancies, etc. 449course of reading prescribed and
published . . . 449
exempt from act of 1825 445, 446fees for examination . . 448
for license . . 448, 449graduates may charge for services . 450
or licentiates only to practice 448license refused, notwithstanding di-
ploma.... 449license, temporary—how long con-
tinue . . . 449
may be refused . . 449may be granted . . 449
or perpetual . . 449
licentiates, names of, to be pub-lished . . . 449
to be of good moral character 449
merchants may sell medicine . 449
services, obligations for, void . 448
Applicant's petition for license . 448Certificate of moral character . 448Diploma .... 446License of a physician . . 447
of an apothecary . 447
Forui. Thompsonian Practice.
Diploma . . . ; 450
PLANK ROADS. [See Roads, <^c.]
PLANTERS.buyer of cotton takes no title until
cotton paid for . . 490buying rice and disposing of it before
iDeing paid for, to be punished . 490cattle, persons injuring, liable for
damages . . . 493damages for injury, how recovered 493deduct for wet, by seller's consent 491disputes about property, how to be
settled .... 492factors give notice of sale . 491failing to y)ay, and making away
with cotton, punishment for . 490fees for weighing . . 491lawful fences and enclosures, how
constructed . . 493hot constructed, owner of
cattle not liable . 493marks and brands, clerk's duty to
record . . . 492similar, how settled . 492not needed to be recorded in
. clerk's office . . 49'2
to be recorded . . 492notice of sale, penalties for neglect 491oath of weigher . . .491rice to be paid for before title passes 490storage on cotton, none after sold 491tare or draft on cotton abolished 492title not questionable, possession
sufficient . . . 493violating act of 1806, penalty for . 492
Planters1847, offender indicted . 492March 5, 1856, penalty for . 491
weighing, regulations concerning 491
PLEA. [See Declaration, (^c]
POOR. [See Provision for, ^c.]
POSSESSORY WARRANT.Personal property carried away, com-
plaint made . . . 340constable's fees . . . 342defendant having property, refusing
to produce, committed to jail 341evidence as to possession of . 341
justices' fees . . . 342party taking out warrant unable to
give security . . . 341possession had for four years, not to
be committed . . . 341
recognizance, how disposed of . 341
with security . . 341securities, how far liable . 341
warrant issued for arrest of offender 341
Forms.Affidavit of plaintiff . . 342
Commitment .... 343Recognizance given by plaintiff . 348
Warrant . . . .342
PRIVATE WAYS. [See Roads, ^g.'\
PROCESS. [See Dedaration, ^e.]
PROCESSIONING. [See Land, ^c]
PROMISSORY NOTES. [See SpeciaUies, &^c.]
PROVISIONS FOR THE POOR.Justices of inferior court must provide 586
Overseers must make returns . 586
Tax to be one-eighth of general tax . 587
Forms.
Endorsement on overseer's return 588Order by the court . . . 587Petition for relief . . .587Return of Richard Roe, overseer . 587
PUBLIC SALES.continued from day toi day . 299continuance of, notice must be given 300note or memorandum, none neces-
sary to charge purchaser . 299
purchaser not complying, what maybe done . . • 299
warranty, public officer not liable for 300
RAIL-ROAD. [See Roads, <^-c.]
REAL ESTATE, MORTGAGE ON. [See
Mortgages, i^c.]
RELIGIOUS WORSHIP.Church lots and burying grounds ex-
empt from taxation . . 498
872 INDEX.
Eeligious Worship.Churches, conveyances to, valid . 497
trustees of, certificate to be recorded 497expelled and vacancies filled 497A^acancies filling and how cer-
tified . ... 497subject to church authority , 497
Religious worship, act not to apply to
licensed retailers . . 494disturbing, a misdemeanor . 494, 499
how punishment inflicted 495place of, liquors not to be sold withinone mile of . . 494
disturbing, punishment for 494, 495, 499violation of acts, a misdemeanor 494
penalty for . . 494arrested by warrant . . 494taken into custody . 494
Sunday, arrested on, immediately dis-
charged .... 499civil process, officer serving on, lia-
ble to damages . 499served on, void . . 499
cursing, using profane language on,how punished . . 499
enter tippling-houses by force, on 499games and sports forbidden on . 498good citizens will assist in enforcing
a due observance of . . 499goods not to be exposed on .498intoxicated on, how punished . 499lounger not to frequent public-houses
on . . . , .498officers keep order on . . 499
prosecuted for enforcing, re-
cover treble costs . . 499persons not to work on . 498
Formic.
Afiidavit against disturber of publicworship.... 495
Warrant under affidavit . . 495Bond given by defendant . , 496Commitment .... 496Form of deed for conveying church lot 497
RENT.actions liable at first term . 318act of 1827, extended to vendee of
original lessor . . . 319
claims made and tried • . 318continuance, not more than one . 318contracts for rent, interest on . 318crop, portion of, reserved as rent . 319defence, how made, and where tried 318distress exceeding ^30 levied by
sheriff . . .318not to be preferred to judg-ment , • "
. 318warrant under $30 levied by
sheriff . . .317when levied by constable . 317
lessor, may re-enter . . 318oath, additional, required of tenant 319possession, holding over and refus-
ing to give . . 318tenant refusing to give . 318
double, when tenant liable to . 318
Rent.replevy, defendant may . 318sheriflf's fee . . . .319tenant who holds over, proceedings 318warrant, agent or attorney mayhave .... 319
writ of possession to issue . . 318
Forms.Under Act of 1811.
Affidavit of persons claiming rent . 320of the defendant . , 321
Bond of in demnity given by the de-
fendant . . . .321Constable's advertisement
.
. 320Distress warrant for rent . . 320
Proceedings under Act of 1827.
Affidavit of landlord . . 321of the person in possession . 322
Process issued by the justice of the
peace .... 322Writ of Possession . . . 323
RESIDENCE. [See Giizemhip, Sfc]
RETAIL LICENSE.applicant for, take oath .
• 548bond and security given . 547, 548for spirituous liquors only . . 548how granted . . . 547how procured . . . 648oath, all retailers to take . 549
form of . . . 549punishable for not taking . 549sellers of less than one gallon
to take . .
'
.549to be recorded . . 549
rates of, fix^d by court . . 547
rights of Savannah and Augustasaved.... 548
rates of, penalty for demandinghigher .... 548
tavern, amount of . . 548
Forms.
Bond given by the applicant . . 550County treasurer's certificate . 549License to retail . . , 551Oath of applicant for license . 549
RIVERS. [See Roads, &fc.]
ROADS, BRIDGES, FERRIES, RIVERS,ETC.
Bridges, act of 1792 partly repealed . 516between counties, how provided for 504causeways, condition of . . 500commissioner becoming builder, con-
sequences . . . 505contractor's bond to be taken . 517contracts for building, how made . 516how paid for •
. . 501new ones may be erected , 501over water-courses dividing counties 512public, which are . » . 501
INDEX. 873
KoADS, Bridges, Ferries, Rivers, etc.
