PRINCIPAL AND AGENT.

A direction to an agent to sell stock,' when it should be at 85 per cent., or above that price,' is not a general authority under which the agent may use his discretion, and wait until the stock is higher than 85; but a particular direction to sell when the stock reaches that price. A mercantile house who had accepted such a commission and not sold when the stock reached 85, were held to have made it their own from that time, and ordered to account for the price of it with interest; the principal in return accounting for the dividends he had subsequently received in ignorance of the fact of the funds having reached that price. Bertram, App., Godfray, Resp., p. 381.

LEGISLATION.

GEORGIA.

At the session of the Legislature of Georgia in December, 1831, one hundred and eighty-five acts, and fifty-four resolutions were passed.

Appropriations. For the salary of the Governor, $3000; his secretaries, not exceeding three in number, $1000 each; Secretary of State, $2000; Treasurer, $2000; Comptroller, $2000; Surveyor, $2000.

Dams, Bridges, and Ferries. Eleven acts were past relating to these subjects.

Counties. Twenty-two acts were passed fixing the site of county buildings, dividing counties, &c. An act was passed for the purpose of organising a new county, which is to be composed of all the lands lying west of the Chattahoochee, and north of Carrol county line, and is to be called Cherokee County. County officers are to be elected, sites for the public buildings are to be fixed on, and the county is to be laid off into captains' districts. [This county consists of the territory of the Cherokee Nation.] Courts. Ten acts were passed, fixing the term of holding courts in different counties, &c.

Manafactures. An act was passed granting land and the right to divert water from the Oconee river, to certain persons who have undertaken the erection of machinery for the manufacturing of cotton and woollen cloth.

Horse Racing. Horse racing on the public highway in the county of Chatham, is prohibited under penalty of $100.

Estrays. 'Whereas there is a practice prevailing in many of the counties of this state with plaintiffs in execution, to hunt out estrayed property, and have their executions levied on the same,' it is enacted, that justices of the peace, &c. are to give notice to the clerks of the inferior courts, of any such case, that the right of the party to levy on the estray may be tried.

Divorces. Twenty-four divorce acts were passed.

Promissory Notes, &c. Where the security or endorser of a promissory note or other instrument, after the same is due,' shall require the holder to proceed to collect the same, and the holder has not proceeded or shall not proceed to do so, within three months after such notice or requisition,' such security or endorsee shall be no longer liable therefor.

Physicians, &c. If the Board of Physicians have doubts of the qualifications of any applicant for a license,' they may exam-. ine such applicant notwithstanding he may exhibit a diploma from a Medical College, and either grant or refuse a license as they may find him qualified, on such examination, for the discharge of the duties of his profession.' The Board may prescribe a course of reading to those, who intend to pursue the study of medicine, under private instructers;' which course is to be published in two or more of the public gazettes of the state, and is to be obligatory on all who may apply to the Board for a license, after the expiration of two years from the time of such publication.' No person is to be licensed, who shall not produce satisfactory testimonials of a good moral character.

An act was passed authorizing three persons to practise medicine and surgery in all their branches in this state, any law or usage to the contrary notwithstanding.

Pedlers. Pedlers, whose merchandise is transported in waggons, or upon the backs of horses, mules, &c., are required to pay $2000 for a license; which license is to be limited to one county; pedlers on foot are required to pay $1000 for a license, which is subject to the same restriction. But traders in tin, stone, earthen or iron ware actually manufactured in this state, shall not be subject to the tax imposed by this act.' If any pedler trade with a slave, unless it be with the permission and in the presence of the person who shall have charge of such slave, he shall, upon conviction, forfeit a sum not exceeding $1000, one half to the prosecutor, and the other half to the county.

Militia. Seven acts were passed relative to the militia, for the purpose of raising, organizing, and incorporating volunteer companies, &c. By one act, the commanding officers of volunteer companies are required to muster them at least four times a year.

