boat or boats, to barter or trade the one with the other, in any articles of produce, as before enumerated, under any pretext whatever. patroon. 5. Sec. II. Any owner or patroon, offending against the provisions Penalty on of the first section of this act, shall be subject to indictment in the the owner or superior court of the county in which the offence shall be committed; and upon conviction thereof, shall be fined and imprisoned, or both, at the discretion of the court before whom such indictment shall or may be tried. An Act to alter and extend the foregoing.-Approved Dec. 10, 1817. extended to 6. Sec. I. From and immediately after the passing of this act, that Act of 1816 the before recited act shall be held, deemed, and considered in full all navigable force, from Augusta to the head navigation of Savannah and Broad rivers, rivers, and in all the rivers that now are, or hereafter may be, made navigable in this State. ties inflicted. 7. Sec. II. If any owner or patroon of any boat, accustomed to and its penalnavigate between the head navigation of said Savannah and Broad rivers to Augusta, or in any other river that now is, or hereafter may be made navigable in this State, shall offend against the first section of the before recited act, he shall be subject to all the pains and penalties contained in the second section of said act. what counties punish 8. Sec. III. All or any offence against this act, or the one to Offences in which it is amendatory, shall be tried and punished in any or either of the counties in this State, adjoining the water course on which the able." offence was committed. again extend 9. Sec. IV. The aforesaid act shall be held, deemed, and consid- Act of 1816 ered, as extending to all rivers that now are, or hereafter may be made ed to all navinavigable in this State. An Act, to amend, explain, and cause to be enforced, the several acts of the General Assembly of the State of Georgia, assented to the 4th of December 1815, and that of the 13th of December 1816, and an act amendatory of the last specified act, assented to the 10th day of December, 1817.-This act assented to Dec. 26, 1836. Pam. 76. gable rivers. 10. Whereas, the before recited acts, require that each boat, navigating Preamble. the Savannah and Broad rivers, and all the rivers that are made navigable in this State, shall be required, to keep a white patroon thereon, and are further required to furnish, and exhibit to any free white person or persons that may wish an examination, a bill of lading, showing the contents, the name of the patroon and consignee of said cargo, and forbid such boat-owner, or their patroons to suffer, or permit any boat hand being a slave, to put on board of their boat, any corn, cotton, peas, or other article of produce as the property of such boat hand, to be carried to market: yet the aforesaid acts do not prohibit the trafficking in stock of any or all kinds, poultry and other articles prohibited by law, for slaves to sell or vend, for remedy whereof: slaves shall of lading. Sec. I. Be it enacted, That from and immediately after the pas- Articles sage of this act, it shall not be lawful for a boat owner or patroon, navi- shipped by gating either of the navigable rivers within this State, to suffer the be in the bill boat hands to take with them, any kind of stock whatever, poultry of any kind, or other articles that are by law, prohibited to them to traffic in, except the same shall be stated in such bill of lading of the owner of said boat or his agent, and that no stock, poultry, or other articles as aforesaid, shall be permitted to go on board of a boat, unless Inf courts of the proper counties, the acts on it is immediately under the direction of such owner or patroon, or the agent of the owner, and specified in the bill of lading. Every offender against the provisions of this act, shall be liable to like punishment and fine, as pointed out in the foregoing acts. that 11. Sec. II. It shall be the duty of the inferior courts of the several counties of this State, bordering on, or which navigable waters shall shall publish pass through, to cause to be published in various parts of said county, this subject. the provisions of the foregoing acts; and in the counties bordering on navigable waters which are on the borders of the State, the inferior courts of the several counties bordering on such water courses, are navigable, shall cause to be published in one or more of the public gazettes, the provisions of this and the foregoing acts for the information of those in the adjoining States, who are engaged in navigating such water courses, and the expenses thereof, to be defrayed out of the county funds. Beaufort convention ratified. BOUNDARY.-1. South Carolina. An Act for the ratification of certain agreements made and entered into by commissioners, appointed by the legislatures of Georgia and Carolina, for the purpose of settling certain disputes relative to boundary. -Approved February 1, 1783. Vol. I. 337. Whereas, by an ordinance passed by the legislature of this State, commissioners were appointed and authorised to meet other commissioners, similarly appointed by the State of South Carolina: and whereas the said commissioners, or a majority of them from each State, were vested with full powers to settle all differences, controversies, disputes, and claims, which subsisted between the two States, relative to boundary: and whereas, they, conformably to those powers, did, on the 28th day of April, in the year 1787, in convention at Beaufort, in the State of South Carolina, by certain instruments of writing to which the said commissioners interchangeably set their hands and affixed their seals, make mutual concessions and agreements for the purpose aforesaid : Be it therefore enacted, &c. That whatever was done by the said commissioners, or a majority of them as aforesaid, is hereby ratified, and shall be considered as binding upon the citizens of this State, any law to the contrary notwithstanding. 