Bridges, repair of, providing for . 504
toll, inferior courts may establish . 501
when built, how paid for . . 517
Bridges and ferries, damages over $30,
where tried . . . 502
liability of owner, for insnflSciency 501
toll, attending muster, pass toll free 502
toll, rates set up on signboard, . 502
damages under $30, where and howtried . . . .501
Ferries, inferior courts have power to
establish . . . .507inferior courts may establish . 501
men employed on, exempt from mi-
litia duty . . . .512none where a public bridge . 502fords not to be obstructed . .519reserved power in legislature . 501
Ferry or bridge—chartered rights notdisturbed . . . " . 519
discontinuing . . . 519excessive toll, how remedied . 519increase of toll . . . 519measuring distance between . 516owners of both banks may establish 519
Plank road, appeal allowed . . 527
appraisers of timber, oath of . 527articles of association published . 527award of appraisers to be enforced 527
charter how forfeited , . . 529
companies, application recorded 527
have no banking privileges 527
may abandon right of prop' ty 527directors of, powers and duties 527fee simple of, in company . . 528former charters of, protected . 527injuries to, how punished . . 528not to obstruct public road . 529no travel without paying toll . 529tax on . . . . 527timber on, disputes how settled . 527toll-bridges in connection with 528toll, collected by attachment . 528
defendant may replevy . 528failing to pay, liable to triple 528gates on . . . 528gatherer . . - 529none for crossing . . 529none for passing through gate
only . . .' 529not below certain rates . 528penalty for non-payment of . 529rates of, published . 528how regulated . . 528
who may incorporate to build 527Private ways, act of 1852 amended . 531
but one landing, owner not to ex-clude others . . .531
commissioners' oath of . . 530return of . . . 630return may be controverted 530
costs, amount of , . . 530counties, certain, exempt . 531damages on, how assessed . • 530granted, how . . . 530jurors, how summoned . . 530
when to meet . . 530
Roads, Biudges, Ferries, Rivers, etc.
Private ways, jury, oath of . . 530laid out, how . . . 530obstructions of, how indicted . 529order for, to be passed . . 529owner neglecting, opposite partymay apply for jury . . 531
right of, to haul timber . . 531
right to haul not to prejudice ownerof land .... 531
sheriff mark out and open . 530ia?es jurors may be employed . 531
verdict of jury, how returned . 530
Rail-road company, appeal case tried
as others .... 523
appeal, how made . . 523blow whistle, when - . . 524
check speed, when . . 524
checks for baggage from station to
station, to give . . . 525
conductor, penalty against . 521
costs against, how disposed of . 523
in levying execution . 523
damages over |30 sued for in supe-
rior and inferior courts . 523not over $30 . . 52i^
death caused on, murder . . 525
destroying or injuring . . 525
effect of judgment against . . 522
engineer, penalty against . 525
execution against, how levied . 523
execution shall issue . . 523
freight bills, must specify what . 526
freight trains not to run on Sabbath 521
give notice of stock killed . . 522
hands, how excused . .519, 520
intrusion upon, how punished . 525
justice try cases against . . 522land to be appraised . . . 520
levying officer advertise . . 523
liabdity for damage to stock . 521
of . . . .526of, for negro escaping . 521
liable for baggage . . 521for employees . . 526for negligence to employer 526
may tender satisfaction . . 523
must publish rates . . 524neglecting to give check . . 525
notice of, form of . . 522how served . . . 522
what contain . . 522partner may maintain suit against . 523penalty against . . 524plaintiff" v/itness against . . . 522sign-boards at crossings . 524slaves not to travel on . . 521subject to general liability . 525through rates established by . 524W. & A. may be a party . 524when person killed on, who may sue 526where may be sued . . . 526
Rivers, ballast throwing into, forfeiture 532creeks, inferior court may order
clearing out , . . 532forfeitures, how applied . 533offence committed, justice of peacemay act .... 532
8T4 INDEX.
Roads, Bridges, Fekeies, Eivess, &c.offender arrested
offeuder committed to jail .
rioadS; altered, post to be removedapplicant to repair, report annuallyapplicant not satisfied, to remain,and work with other hands
being distinct lines, what to be donecommissiotiers of, appointedcommissioners of, assign portions
for repairs
pommissioners of, defaulting to havenotice ....
commissioners delinquent, proceed-ings against
commissioners of, general authorityof .
commissioners of, keep a book andenter fines therein
commissioners of, neglecting or re-
fusing ....commissioners of, notified of their
appointment . .
commissioners of, power to admin-ister oaths
commissioners resigning, vacancyhow supplied
commissioners of, to issue execu-tions ....
commissioners of, to notify overseerof neglect....
commissioners of, vacancy suppliedby inferior court .
commissioners of, what time may re-
sign ....company allowed to make excuseand defense
condition of .
cross, how kept up .
damages, excessive, how avoideddefacing mile-posts and removing,
penalty for
direction boards to be put updirection boards, what to be onthem ....
districts, inferior court to lay outnew ....
execution for amount of expenses .
money arising from, paid to
commissionersmile-posts, how continued from dis-
trict to district
how to be workedinferior court, may 1
roadsjustices of peace to
duty ....liability of applicantmacadamised road, who may buildmatters may be acted on in vacationmeasured, where to begin .
ministers exemptmoneys of, how appliednew, discretion of inferior courts in
opening ....new, how laid outobstructing, liable to fine .
old, alterations made in
ay out
enforce
new
road
532532506513
513504502
513
505
505
603
507
505
502
502
505
503
503
503
514500501500
506506
506
502514
514
506504
500
513513526507506520505
505502504502
Roads, Bridges, Ferries, Rivers, &c.overseer, appointed by commission-
ers . . . . . 503overseer of, penalty for neglecting
posts and boards . . . 506overseer, summons of, what must
specify .... 503overseer to keep in good order and
report to commissioners of com-pany's neglect . . . 514
overseer to measure and set up mile-posts . . . .506
person filling vacant commissioner-ship liable as original . . 505
public, crossed by rail-road, to bekept in good order by compa-ny .... 513
public, which are . . 500public, who liable to work on . 503repairing, company neglecting to act
for 50 days . . .514repairing, company neglecting, to
be notified . . .513second section, act of 1799 in force 507stumps and trees, bow cut , . 501through uninclosed lands to be paid
for . ... 519timber used on . . . 504toll on, Jersey wagon same as cart . 512through grounds, how grievances
redressed.... 500width of, and causeways . 504
Road-hands, defaulters to be returned 504excuse may be made . . 503executions against, constable col-
lects fines.... 503extraordinary calls upon . 516fines of, how disposed of . . 503how excused , , . 516
how many required . . . 503
length of time required to work 503
neglect or refusal, penalty of .516overseers not witnesses against, ex-
cept as to summoning to work . 504overseer of, fined for default . 504owner furnish list of . . 503penalty for refusing to furnish list of 508
for refusing to appear andwork . . . 503
li'ortus.
—
Roads.
Appointment of overseer . . 508of receivers . . 511of road commissioners . 507
Commissioners, notice to overseer 510First sitting of board of commission-
ers . . . . . 608List of defaulters returned by overseer 508Notice to an obstructor of the road 510
defaulter . . . 508negliijent overseer . 510
Oath of defaulter . . . 509Order establishing the road petitioned
for 511Petition for a new road . . 510Report of reviewers (on back of order
of appointment) . . . 511
INDEX. 875
Roads, Bridges, Ferries, Rivers, etc.
Second sitting of the board of com-missioners .... 509
Writ of scierifacias . . . 509
Vorms.—Bridges.