Crimes, &c. No person is hereafter to be confined within the Penitentiary of this state, for any crime or misdemeanor; but of fences at present punishable by such confinement are to be punished according to the laws in force on December 18, 1816. Persons guilty of offences which are now punishable by imprisonment in the Penitentiary, and which were created by statute since De

cember 18, 1816, are to be 'punished' by whipping on the bare back, not exceeding 39 lashes, and fined at the discretion of the court. Persons who may hitherto have committed offences at present punishable by imprisonment in the Penitentiary, but who have not been convicted, are to be punished according to the laws now in force. 'The operation of this act shall not repeal all or any of the enactments of the last legislature, respecting the protection of the gold region in the Cherokee country, as well as the punishment of offenders against the same; but all such offences shall be punished in the Penitentiary as if the said act had never passed; and after the occupation of said Cherokee lands, this section shall cease and have no effect.'

An act was passed to pardon a person convicted of the crime of ' murder.

Indians, Indian Lands, &c. An act was passed to amend the act of 1830 authorizing a survey and disposition of the lands within the limits of Georgia, in the occupancy of the Cherokees, and all other unlocated lands in this state claimed as Creek land, and to order the immediate survey, distribution, and occupancy of the territory.' The governor is required to order out the district surveyors, for the purpose of completing the surveys of the territory with as little delay as possible; and after the survey is completed and the returns made, in case he shall deem it for the interest of the state, he is to cause the Lottery Commissioners to assemble at Milledgeville, to commence the drawing of the lottery as contemplated by this act.'

Another act was passed 'to lay out the gold region in the lands at present in the occupancy of the Cherokee Indians, into small lots, and dispose of the same by lottery.' The following persons are entitled to a draw;' 'every white male person of 18 years of age or upwards, being a citizen of the United States and an inhabitant within the organized limits of the state three years immediately preceding January 1, 1832, including such as shall be absent on lawful business; but no person shall be so entitled, who has a family out of the state, or whose family has not resided in this state for three years as aforesaid, except officers in the army or navy of the United States, provided said person has had a family so long;'all widows with like residence ;' 'all families of orphans of like residence, except such as may be entitled in their own right;' and all heads of families are entitled 'to an additional draw in consideration of their families.' The qualifications of the applicants for draws are to be proved by their own oaths, or, in the case of orphans, by that of their guardians, &c. Those who

draw lands are to receive a grant of them on the payment of $10. The survey and lottery of this land is to be completed when the act of December 21, 1830, is carried into effect.

By another act, any Indian, proposing to enrol himself for emigration, is authorized, with the consent of the agent of the state, to deliver to any citizen of the state, for the year or the residue of the year 1832, the occupancy of his improvements; whereupon the agent may let said citizen have the same, rent free, for the year.'

A resolution was passed unanimously in relation to the citation lately issued to the state, to appear before the Supreme Court of the United States. By this resolution it is declared, that the act making it penal for a white person to reside in the Cherokee country without a license from the governor, and without having taken the oath to support the constitution and laws of Georgia, is not a violation of the Federal Constitution; that any attempt to reverse the decision of the Superior Court of Gwinnet County, in the case of S. A. Worcester and Elizur Butler,' will be held by the state as an unconstitutional and arbitrary interference in the administration of her criminal law, and will be treated as such ;' that the state of Georgia will not so far compromit her dignity as a sovereign state as in any way to become a party to any proceedings before the Supreme Court of the United States, having for their object a revisal or interference with the decisions of the state courts in criminal matters. The governor and other state officers are authorized and requested' to disregard any mandate, order, &c. purporting to proceed from the Justices of the Supreme Court for the purpose of arresting or impeding the execution of the sentences of the state courts in criminal matters; and the governor is finally authorized and required, with all the force and means placed at his command by the constitution and laws of the state, to resist and repel any and every invasion, from whatever direction it may come, upon the administration of the criminal laws of the state.'

We notice among the resolutions a long report of a committee, the object of which is to vindicate the course pursued by the State in relation to the missionaries confined in the penitentiary. Incorporations. Acts were passed for the incorporation of three banking companies, and the trustees of fourteen academies, nine churches, and a masonic hall.

An act authorizes the formation of a company for constructing a railroad or turnpike road from Augusta to Eatonton, and thence westward to the Chattahoochee river, with branches; the capital stock is to be $1,000,000, with liberty to increase it to the sum