Rule absolute to be next term. in joint tenancy in this State, and one or more of said joint tenants may depart this life during the existence of said estate, the title or interest of the deceased joint tenant in said estate shall not go and become the property of the surviving joint tenant or tenants, as under the English law, but that the same shall be distributed as all other estates are, under the existing laws of this State. All laws and parts of laws militating against this act are hereby repealed. An Act, to alter and amend the several Acts regulating the foreclosures of mortgages upon real estate.-This act approved Dec. 26, 1836. Pam. 164. 34. From and after the passage of this act, in all cases where any passed at the application shall be made to any Superior Court of this State, for the foreclosure of any mortgage upon real estate, it shall be the duty of such court to pass an order, requiring the mortgager to pay the principal and interest due upon such mortgage, into court, on or before the first day of the next term, which order shall be served or published in the manner now required by law; and if such order be not complied with by the mortgager, the court may at such term, pass a rule absolute for the sale of the mortgaged property. Occupiers of cotton machines to enclose the seed, a week from COTTON SEED.-1803. An Act to compel the owners or occupiers of Cotton Machines within this State, to enclose the same, and in particular situations to remove the seed therefrom.-Approved December 10, 1803. Vol. II. 135. 1. Sec. I. From and after the first day of January next, it shall be the duty of all owners or occupiers of cotton machines for picking of cotton, in all towns or villages, or immediately in the vicinity of any town or village within this State, to enclose the seed in such manner as will effectually prevent all stock, especially hogs, from eating them. and remove it 2. Sec. II. All owners or occupiers of such machines as aforesaid, at least once shall secure and keep the seed dry, or remove them at least once every any town or week from said machine, to such distance from such city, town, vilvillage, lage, or vicinity thereof, so as to prevent all the unwholesome effects resulting from the stench and vapors arising from the seed, in their and enclose putrid state, if suffered to remain in heaps; and it shall be the duty of such owners or occupiers of such machines, to enclose the seed in the place to which the same shall be removed, so as to prevent his, her, or their neighbors' stock from feeding thereon. it. Penalty, $3 per week. Owners or occupiers of country machines to enclose them. How the pe 3. Sec. III. From and after the first day of January next, that for every week, any owner or occupier of such machine who shall neglect to comply with the several duties required of them by this act, shall forfeit and pay a sum not exceeding three dollars. 4. Sec. IV. It shall be the duty of all owners or occupiers of cotton machines at country sites in this State, to keep their machines sufficiently enclosed, under the penalty of three dollars per week, from and after the first day of January next, so as to prevent their neighbors' stock of all kinds from having access thereto. 5. Sec. V. It shall be the duty of any justice of the peace in whose nalties are to district such offence or offences may be committed, to issue his war be collected. rant, upon information of any free white person, commanding such offender or offenders to be and appear before him at the next justices' court to be held in the district, to answer the charge alleged against him or them, and such justice shall issue summonses to compel the attendance of such witnesses as may be thought necessary to establish or defend the said charge, who shall be subject to attachment for nonattendance or refusing to answer on oath such questions as may be asked him or them; and if upon such examination it shall appear that such offender or offenders is or are guilty of any breach of this act, it shall be the duty of such justice to enter judgment against such offender or offenders for the aforesaid sum of three dollars for each week the seed may remain unremoved (and enclosed) from the said gins or machines as aforesaid. And that the said justices shall forthwith issue execution on the said judgment or judgments entered up, which execution shall be levied upon the goods and chattels, lands and tenements of such offender or offenders, and sold agreeably to the law regulating constables' sales, and the moneys arising from such fine or Fines, how fines, shall be paid into the hands of such justice of the peace, one- applied. half thereof to the use of the informer, and the remaining moiety shall be paid by the said justice to the clerk of the Inferior court, to be appropriated to the same uses as other county funds. to be sued. 6. Sec. VI. If any justice of the peace shall in any manner offend If a justice against this act, it shall and may be lawful for him or them, to be offends, how sued or prosecuted in any one of the adjoining districts, and the same fees shall be allowed, levied, and collected for services performed under this act, as are allowed for like services in magistrates' courts. COUNTIES. An Act for building and keeping in repair the Court-Houses and Jails in the respective counties within this State, and for the support of the Poor.-Approved Feb. 21, 1796. Vol. I. 171. to erect and 1. Sec. I. From and after the passing of this act, the justices of the Infor'r courts Inferior courts of every county within this State, in their respective keep in repair counties, shall cause to be erected and kept in good repair, (or where court-houses and jails. the same shall be already built,) shall maintain and keep in good repair, at the charge of such county, one good and convenient court-house of stone, brick, or timber, and one sufficient jail, with the necessary apartments for the safe-keeping of criminals and debtors, well secured with iron bars, bolts, and locks; and shall cause to be erected contiguous thereto, one pillory, whipping-post, and stocks. Pillories, &c. intend the issue execu 2. Sec. II. The Inferior courts in each county shall have full Shall superpower and authority at all times to inquire into the conduct of jailers, state of jails and the state of jails in their respective counties, and on neglect of and conduct of jailers. duty to cause such jailers to be removed, by an order to the sheriff for that purpose; and the said courts shall have full power and And shall authority to call on all persons, their heirs, executors, or administra- tions against tors, in their respective counties, who have had, or may have county persons demoneys in their hands, collected for the express purpose of building ty moneys court-houses and jails, or for any other county purposes whatever; and in their in case of neglect or refusal to pay the same, the said court shall and are hereby required to cause executions to be issued for the full taining coun hands. All fines and moneys aris of estrays amount appearing to be due,* in the same manner as the treasurer is authorized by law to issue executions against the defaulting collectors of taxes in the different counties; and such moneys, when collected, may be applied by such court to the uses and purposes of building and repairing court-houses and jails. Sec. III. [Superseded by act of 1821. See Sec. 7, 8, 9, of this title.] 