Affidavit of president of rail-road . 515
Bond of public bridge-builder . 517
Establishment of a public ferry . 518Notice to the overseer of the obstruct-
ed road . . .515to president of railroad com-pany . . . 514
to rail road company of dam-age done . . . ^22
to undertaker of public bridge 517Overseer's report . . .515Public ferry bond . . . 518
ROAD-HANDS. [See Roads, 8fc.-]
SCHOOL FUNDS, l^ee Academies, Sfc.-]
SERVANTS NOT SLAVES.age, how determined . . 773assignee, how bound . . 774clothed when discharged' . . 774contracts, how enforced in this State 773
with white servants madeabroad . . . 773
how long bound . . 773iudentures assignable , . 774
executed in foreign countries 773master may not turn away sick . 774may own property . . 774other contracts for further service . 774power of the court . . 774remedy against master for ill-treat-
ment . . . 774of master against servant . 774
servants, how to be treated . 773sick to be provided for . . 774
SETS-OFF.plead and allowed . . .97
SHERIFF AND DEPUTY.bond and security, purchaser of life
estate to give . . 77mortgaged property to give 77
bond filed in clerk's office . 77for titles given, land how sold 74
claimant, property left with . 75county-line dividing, lands may be
sold ... 74defendant, imprisonment of, where 74forthcoming bond in claim . 75growing crop may be sold with land 73
not to be sold separately . 73sold when debtor absconds 73
hours of sale . . ,76jailer's bond and security . 70
fees . . ..72'
oath of office . . 70lien prior to any other judgment . 74mortgagee's affidavit . . 77other counties, land in, may be sold 74
Sheriff and Deputy.party to make affidavit . . 77plaintiff, bond transferred to . 75property levied on, sold in county 74purchaser failing, property to be re-
sold .'. . 77
sci. fa. how directed and served 76sheriff, absenting may be ruled . 71
administrators of, remedyagainst deput}^ . 67
and coroner put purchaser in
possepsion . .72and deputy, not to purchase
at their sales . . 61assistance, may command . 67attachment, subject to . 68bond and security . 67bonds of, who authorized to
take ... 76certain cases, liability in . 68Chatham co. excepted, act of
1818 ... 72death of, deputy continue to
act ... 67deeds to, purcliasing at his
own sale, null and void . 71duty in attending court . 67executions for or Hgainst,
served by coroner . . 74expenses of, in punishing pris-
oner, infr court to pay 72fees, additional allowed . 70fire, blankets, etc., furnished
to prisoners . . 72following property, addition-
al fees for . . .75forthcoming bond declared
legal ... 70incoming to finish up business 68interested who may act . 71jail and prisoners must turn
over to successor . . 67jail kept clean . . 72in claim cases . . 75land levied od, notice given 73liabilities and duties of . 68mal-practice, liability for 68misdemeanor, guilty of, pen-
alty . . .71* must furnish medical aid to
prisoners . . 72must keep execution docket 66neglecting duty, to be fined 72not to act as constable . 76not to practice law . 68not to sell land out of his
county . . .73oath of deputy . . 67oath of office . . 67plaintiff's right not affected
by forthcoming bond . 71slave levied on and employed
by, feed not to be paid for 71unfinished business to suc-
cessor . . 67strangers to suit, writ of possession
not issued against . 73suit on sheriff's bonds without order 75
876 INDEX.
Sheriff and Deputy.writs copied and issued 20 days be-
fore court . . 75extension of time for serving 76to be served when . 75, 76
Forms.Affidavit of mortgagee . . 77
remainder-man . . 78Bond of purchaser of life estate . 78
to return mortgaged property 77Deputy sheriff's bond , . 69
sheriff's oath . . 69Jailer's bond . . .70
oath . . . . 70Sheriff's bond . . .68
notice of levy . . 73
SLAVE AND FREE PERSON OF COLORaccused, master concealing, howpunished . . . 598
act of 1768, how construed . 603of 1801, to be enforced . 617of 1801, how construed . 612of 1811 applies to . • 607of 1818, fines, how recovered 615of 1849, renewed . . 689of 1852 repealed . . 639
allowance for, provided for , 600all persons assist in carrying out act 697amount of relief recovered of owner 610arrests and trials, as act of 1811 . 611attempting to be set free, sold . 613bond delivered to complainant . 632
form of . . . 631no complaint against, to be
delivered . . . 631remain in office four months 631
bringing such, penalty for . . 628by-standing, may be required to in-
flict punishment . . . 598cannot be manumitted, only by
legislature . . . 605capital cases . . . 607
must be committed . . 607capital offences by, designated . 620certain vessels of adjoining States
not included . . . 632certificate of registry, clerk's fees
for . . . . 619transferred to another, pen-
alty . . .619certiorari issued when party dissatis-
fied with judge's decision . 621claimant to make oath . . 627competent witnesses, who are on
trial of . . , 597complaints, how made, . . 631corporation, general powers of . 624
receives pay for sick . . 624corrected on the spot . . 597cost of prosecutions of, how paid . 604cruel treatment of, how punished 635damages allowed . . . 596deeds of manumisf-ion . . 605demanded of owner . . . 600description of, corporation receive 624destitute, inferior court must relieve 660
Slaves and Free Persons of Color.druggist employing, how punished 628duty of court in passing sentence
upon . . .618of grand jury in capital cases 634of solicitor-general in capital
cases . . .634escaping through negligence, jailer
answerable . . . 600executed, State not liable for , 604false information, giving, punished 597fees for constable . . . 598
jailer, how collected . 636
fi. fa. for costs issued . . 598fines, how recovered . . 605fire-arms, forfeiture of . . 595
how forfeited . . 599in possession, any one may
seize . . . 595on Sabbath, not to carry 595owner of, notified of seizure 595patrol may seize, in negrohouses . . . 595
fire dwelling-house by night, capital
offence .... 621
firing dwellings, how tried . 621
fugitive, liability of constable andjailer refusing to receive . . 601
follow condition of mother . 595form of oath of owner . . 60243d sec. act of 1770 repealed . 6
from non-slave-holding State not to
enter this . . . .627fugitives delivered to constable or
jailer . . . 600returned to owner . 599
further proceedings suspended . 621
goods of, restored to owner, how 602
seized and forfeited . 601
how offence is charged in indictment 604if mothers, oft'spring slaves . 595illegally imported, governor take
possession of . .611how sold . . 611
turned over to colonization
society . . . 611
importation of, restrictions removed 641
inferior court deny registration to 628courts have jurisdiction . 628receive bond . . 631
infirmary for, corporation appointcommittees . . 623
elections omitted, not to prej-
udice . . .624former appointments con-
firmed . . 630for, incorporated . . 623officers when elected . 623
majority fill vacancies . 630information corroborated . 597informing against another to be re-
warded .... 597in other counties, sold there . 637
insane, arrested by warrant . 636committed to jail . 630
costs, by whom payable andhow collected . . 636
fees for keeping, to jailer 636
INDEX. 877
Slave and Frek Pkesox of Color.insane, owner giving security have
care of . . 636owner or guardian have notice 636
jailer discharging, after notice, liable 633duty to fugitive . , 600
judge pass sentence . . 635judgment for defendent . . 596
plaintiff . . 596justice's certificate entitled to reward 597law, persons attempting to defeat,
how ponishe-l . . . 615liability of persons making wills for
manumitting . . 613manslaughter by, bow punished 618manumit, penalty for attempting to 605
may be detained . . . 600may trade, if permission had . 602mileage how collected . . 600mode of proceeding for murder of,
as for white . . . 604mother and child under 5 years not
separated . . . 6Z1more than one complaint, copies to
each .... 632must be advertised . . 600not allowed to appear, master pun-
ished . . . . 598not to administer medicine . 598not taught to write or read writing 603not to beat drums . . 603
be employed by druggists,
when . . . 628be tried twice . . 608carry fire-arms . . 599congregate . . 604labor for themselves . 605hire house . . 603sell or purchase without .