2. North Carolina line. The boundary between North Carolina and Georgia, which has been the subject of so much controversy, has arisen principally out of the difficulty of fixing on the thirty-fifth degree of North latitude with such exactness and certainty as to satisfy both parties. The first measure that appears on the Statute Book, is a resolution of May 7, 1803, [Vol. II. 678.] directing the governor to take such measures as he may deem necessary "to ascertain and identify that tract of country ceded by the United States to this State," and also to ascertain to what part thereof the Indian title had been extinguished, and to direct the surveyor general to lay a map thereof before the next legislature. On the 10th Dec. 1804, an act was passed [Vol. II. 189.] which, deducing in its preamble the chain of the Georgia title, gives by enactment an authority to the governor to appoint commissioners to meet such as may be appointed by North Carolina, for ascertaining and designating the lines of Walton county. The resolution of December 5, 1807, [Vol. II. 682-4.] reciting that the commissioners and artists from both States had proceeded in their duty; but that from the differences in result among themselves, and from other causes, the Georgia commissioners * For the Beaufort Convention, see Vol. I. 662. BOUNDARY-Alabama. appeared not to be confident of the accuracy of the calculations: And therefore resolved, that three commissioners be appointed, to be attended by two artists and the surveyor general with other instruments, for the purpose of ascertaining satisfactorily this parallel of latitude, requesting of North Carolina her coöperation in this measure; and that in the mean time the people of that county might not be disturbed by any officers of that State. The State of North Carolina not having attended to this, the resolution of December 1808 [Vol. II. 689.] requests the governor to renew his application to the government of that State; and should they refuse or fail to coöperate, the governor of Georgia is requested to proceed alone. Nothing however appears to have been done in pursuance of these resolutions. On the 15th of December, 1809, [Vol. II. 690.] the legislature addressed her memorial to the general government, briefly setting forth the origin and progress of the dispute, and praying the government of the United States to appoint a proper person to run the dividing line through its whole extent between the two States. There being some unexpected difficulties in this course; and there being now, it would seem, a better prospect of amicable adjustment with North Carolina, the legislature once more, by resolution of 15th December, 1810, [Vol. II. 694.] invited the attention of the sister State to the subject. The governor, by that resolution, was authorized to employ Mr. Andrew Ellicott to ascertain the 35th degree of North latitude for the satisfaction of Georgia alone, if North Carolina would not concur. But the governor was to advise the executive of North Carolina of this measure, with the assurance, that if that State would cooperate, the observation taken should be final and conclusive. Mr. Ellicott made his observations, which were acquiesced in; and here ended the dispute, as to the parallel of latitude. But the line was not then run out and marked. The resolution of 9th Nov. 1818, [Vol. II. 1197.] directs the governor to appoint persons to meet such as may be appointed by North Carolina, to run and plainly mark the dividing line between the States of N. Carolina and Georgia. And that that State be invited to coöperate in this measure. 3. Alabama. The prospect of a cession of Creek lands adjoining Alabama, rendering it important for the line to be run, and the legislature deeming that duty incumbent on the United States, directs the governor to bring this subject to the attention of the president, and to appoint an artist and one other person to coöperate on the part of the State. [Res. of Nov. 29, 1822, Vol. IV. 24, of Res] In 1824, referring to the necessity of having this business accomplished as soon as possible, the legislature request the governor to continue his exertions to that end. [Ib. 29.] At the extra session of June, 1825, supposing an act for the survey and disposal of the territory lately acquired, bounding on Alabama, would probably be passed before the adjournment, and as Alabama and the general government had both declined any agency in the measure contemplated, the governor is required to appoint commissioners to ascertain the boundary line, according to the compact of 1802; duly notifying Alabama and acting with her commissioners if that State p. 50.] should think proper to appoint them [lb. Res. In December, 1826, the committee report what had been done by the Georgia commissioners, Messrs. Blount, Crawford and Hamilton. That Miller's Bend had been ascertained to be the first great bend in the Chattahoochee above the mouth of Uchee creek, from which a right line to Nickajack would not touch the river. But the Alabama commissioners not agreeing to this as the beginning point, and contending for another, those of Georgia proceeded to run the line alone from Miller's bend. Referring to the constitution of 1798, Art I sec 23, which reserves to Georgia the whole of the Chattahoochee, some of which would be thrown into Alabama by the line proposed by the commissioners of that State, the legislature concurs in the line designated by the Georgia commissioners and recognizes it as the true line contemplated by the articles of cession of 1802. [Ib. 66] Alabama having protested against this boundary in 1828, the committee's report, adopted by the Georgia legislature of that year, reviews the whole controversy, sums up the arguments, adheres to the line as run by Georgia, and expressing kind and amicable feelings for Alabama, indulges the hope she will not persist in what is conceived to be an error. [Ib. 115 of Res.] That State, however, being still unsatisfied with the line as run, and having passed certain resolutions concerning it, the subject is brought before the legis lature in 1833. They notice the invitations given to Alabama and the United States to cooperate, and their failure to do so;-The action of Georgia alone under circumstances of urgent neces ity not admitting of delay;-the private titles now held under Georgia up to the line; and finally, that the United States, and not Alabama is interested in the question so far as the private right of soil is concerned. That therefore Georgia cannot consent at present to open the question of boundary, but if Alabama wishes to obtain further information, to satisfy herself, Georgia will afford all facilities in her power; and after the exact points of difference, and the amount of territory involved in the controversy are known, it will be in time for Georgia to consider and determine what course will be most just and proper. [Pam. of 1833, p. 345.] 4. Florida line. The resolution of December, 1818, [Vol. III. 1201.] authorizes the governor to appoint two persons to ascertain the true head of the Saint Mary's river, and if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish deputation is not at the place set forth in the treaty with Spain, that they make a special report of the facts to the governor, who shall thereupon communicate the same to the president of the United States, with a request that the lines may be run agreeably to the true intent and meaning of the treaty. The governor requested to open a correspondence with the general government, and with that of Florida if necessary, with a view to a permanent establishment of the line [Res. of 20th November, 1824, Vol. IV. 38.] The executive requested to associate with one under the United States in performing this service. [December 4, 1826. Ib. 66.] The United States' and Georgia commissioners not having been able to agree, the legislature of 1827, referring to the only point of dispute, the head or source of the river St. Mary, deny that Ellicott's mound marks it truly, or that Georgia is concluded by any supposed acquiescence in that designation, and object to the assumption by congress of that location as the true one; and requests our delegation in congress to procure an act authorizing the line to be run, not specifically as before from that mound, but to ascertain the true point without any regard to previons operations, and run the line according to the treaty of 1775. [Ib. 91.] The resolution of 1828, referring to the adverse report of the representatives' committee of congress, review and oppose the reasonings of that report, denying that the joint American and Spanish commission had any authority to vary the treaty with Spain, if, as the legislature contend, they did vary it, or in any way to conclude the rights of Georgia; and that any supposed acquiescence of this State was under a mistake, which, until discovered, could not have prejudiced her rights. Deducing the claim of Georgia from our old charter, the commission to governor Wright, Vol. I. 672.] the definitive treaty of peace with Great Britain, and the treaty with Spain of 1795, recognized and acted on by our own act of 1783, [lb. 323] and by our State constitution, and from several other documents, all referring to "the most southern stream" of the Saint Mary, the legislature contend for the source of the most southern tributary of that river as the true point; and Resolve, that congress be earnestly requested to pass an act which shall direct the line to be run without reference to Ellicott's Mound, as required by the act of Congress of May, 1826, but generally "according to the provisions of the second article of said treaty;" and in the event that congress should refuse to do this, that then the governor is authorized to appoint commissioners with a surveyor and artist so to run and mark the line. [Vol. IV. 127.] The legislature of 1829, regretting that no such act as requested had been passed by congress, deem it sufficient to refer to without reiterating the full exposition of this subject made at the preceding session. They do not view the land in controversy, but the rights of the State as the main question; and not considering itself invested with the constitutional power to give up or barter away or relinquish its jurisdiction over any portion of the territory or citizens of the State, renew the claims of Georgia as before asserted, and repeat in substance the resolutions of the preceding year. [Ib. 135.] In 1830, the legislature again sustain, by further argument, the claim of Georgia, repeat the request to congress so to amend the act of May, 1826, as to admit of a joint demarkation of the boundary without reference to the terminus designated by Mr. Ellicott; and that, in failure of this attempt, "that the question ought to be carried for decision before the proper judicial tribunal." [Pam. 229.] CATTLE.