ticket . . .618work on Sunday . 603
number of man, not to travel . 603offenders, how punished . 598or free persons, harboring runaway,how punished ; . . 601
owner applying, net proceeds paidhim ... 622
first notified of seizure . 699of vessel failing to comply,misdemeanor . . 632
of vessel liable ; if no bond 632penalties increased . . 612penalty for selling without ticket 618permit, what contain . . 602persons chartering vessels, to give
bond and security . 630furnishing pass, unauthor-
ized, fined . , 596letting house to, how punished 603refusing- to obey, how punished 597while securing runaway, re-
ward by public . . 601
plea of general issue allov/cd . 596poisonous drugs not to be vended by 628presiding judge, duty of . 605presumption against plaintiff , 596proceedings against . . 607
clerk to record . . 607
Slave and Free Person of Color.proceeds of sales of, how appropriated 612
how disposed of . . 614how appropriated . 613
proof, burden of, on plaintiff , 596property considered escheated 614prosecutor of, none, what may be done 635punishment in cases not capital 607refractory, may be corrected . 596registry of freedom, notice of appli-
cation .... 619regular packets, give bond annually 631
regulating sales of, in cities and towns 634returning fugitive to owner, bond
not forfeited . . 632reward paid for taking up . . 600run-away, fee allowed for taking up 635
jailer retain, until reward paid 632
jailer to advertise . 622
how advertised by jailer . 634
not claimed, advertised bysheriff... 622
sheriff write to owner . 622
taken up, to deliver within 4days . . . 635
searches made for fire-arms in pos-
session of . . . 597sentence and punishment of, how in-
flicted ... 611
sheriff to punish, for capital offences 598sold, owner refusing to pay expenses 601
still in slavery . . . 605striking white persons, how punished 599striking white person, if command-
ed, excusable . . 599suing for freedom, how to proceed 595suit, how commenced . . 632taken up and whipped, when . 602taker-up of, mileage allowed to . 600teaching others to poison, both pun-
ished ... 598trade, rewards for suppressing . 617trial how conducted . . 635
of, all summoned to appear 598of, who may be v^itnesses 610
unclaimed, sold by sheriff . 622under control, may be employed by
druggist.... 628unlawful meetings of, broken up 597upon non-suit, plaintiff pay costs 603ward of plaintiff' not to be abusedby defendant . . 596
what crimes considered capital . 610of, declared capital . 618
where, may carry fire-arms 594, 599ten or more, a white man 628
who exempt from penalties . 618wills and contracts for manumission
void.... 613without pass, how punished . 596witnesses who may be . . 635written tickets or pass, must have 595
Free persons of color, act of 1811, ap-plies to . . . 607
act of 1818, howcarried into opera-tion . . . 615
1818, partially repealed . 617
1829, portions repealed . 638
878 INDEX.
Slave and Free Person of Color.
act of 1854, applies to incorporated
places only . . . 638
advertised . . . G13annually registered in office of in-
ferior court . . . G13
answer of claimant . . 615answer read as evidence . . 615appeal allowed . . 62G
arms to be sold . . . 625
attorney and solicitor-general to
prosecute . . . 619
captain's bond and security . 619
conditions of . . . 620
how sued upon . . 620duty on arriving in certain
ports . . .620unlawfully carrying away . 619
case wlien tried . . . 626certain, exempt from penalties . 637
bound out . . 606. certificate . . . . 614
obviate necessity of registry
iu other county . . 637children of, to whom bound, give
security . . . 638to be bound out • . 638
clerk's fee for service . 613clerk file proof . . . 627compelled to perform public work . 614continuance allowed . . 626construction of act of 1818 . 615defaulters, certain, how punished . 637defaulting, how relieved . 633, 637discharged, if found free . . 630examination reduced to writing, and
returned to superior court . 629exonerated from past liability . 617expense of publication . . 614fire-arms, not to carry . . 625governor may not commute punish-
ment of . . . 611may pardon, act repealed . 610
guardian's compensation . 606guardians may resign . . 620
not liable to debts of ward 60Gof . . . 606
held iu slavery, proceeding for relief, 629how provided for . . . 606ill-usage, how remedied . . 600inveigling slave, how punished . 610issue, trial and appeal . . 630jurisdiction of court . . 615jurisdictiou, what court has . . 625lose their rights, under certain cir-
cumstances . . .*627
master and owner of vessel, whenliable . . . 638
selling apprentices, how pun-ished . . .638
masters of vessels, what must do . 638minors excepted . . 617, 633, 637neglect to register, further, how
punished . . . 633not complying with act, how dealt
with . . . . 614not purchase and possess slaves . 614not registered, to leave State . 627
Slave and Free Person of Color.not to come into State . .612not to be enslaved . . 618not to leave vessels within certain
hours .... 619not to trade with slaves . 612oblii^ations, how filed and acted on 614otfences punishable at discretion of
court . . . 610offenders, how punished . . 625penalties against, how recovered 624penalties in port, how sued for . 620penalty on clerk for neglect . 627perform public work how many days 614preaching, penalty for . 625preach, must not, without authority 624proceeds of sale of firearms, how
applied . . . 625prochien ami, file his petition . 629
give bond and security . 629
give bond before commencingproceedings . . 629
proof necessary to procure certificate 627
property, certain, not forfeited . 617prosecution repeated every 20 days 612punished as slaves, for harboring
slave .... 626
register where guardian resides 637
registry questions of, appealed upon 615requirements of statute, mutit per-
form .... 617
seamen remaining after ship sailed
may be prosecuted . . 61B
set at liberty, on verdict in his favor 626
sue and defend next friend . 620suspected houses searched . 626
under fourteen, not subject to pen-
alties .... 633unlawfully held in slavery, proceed-
ings .... 626,629violating act of 1854, punished . 638
warrants returned and acted on 615whose favor, statute not to operate
'
637
written order, must have, to obtain
credit . . . 624
Application for registry, by free per-
son of color . • . 616Affidavit to obtain a warrant against
free person of color . . 607Certificate of registry . . 617Exceptions . . . 621
Jailer's advertisement for runawayslave .... 622
Judgment rendered by the justices 609Notice of application for certiorari 622
to associate justices of peace 608to the jailer by the taker-up 633
Order of court, in chambers . 616
Permit to purchase, under statute 618Petition by free person of color for
a guardian . . . 606Petition for registry as a free person
of color . . . .616Pteturn of the constable on the war-
rant .... 608
Sale of runaway slave . . 633
INDEX. 879/.-
Slave and Free Person of Color.Suiipoena for witness . . 608
Warrant a<^ainst free person of color 608
of commitment . . 609
Written permission to sell articles 604
SOLICITOR-GENERAL. [See Attorney, Sfc. ]
SPECIALTIES, BONDS, BILLS.Bills-of-exchange, act of 1 823 extended 95
damages recovered . . 95dishonored, damages allowed 95
foreign, returned protested 95
interest recovered . 95
Bonds, notes, etc., days of grace whennot allowed . . 94
holidays not to be counted 94negotiable . . 93negotiabiiit}- may be restrain-
ed . . . .94rule of valuation for specific
article . . . 94specific article, contract for,
how settled . . 94
Check . . . . .90Foreign bill of exchange . . 96.
Inland bill of exchange . . 96Note for specific articles . . 94Prommissory note, joint . . 96
joint and several . . 96
payable to order . . 97
SPECIAL POWERS SUPERIOR COURT,[See Superior Court, >S|T.]