-1773. An Act to prevent the stealing of horses and neat cattle, and unlawfully branding, marking, killing, or driving the same.-Approved Sept. 29, 1773. Vol. 52. Sec. I. [As to stealing horses and cattle-punishable by the penal code.] 1. Sec. II. Immediately from and after the passing of this act, upon the sale or exchange of any horse, mare, gelding, colt, filly, or to be certifi masters, if neat cattle, the person or persons so selling or exchanging the same, if Sale of required by the purchaser, shall be avouched and tolled, and a certifi- horses, &c. cate thereof obtained from the toll master, except however, public sales ed by toll of horses or neat cattle, by executors, or administrators, belonging to required. the estates of persons deceased, for which he, she or they may act in such capacity, and except also sales by the provost marshal or his deputies, constables, or other persons empowered by the act of the general assembly of this province, to make distress, and levy execution. the peaco 2. Sec. III. The justices assigned to keep the peace, in the several Justices of parishes in this province shall be and they are hereby appointed to be made toll toll masters* in their respective parishes, and they are hereby declared masters. to have full authority to exercise all and every the powers in them vested as toll masters by virtue of this act. to swear per the names of consideration 3. Sec. IV. The toll masters hereby appointed, shall administer Toll masters oaths to the persons avouching, or tolling before them respectively, sons avouchtouching the proof of the property of the person so tolling, (of the ing, and enter sufficiency of which proof such toll masters are hereby declared to be the parties, judges,) and, upon such proof appearing, they are hereby required and description, directed to avouch or toll any horse, mare, gelding, colt, filly, or neat given, &c. cattle, produced to them or either of them, in a book to be kept for that purpose, shall enter the time of sale, and the name and place of dwelling, of every seller and buyer of such horse, mare, gelding, colt, or filly, burnt mark or other notable flesh mark thereof, and the price for which the same is sold, or the value of what may be given in exchange, and shall under his hand and seal, give a certificate of such and grant entry, to every person requiring the same, upon the payment of one thereof. shilling and six pence for his trouble therein, under the penalty of three pounds for every neglect or refusal of any or either of the said toll masters. certificates sale of stolen the owner's six months. 4. Sec. V. If any horse, mare, colt, or filly, after the passing of this Tolling and act shall be stolen, and afterwards shall be sold and tolled as aforesaid, of that yet nevertheless the sale of any such horse, mare, gelding, colt, or not to divest filly, shall not take away the property of the owner from whom the same right if was stolen, so as a claim be made, in six months after the offence or claimed in felony done, by the party from whom the same was stolen, or by his executors or administrators, or by any other person of their appointment, in the parish where the same horse, mare, gelding, colt, or filly shall be found, before any justice of the peace of the said parish, and so that the proof be made within forty days, then next ensuing, by two sufficient witnesses to be produced, and depose before such justice of the peace, that the property of such horse, mare, gelding, colt, or filly so claimed was the property of the party by and from whom such claim is made, and was stolen from him or her within six months, next before such claim of any horse, mare, gelding, colt, or filly, but that the party But the ownfrom whom said horse, mare, gelding, colt, or filly was stolen, his or her er may have executors or administrators shall and may at all times after, notwith- on refunding standing any such sale or sales, have again and enjoy the said horse, the purmare, gelding, colt, or filly, upon payment of the party that shall have chaser. in possession the same, so much money as shall appear to have been paid by him or her, by a certificate from the toll master, or by oath before any justice of the peace, that he or she has paid such value without fraud or collusion, any law, custom, or usage to the contrary notwithstanding. 5. Sec. VI. No toll master hereby appointed shall toll any horse, mare, gelding, colt, filly, or neat cattle, sold or offered for sale by any Now the clerks of the Inferior Courts. See Estrays, 6. them again the price to |