STATE AND COUNTY OFFICERS.County otiticers, appointments by whom
made . . .' 364, 365ai^pointment how made and entered 873authority of county and town to
fill certain vacancies . . 366bond and security to be given . 373case of tie, governor to appoint . 362certain acts of sheriffs made valid 364certain judicial and ministerial acts
made valid . . , . 364contested election, governor's com-
mission . . . 371copy, under affidavit, prima facia
evidence .... 375deputy-sheriff may be ruled . 373election fur justices, where held . 365
of . ... 362, 363bow conducted . .362
ex-officers failing to turn over, maybe sued . . . 372
subject to order of court . 363turn over to successor . 372
inferior court to appoint treasurer . 366informalities in sberifl's bond . 863in other counties may act in certaiu
cases .... 372justice of inferior court how elected 365liability of, having moneys in hand 375must advertise sales, etc. . 374
not change advertisement . 375
State and County Officers.notaries' clerks' fee for registering
names .
inferior court appointnames to be registered
oaths in new counties
omission of, not to invalidate
acts
to be taken, by civil andmilitary
to be taken as to publicmoneys .
officiate, ad interim
offieer pay 20 per cent, net onmoneys
prisoners not to be ironed .
public moneys, hold^t of, not to becommissioned
qualify within teu daysremoved by governorresignations to be provided for
returns may be traversedto be njade on oath .
rule absolute, lien upon property of
in vacationto be comrnissjonedspecial officers appointed in certain
cases ....vacancies hovv filled . . 362,
of justices filled
what, may administer oathvt'hen apply for their commission 362,
compelled to pay execution, to
have control .
who are voters
County Surveyor, amount of bondmay administer oaths
bond and security of
book may be inspected
clerk of inferior court, when acting
for, to give bondexecution may be issued against .
exhibit to grand-jury .
keep book, etc.
oath of .
pay order of inferior courtsheriff and other officers to paymoney to .
to give receipt
Sheriff, court to pass order givingcontrol
defendant escaping, officer liable
failii]g to keep docket, how punishedin case of tie, another election
term of office .
to have control oi fi. fa. whenvacancy in office of, and other ofiices,
provided for . . 868,
Central Bank, officers' salaries re-
duced ....Comptroller-General, accounts against
State to be audited .
accounts audited, governor maywithludd pay in certain cases 354,
accounts with treasurer
hovv keptagent's accounts to be audited by
must make report .
366366366372
364
364
365362
372876
365303362365374374374373365
373365372
365
374362369370366367
360367867367366867
366367
874or-oo/ o
3738683(18
360
354
355352353354
880 INDEX.
State and County Officers.and treasurer responsible for illegal
payments . . . 352
annual report, what it must contain 352appropriations unexpended, ac-
counted for . . . 35]
approval had before treasurer makespayments . . . 352
attorney and solicitor-general mak-ing default . . . 353
banks, etc., to pay drafts . . 352bond and security of agents . 354defaulters, suits on bonds of . S55defaulting agent, proceedings against 354
353353355351
353353
353357
352352351
tax collectors
20 per cent, paid byduty of agents heretofore appointed
defined .
sheriff, liability for default
evidences of debt to State
execution against defaulting tax-col-
lectors ....give bond and security
governor suspend tax executions,
how far ....over-drafts not to be approved .
powers transferred to
revenue laws, suggest amendments to 352salary of . . . 354, 360
reduced . . . 360
tax executions issued by . . 353unqualified collector, when indictable 354warrants how approved . .. 353
Governor, salary of . . 361
Governor and treasurer, appropria-tions, books of, to be kept
funded debt, book as to
Governor, comptroller-general, andtreasurer, appropriations un-drawn ....
bonds and coupons paid, where filed
governor's warrantsinterest, where paid
public debt, funds applied for
must report to legislature
schedule of bonds, etc.
kept by comptrollertreasurer
State bonds, interest, etc., report as
to .
stocks pledge for payment of public
debt ^. . . .
treasurer and comptroller's report
to governor . . . 356, 357
treasurer's deficiency report . 356duty of . . . 356
must submit estimates . 356report new objects of taxation 35S
Western and Atlantic rail -road, ac-
counts of ... 356Judges of superior court, salary of 301
Judge of supreme court, salary of . 36]
Penitentiary, officer's salaries reduced 360Public library, $1000 to increase . 361Public librarian, salary of . 361, 362Public officers, governor may dismiss 361
over-payments, how drawn and re-
ported . . . 361
355355
356357356356356356355
355
856
357
State and County Officers.securities relieved by governorsecurity, insufficient, bow remedied
Secretary of State, certified copies
evidencegive bond and security .
State printer, act of 1854 re-enacted
amounts to be paid .
bills to be printed on writing paperbond and security ,
compensation reduced .
compilers, governor to appointmust read proofduty of . . 359,
compensated by order of governordelay, governor may deduct for
delivering MSS., time for
dimensions of pageduties faithfully performed .
duty of .
enters on duty 1st Novemberextra pay allowedhold office two yearshow printing executed .
laws and journals, governor may in-
crease numberlaws to be boundnumber laws and journals to be
printed
printing to be by order .
done in State .
protracted delay, governor may dis-
miss for
quality of papersalary reducedstatute-laws, how printed
size of type .
what he must print
work to be done at seat of govern-ment ....
Surveyor-general, give bond and secu-
rity ....salaiy reduced .
Treasurer, give bond and security
quarterly report to be on oath .
salary reduced
Forms.
Affidavit of the attorneyCaveat in land-court
Clerk inferior court's receipt .
County-surveyor's bondCounty-treasurer's bondCounty-treasurer's certificate
Demand ....Oath of chain-carrier
Oath of county surveyorOath of county, treasurer .
Warrants to county surveyor .
361
361
357357360358359358360360359
360359359359359359357358359358358
359360
359358358
359359360360359358
358
357360357357360
375371368369367368375370370368870
STATUTE OF FRAUDS!assignments of trusts to be in
writing . . . . 766considered, need not be expressed
if promise to pay is in writing 767
dev sed interests inlands, how revo-
cable .... 765
INDEX. 881
Statutes op Frauds.devises of land to be in writing, and
attested by 3 or 4 witnesses . 765estates for life of another devisable
and regarded as assets . . 767lands held independent of trustee 766
liable to execution against
cestui que trust . . 766leases not exceeding 3 years, ex-
cepted . . . 765of estates of freehold cannotbe created by parol . 765
no heir become chargeable out of
his own estate, by reason of this
act .... 767parol leases of freehold same effect
on estates as will . . .765promises and agreements void, un-
less put in writing and signed byparty making them . . 765
trust by implication of law, ex-
cepted . . . 766estate shall be assets in the
hands of cestui que trust . 766interests in lands must be in
writing . . . 767
STOCK-HOLDEKS.vidicals.]
[See Banks and Indi-
SUPERIOR COURT.adjournment of, by clerk . 28, 32
from providential causes . 32arrest, witnesses free from, on civil
process . .
• .28books and papers must be produced 28
plaintiff failing to produce,
^ non-suit . . .28defendant failing to produce,judgment by default 29
continuance allowfd . . 29court, jurisdiction of . .28
failing to meet, what to bedone . . .28
record of . . . 28to be held twice a year . 28
judges, time of election 162juries to be drawn for adj'd terms 28lost papers may be established . 29
mode of establishing . 29notices, how and when served . 29return false, mandamus absolute to
issue . . .32may be traversed . 32must be on oath . . 32of officer to mandamus must
be on oath . . 32special powers of (see chancery) . 163terms, adjourned must be held 28
Forms.Copy note . . . .31Notice to produce books . . 29Petitioner's affidavit . . .31Petition to "establish destroyed note 30Rule absolute . . . .31
nisi., by the clerk . 31Writ of mandamus -, . .34
Superior Court.Writ of mandamus, order of the judge 33
petition for . . . 33return to . . . 34verification of the return . 35
SUPERIOR COURT, CLERKS OF. [SeeClerks, <^c.]
SUPERIOR COURT, JUDGE OF. [SeeJudge of, <^c.]
SUPERIOR COURTS, SPECIAL POWERS.act 1854, application of . . 177
construction of, by courts 177amendments, answer may be waived 177
may be made . . . 177answer, exceptions to . . 177
of non-resident party, howtaken . . . 174
appeal in equity causes . . 170auditor costs, how paid . , 178
may be appointed, when . 178must report . . 178
bill, answer to . , .163how and when served . 163taken pro confesso . . 163served 30 days before court . 177that must be read and sanc-
tioned . . . 166bond given by complainant . 166books, production of required . 170case for trial . . . 163causes, when tried . , .177cross-bill.... 177decree passes title . . .169demurrer . . . 177
overruled, defendant must an-
swer "... 177distribution of estate, one distributee
may require . . . 169equity powers and proceedings . 163
precepts, publication howmade . . . 169
inability of complainant, wrlt^ toissue . . . . 166
judge interested in suit . . 171judgment, how far extends . .176orders and decrees in cbamberSp
chancellor may pass . 176clerk must record . 176
orphan's property, remedy against
running off . . . 171parties, all must be named in bill 169
all of company not made . 176examined by commission 177examined in open court 177may resort to equity . 176not compelled to institute
suits in chancery . .175proceedings to be by bill . 163receiver appointed in vacation . 166replication and order not necessary 177respondent must have time to answer 177security, defendant failing to give 171
defendant may give . . 171new or additional, in case of
insufficiency . . 173
882 INDEX.
Superior Court, Judge of. Supreme Court.specitic performance, decree for . 169 causes, criminal . . • . 14trustee, estate of, liable to waste 176 civil 14
in possession of property, may- to be determined at flrst termcontrol 176 13 15
writs of ne exeat^ defendant in, to give cases, how carried up 21security 172 clerk, appointment and removal of 16
joint obligor may have . 171 general duties of 16security may have against fel - may appoint deputy, his du-
low-obligor . 171 ties . . . 16may issue . 170 of superior court may be pun-reversioner may have . 173 ished for contempt 20
office where to be kept . 16Forms. costs, attorney bound for . 16
Affidavit of complainant 167 how taxed 23where judge interested . 172 time allowed for payment 18of remainder-man 174 damages in affirmed cases, ten per
Bond given by defendant . 172 cent. 15given by plaintiff 171 when not allowed 15of defendant in ne exeat . 173 death of defendant provided for 22of person or possession 174 or removal of judge superior
Commencement and conclusion of an- court, what may be done . 20swer 165 decisions of the court, how made
of bill 163 and certified 15Complainant's bond . 166 not to be reversed or changed 28Demurrer .... 164 obligatory on court below . 15Disclaimer 164 on record . 14Oath of defendant to his answer . 165 docket, how arranged, and noticePlea .... 164 given .... 21Quia timet .... 168 fees, how paid 19Sanction of the judge . 167 only for actual services 18Writ of injunction . 167 facts not to be controverted 14
ne exeat 168 judges, attendance of all 13subpoena . 163 attendance of only one, his
duty 13SUPEEME COUKT. commission of 13
act of 1845 partly repealed . . 24 salary 15adjudication of cases in supreme term of office 13
court . . . 15 three . , . . 13amendments, what may be made anc I to be sworn 16when 19 vacancy, how filled . 13
argument of counsel not to be re who eligible 13ported 19 oaths of clerk and reporter . 17
assignment of error unnecessary 22 officer refusing to do his duty, man-attorney-general, fees of 19 damus may issue against him 15
must attend 17 one continuance may be allowed 20bills of exception, absence of judge operation of act of 1852 20
superior court 22 opinions to be recorded by clerk 19amendable 18 order to carry case up may be issuedex-judge superior court musi by any judge 24
sign 20 parties, how made 23bow formed 14 to writ alone necessary 17inability of judge of superioi party, non-resident, need not givecourt to sign 24 security 17
judge superior court must sign 14 security not a 17notice of signing 14 pauper cases, criminal, fees how paid 23original to be sent up 19 powers of the court, in certain cases 17presented and signed 21 recognizance in criminal cases 14served 21 record, failure to file . 17service of notice . 14 of court below need not be re-
time allowed for service of 18 corded 18to be submitted within thirty to be evidence 16
days 14 remitter .... 18transmission of by clerk oi reporter and assistant's duty 18
superior court 21 appointment of . ' . 16what unnecessary 22 his duty . 16
bond and security in civil cases 14 may appoint assistant 18causes, how carried up . 14 may practice 18
INDEX. 883
Supreme Court.reporter's salary, when paid . . 18
reports, book of, to be published 16
copies to be furnished . 16forfeiture for neglect to pub-
lish . . . .16returned cases, when for trial . 20seal of the court . . . 17
security failing . , . 16insufficiency of . .16inability to give, may file affi-
davit . . .17sessions of court, times and places
for holding . . .20sheriff, county, to attend court . 15
fees . . . .15solicitor-general, fees of . . 19
must attend . . .17supersedeas ... 14
in unbailable cases . . 14supreme cout established . 13transcript of record sent up . . 14writ of error ... 21
judge superior court, certifi-
cate of . . .21other proceeding unnecessary 22
writs, etc., amendable . .19Forms.
Bill of cost . . .27Bill of exceptions... 24
acknowledgment of service ofcopy . . .25
affidavit of inability to paycosts . . .26
bond in civil case . 25bond in criminal case . 26clerk's certificate to transcript
of record . , .26entrv of time of filing in of-
fice . . . .25judge superior court's certifi-
cate of . . 21, 25Judgment of the court below .- 27Remittitur . . . . 27Supersedeas , . , .26TAX.County-tax, act of 1835 made general 673amount of, on shows of each descrip-
tion . . . .671certificate to jurors, clerk to issue . 670certificate to showman . . 672certificate to showman, clerk's fee 672clerk pay money to Co. treasurer 672county treasurer must pay . . 670collectors must collect . . 670collector's pay . . .671complaint on oath against property 672corporate powers saved . . 672collectors give bond . . 671extra, levied and how collected . 670
must be recommended bygrand jury . . . 671
fines, how appropriated . . 670fines, how collected . . 670how fine imposed to be distributed 672how appropriated . . 662
Tax.municipal laws not abrogated . 672shov/ in incorporated town, tax to
go to corporation . .• 673
showman fined, what amount, etc.
670, 671violating act, penalty for . . 672
Tax-act of 1804, partly repealed . 6461804, and consistent acts per-petuated . . . 653
1804, perpetuated , . 6451850, re-enacted and amend-
ed .. . 6671852, partly adopted . 662saves city of Savannah . 6561856, amended . . 666Feb. 26, 1856, repealed . 666partly repealed . , 665made perpetual . .661
accounting with treasurer, col-
lector's duty . . . 647additional oaths of receiver . 669agencies of foreign banks . . 686agents give in returns and pay . 643amount of and rate of assessment . 660
of execution . . 651articles to be returned, explained . 668attorney of non-resident, how pay 640
when again liable . . 641bank and rail- roads . , 661bank stock, highest amount return-
ed .. . 651blank digests to be furnished . 666bond of collectors, where recorded 664certificates of entries made evidence 665claims, how tried . . 646, 663
to property levied on, allow-ed . . . 663
classifying returns . . . 660clerk's duty in making returns 644, 668
fee, in case of defaulter . 642of inferior court receive re-
turns . . 644,668collector, attendance in captain's
district . . . 640bond and take oath . 640, 667bonds, amount of, recorded 662compensation . . 666
• demanding more than lawful,
penalty for . . 642duty . . .646enter defaulters in book . 667executing prop'y, when liable
to forfeit . . .650j^. /as., how collected . 662illegally acting, penalty for 640how and when give bond and
security . . 640, 652oath of . . . 667search out defaulters anddouble tax . 665, 667
when pay over money . 664who to lay insolvent list be-
fore . . .666collect lax, who must proceed to 6 48conveyances to avoid paying, void 641consistent laws continued in force 666commissions to receiver and collector 655
884 INDEX.
Tax. !
compensation to receiver and col-
lector . . . 657, 661
comptroller-general allowed to em-ploy counsel . . 668
receipt before pay to receiver 647settle up business . . 664may be used . . 652
deduction in favor of receiver andcollector . . . 657, 661
defaulters double and treble taxed 654give in to inferior court . 642,644make returns to clerk inf. ct. 645
list of, made out . . 647
returns, clerk's fees . 645defaulting collector, security of, not
to be sheriff . . 649subject to 25 per cent. . 652sheriff, proceedings against 651property, double tax . 664
digest to be delivered to receiver 648when to be returned . 654returned 1st August . 663
disputes, how settled . . 669double assessed . . . 648duty of comptroller . . 660errors to be corrected, by whom 655estates of deceased persons, when
relieved .... 654excess of tax remitted . . 647exceptions in returns . . 651execution against defaulting col-
lector ... .652executions against defaulting banks 651
for county tax . . 646, 652
executor or adm'r, when must pay 641expiration of time for receiving re-
turn, notice of , . 648express companies . , . 668
failing to make returns, whatdone . . .668
amount of executions . 668failing to elect receiver or collector,
what done . . ' 655false returns, double tax . 654four-fold, inferior court remit . 648
repealed . . . 648$400,000 to be raised annually . 662
4th and 5th sects, of act 1850-1851continued . . , 661
free persons of color hired out for 650taxable . . .659
governor to pay for printing laws 669incorporated banks to pay . . 650inferior court assess tax to pay jurors 663
make necessary rules . 643or grand jury allow insolvent
list
.
. . .664insolvent list, amount allowed, how
stated . . .666amount of, when refunded 649collected, how paid . . 666executions on . . 666how allowed . . . 648when allowed . . . 666
insurance companies pay 1 per cent. 667justice of inf. court not to be coll'r 646justices of p . make returns to rec' r 653
Taxland surveyed, not granted, taxable 659
laws, digested, printed and distrib-
uted . . . 669
etc. turned over to successor 669priced by comptrollor-gen. 669
levy executions, how sheriff must 651
on perishable property, howadvertised . . . 652
limitations of action . . 641
lottery, manager of, what to pay 667
lottery-tickets, selling without au-
thority .... 667
manner of making out digest . 660
mining companies, where to pay . 663
mistakes corrected by, shown .
moneyed and stock corporations lia-
ble . . . . . 659
money not paid over, refunded . 655
collector must proceed to collect . 654
mortgagee to pay, mortgagor failing 641
names of persons garnisheed, to bereturned .... 665
"no-fraud" when juries find . 667
no judicial interference allowed . 642
nominal slave taxed $150 . 656non-resident buying goods, to pay . 642
not collected after two years . 648
on foreign banks, how collected . 657one-twelfth of one per cent, too
much, what done . . 661overpaid amount, refunded by the
State . . . .655payers, oath of . . . 668penalty for neglect . , . 653
how recovered . . 641refusing to give in . . 641
personal estate defined . . 659
persons paid in one county, relieved
in another . . . 650removing, what done . 641
plantation sold neglected to be re-
turned, execution against . 656poll-tax .... 659preferred to all other liabilities . 641previous years, how collected . 648process from treasurer, sheriff obey 642professional tax . . . 659property exempted from taxation 659
not in default—previous ac-
tion saved . . . 645of collector all bound, and se-
curity . . . 646, 648proviso in favor of recently appoint-
ed collector . . 647rail-roads failing, penalty . 668rate per cent, increased . . 662
how assessed . . 660real estate defined . . . 659receivers for each county . 639
how paid . . . 640how to receive returns 660oath of . . . 640, 669penalty for false return . 642
receive returns until digest
made on . . 640, 648
subject to order of governor 640
receivers and collectors, election of 639
INDEX. 885
Tax.receivers and collector's duty . 639
duty on failure to make . re-
returns . . . 660refunding, by county . . 656refusing to give in return, receiver's
duty . . . . 64trepresentative of deceased, to pay
tax . ... 664returns made to clerks transmitted
to comptroller and collector 645must be digested . . 660must specify what . 660
rule to be granted to compel pay-ment . . .646
securities reimbursed . . 664sheriff dispossess . . . 647
compensation, in certain eases 649duty of execution . . 646failing, how proceeded against
646, 651give possession of property
sold . . .642pay over money or lose his
fees. . . . 649stallions from other States . 645
slaves, given in, not evidence in in-
dictment . . 656must be returned . 656
not to hire their own time . 656specie funds . . . .661stallions, amount of, on . . 645summons of garnishment . . 664
where returnable . . 655supplementary act of 1852 adopt-ed . . . . .663
time allowed collector . , 654too little collected, how realized 656true value of property to be assessed 669upon rail-roads . . 668what property subject to taxation 659
Forms.Attachment against offender . 673Bond of collector to collect county tax 671Collector's notice to tax-payers . 644Comptroller-general's fi. fa. against
defaulting collector . . 644Execution against the collector . 653Form of garnishment . . . 665Levy on land . , . 658Notice (after time of receiving returns) 645Oath of receiver of tax-returns , 657Oath of tax-collector . . 657Oath of tax-payer . . . 657Proceedings against shows without li-
cense . . . 613under act of 1825 . . 652
Keceiver of tax-return s notice . 643tax-returns notice (default-
ers) . .•
. 645Return by the sheriff . . . 658Sheriff's advertisement . . 658Show license , . . , 673Tax-collector's bond . . 643Tax-collector's fi. fa. , . . 658
TENEMENTS. [See Lands or Tenements.[
TESTATOR, l^ee Executor, Sfc.}
TESTIMONY.act of 1806 revived . . 103
* 1806 revived and amended 1041847 amended . . Ill1847 extended to city courts 111
act of notary, failing to file , 117must be filed . . .117congress . . 118, 119
affirmation, valid . . 102answer, made evidence . .110answer, party failing to, may be at-
tached , . . 110attestations, originals to be account-
ed for . . . 116shall be evidence . 116
certificate of notary public, madeevidence . . . 117
continuance allowed . .111convicts exarnined on commission 102commission, how returned . 107
issued in blank . . 106costs superior court, collected as
usual . . 101refunded to county treasury 101
de bene esse, when allowed . 103deed or grant, not withheld fromjury . . . .115
defaulting witnesses, liable for dam-ages . . . .97
defendant refusing to appear, answerstricken out . . . 113
deputy clerk, acts of, made valid 116secretary of state, acts of,
made valid . . 116discovery at common-law . 106,110evidence, application to judge . 106
blacksmiths' &c., books made 118commission to take . 106certified copies from executive
department . . 120judge's order to issue com-
mission . . 106mode of perpetuating . 106official bonds shall be .116of notary may be had . 117oral, admissible to prove fraud 117oral, inadmissible to prove
deed, &c. . . 117physician's, &c., books made 118retrospective operations . 118tax collector's deed, how ad-
mitted . . . 118fees of commissioner and clerk . 107
females examined by commission 103force of testimony taken by com-
mission . . . 107indorsement may not be proven 116interrogatories, certain witnesses, re-
sident, examined by . . 102interrogatories may be crossed 107
non-resident witnesses exam-ined by . . . 102
legislation of other States, howproven . . . .118
opposite party to have notice of com-mission • . . , 107
886 INDEX.
Testimony.order by the judo^e . . 110papers must be tiled away with com-
mission . . , , 101parol evidence . . . 100party failing to appear, continuance
allowed . . . 112parties may be examined . . 112party may be subpoenaed . Ill
may file bill . . . 110must answer fully . 112
plaintiff, non-resident, how served 111party not to be witness for himself 113
present to testify . .112refusing to attend . 112removing, Avhat may be done 112witnesses, where a county is 112
parties brought into court . 112perjury, if affirmation false . 102plaintiff refusing to appear, cause to
be dismissed . . . 113physicians and school-teachers, priv-
ilege of . . . . 1 13records (A. & B.) legalized . 115
and exemplifications of office-
books, Iiow proven • 119reference without seal, a sealed in-
strument . . . .117religious opinions no bar to com-
petency . . . 101scroll, without reference, a sealed
instrument . . . 117sheriff, official acts of, made valid 116'single witness, evidence by inter-
rogatories . . . 106subpoen I, clerk must issue . 97
Duces tecum • . 99Duces tecum, how served . 99judge net required to sign 99signed by clerk sufficient . 99witness, failing to attend,
penalty . . 99witness may free himself from
liability . . .99suit or answer to be dismissed, when 112
defence may be dismissed . 110taken down and filed . . 112time to answer, allowed . .111vacation, order of judge in . 110weight of testimony, jury to deter-
mine . , . .112witness, attendance till discharged 98
certain, examined by com-mission . . .104
claiming too much . 98failing to attend commission-
ers, what may be done . 104punishable for contempt 105order of judge . 104
fees, enforcing payment of . 98female, refusing to appear 103in causes without the State,
entitled to pay . . 109in this State to testify inanother . . . 108
liability of . . 98non resident, commission shall
issue . . . lo7
Testimony.witness, non-resident, testimony hov/
securedrefusing, may be examined in
his own countyrefusing to testify in another
98
108
State 108State's, to be paid 100superior conrt paid, whether
conviction or not 101
two only to material point . 98
writ, what must express . 97how served . 97proof of service . 97
Forms.
Affidavit of party applying for com-mission lOP.
for commission to take evi-
dence in another State 109on back of subpoena 98of State's witnesses for at-
tendance upon court 101of witness to the subpoena 100
Answers to cross-interrogatories 114direct interrogatories 114
Application of party where watnessresides out of the State . 107
Cross interrogatories . 114Direct interrogatories 114Form of affirmation . 102
Interrogatories—commission 113
Order of judge or justice, of time to
return answer 111
where witness fails to appear 105where witness resides out of
State 108Party's affidavit . . 105Records, clerk's certificate 118
clerk of inferior courts' cer-
tificate 119
judge's certificate 120justice of inferior court's cer-
tificate 119
testimonial by governor . 120
Subpoena .... 98duces tecum 100
of judge 109
THOMPSONIAN PHYSICIAN.sician.l
USURY. \^QQ Interest, S(c.-^
[See Phy-
VERDICT, JUDGMENT, APPEAL,act of 1822, sec. 3d, repealed .
appeal allowed, inability of party
to pay costs, etc.
certiorari allowed to certain
personsdamages against appellant
only, and his security .
frivolous, damages for
from court of ordinary ,
judgment how entered upnotice of, given, to adverse
party .
one of several parties may .
129
123
122
122121
122123
123
122
INDEX 887
Verdict, Judgment, Appeal.
appeal, party dying, representatives
may . . • 122
party making, must pay costs
and give security . . 121
security's remedy against ap-
pellant . . . _ 122
attorney, liability of, for costs in
certain cases . . • 121
damages, interest not allowed as 121
disputes between defendants not to
delay plaintiff . . 125
endorsers, bank notes excepted . 116
notice to, unnecessary . 126
on same footing as securi-
ties 126
paying off note, have control
against maker, &c., if notinterested . . . 127
execution, paid off by defendant 129
judgments and executions trans-
ferred . . .129against endorser . . 127all defendant's property bound
to discharge . . 128bona fide property conveyed
before, not to be levied
on 131
certain, and executions revived 129certain, declared dormant 129confessions of, when and
where made . . 121dormant, how revived . 130execution to follow . 127former, in action of trespass,
no lien . . .129how property bound upon ap-
peal ... 128for amount of verdict . 130of the several courts of equal
dignity . . 128property of defendant, howbound . . .128
stay of execution . 121successive may be had . 130to be considered of equaldate 129
mis-trial, jury to be fined . 121security, discharged, if note not
sued for in 3 months . 127failing in special defence,
what may be done . 126may require collection . 126on stay and appeal, to have
control of ^. fa. . 124paying off fi. fa. to have
control . . 126proof of being, judgment, &c.
to be entered up . 125right of . . . 125to be proved . . 126
special defence made by securities 125stay of execution, security on, to
have control of j^. fa. . . 125verdict and judgment . . 121
appeal against, allowed, . 121in trespass or trover, howchanges property . 129
Verdict Judgment, Appeal.
Fopins.
Affidavit of the party
Appeal Bond .
Judgment
.
Judgment against an executor or ad-
ministrator, where the plea of plemadministravii is sustained
Judgment quando acciderint
Notice by the representative
Notice to officers . . . X28^Special defence by security
Stay bondTransfer of execution
VICE . . . . 49{
WARD. [See Administrators, Guardian,
WEIGHTS, MEASURES, &c.below standard, penalty for selling
clerk's fees for marking . ODlmarked by clerk of inferior court 551
new counties supplied with standard 553no deduction from standard allowed 551notice given as to standard . 552penalty using other . . 552proclamation as to standard . 552
procured for each county . 552
standard of U. S. adopted . . 552governor to procure . 582
violating statute, penalty $500 . 551
WILL, CODICIL. CAVEAT.act of 1852, published . . 757
appeal saved . . . 763after-marriage or after-born child
revokes will . » . . TSG
cannot be changed by nuncupative 762
caveat where tried . . 754
evidence of partv dying out of coun-
ty"
754credibility of witness . . 762
how revoked . . . 757intestacy declared . . . 756
judgments and orders binding 763
legacies in certain cases not to lapse 756legatee competent witness, if re-
ceived legacy . . 762' competent witness, but legacv
void . . .762limitations in, how construed . 763
nuncupative, their requisites . 759excepted . . 757
of certain persons excepted . 762original must be transmitted . 754party dying out of county, probate
of, how made . . . 754personal property, how executed 756personal property, probate of . 757subsequent iudgments, etc. legal 763
22d and 23d, ch. 2 ch. 10 . 762
Forms.Affidavit of witness (on back of will) 760Caveat .... 754Codicil . . . .758
888 INDEX TO APPENDIX.
Will, Codicil, Caveat.Form of nuncupative will
Issue .
JudgmentLetters TestamentaryNotice by the court
759755756761760
Will, Codicil, Caveat.Order ....Order by the court
Written will . . .
WOKSHIP. [See Religi&us W&rshif.]
756761
757
APPENDIX.
,: ..JNATURALIZATION LAWS.Alien's country at war with United
States, cannot be admitted 797dying after declaring widowand children citizens . 797
may become citizens on cer-
tain conditions . . 796children who are citizens . 797conditions .... 796consent of legislature in certain
cases . . . . 797declaration . . . 796
recorded . . . 796district court . . . 797five years' residence in U. S, . 796good moral character . . 796how admitted without declaration
of intention . . . 796
Naturalization Laws.minors arriving at the age of 21
years, how admittedone year's residence in Staterenounce all foreign titles .
renunciation must be recorded
Forms.
Affidavit of character and residence .
Certificate of the clerk, intention .
renunciation of title
Judgment of the court
Oath of allegiance and fidelity
intentionPetition for naturalization
Renunciation of title of nobility .
CONSTITUTION OF THE STATE OP GEORGIA
OF THE UNITED STATES
RULES OF PRACTICE
SUPREME COURT .
COMMON LAW ....EQUITY . . .
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802
813
823
823
827
838