3. Sec. IV. All moneys that now are, or may hereafter come into ing from sales the hands of the clerks of the Superior or Inferior courts, by fines or forfeitures, and all money arising from the sale of estrays, are hereby made liable and subject to the draught, or order of the several County courts, to be appropriated and applied as aforesaid, either in the building or repairing court-houses and jails, or to the support of the poor and building bridges, at the discretion of such courts. appropriated to county purposes. All former laws laying county taxes repealed. Proviso. Chatham county. Show-men may be required to pay from $5 to $50. How applied. How collected. Justices of the Inferior courts may levy extra taxes. Sec. V. [Relates to the county of Bryan-local and temporary.] 4. Sec. VI. All laws, or parts of laws, clause or clauses heretofore made, or such part thereof as authorize the County courts of this State to levy a tax for county purposes, be, and the same are hereby repealed. Provided, that nothing in this act contained shall extend or be construed to extend to have operation in the county of Chatham, so as to repeal or affect any law appointing the mayor, aldermen of the city of Savannah, commissioners of the court-house and jail in the said county. An Act to impose an additional Tax on Proprietors or Exhibitors of 5. Sec. I. From and immediately after the passing this act it shall and may be the duty of the justices of the Inferior courts, justices of the peace, and the corporation officers of all cities, towns, or villages within this State, or any one or more of them, to exact and collect from all proprietors or exhibiters of shows a sum not exceeding fifty nor less than five dollars for each and every day that shall exhibit shows of any kind within any corporation or county of this State. 6. Sec. II. All sums so collected within the limits of any corporation shall be applied, by the officers of such corporation, to such purposes as they may deem proper within the limits of their official jurisdiction; and all sums so collected by the justices of the Inferior courts, or justices of the peace, without the limits of any corporation shall be appropriated to county purposes; which said fines and penalties shall be collected in the same manner as other fines and penalties are collected under the existing laws of this State. An Act to authorize the Justices of the Inferior Court in the several Counties in this State to levy extraordinary Taxes for County purposes.-Approved Dec. 19, 1821. Vol. IV. 419. 7. From and after the passing of this act, the justices of the Inferior court of the respective counties in this State, or any three of the bench of justices of the said court in any county, shall have power, whenever in their opinion the exigencies of their respective counties may so require, to levy upon the inhabitants of any county in which the said justices may reside a tax extraordinary of the general State tax, and shall be authorized to have the same collected by the tax * And see Tax, Sec. 75. collector for any county in which such tax may be levied by them;* Provided, that nothing herein contained shall be construed to autho- Proviso. rize the justices as aforesaid, to order any levy which shall exceed fifty per centum on the general State tax annually; Provided, this act shall not be construed to extend to the repeal of an act passed on the 2d day of December, 1820, authorizing the inferior court of the county of Oglethorpe to levy an extra tax. of grand jury 8. Sec. II. No extraordinary tax shall be levied and collected by If two-thirds the inferior courts, as by this act contemplated, unless two-thirds of recommend. the grand jury of the county shall first recommend the same at a regular term of the superior court. the tax collector. 9. Sec. III. It shall be the duty of the tax collector of any county The duty of in which an extraordinary tax may be levied in the manner provided in the foregoing section of this act, upon being required to do so by the justices of the inferior court, or a majority of them, to give bond and approved security to the justices aforesaid, or their successors in office, in a sum not exceeding double the amount of the extraordinary tax assessed, conditioned for the faithful collection and payment of the same into the clerk's office of the inferior court, there to remain subject to the order and application of the justices of the inferior court for county purposes; and the collector shall be entitled His compen to the usual commission for collecting any such extraordinary tax to be assessed and levied as aforesaid. An Act to authorize the Justices of the Inferior Court of either sation. water-cour 10. From and after the passage of this act, it shall and may be Bridges over lawful, in all cases where the justices of the inferior court of one ses dividing county shall refuse or fail to co-operate with another in building a counties. bridge over a stream dividing the counties, for the justices of the inferior court of the county to proceed to build a bridge over said stream, subject to no other restriction than they would be were the said bridge in their own county entirely. COUNTY FUNDS AND RECORDS. ing from li An Act for the better regulating of Taverns, and for establishing a fund for building and keeping in repair the Court Houses and Jails in the counties of this State.-Approved Feb. 1, 1788. Vol. I. 446. Sec. I. and II. [Repealed by act of 1791. Vol. I. 445.] 1. Sec. III. The judges of the superior court in each county shall, Money arisas often as they think proper, appoint three or more discreet persons censes, fines, to be commissioners of the jail and court house, which said commis- &c. how to be applied. sioners, or one of them, shall receive the moneys arising from licenses in their respective counties, fines of defaulting jurors, fines imposed by the court, and the forfeiture of recognizances, to be a fund set apart in each county, under the direction of the judges, for building and repairing the jail, court house, pillory, and stocks, and for the support of prisoners.† *All the State tax reserved to the counties respectively. See Tax, Sec. 100. And to pay certain costs. See Penal Laws, Sec. 311. The ex-offi cer liable for any papers not in the schedule. Records to be books. [The rest of this section, as well as the beginning of it, was superseded, first by the act of Dec. 16, 1815, and afterwards by the more ample provisions of the act of 1823. See County Officers, Sec. 39, &c.] Act of December 13, 1809. Vol. II. 541. Sec. IV. The said successor shall not be liable for any papers not contained in said last schedule, but his predecessor shall be liable as aforesaid, in the same manner during the time intervening between the election and commissioning of his said successor, as he was pre vious to said election. 2. Sec. VI. It shall be the duty of the clerks of the superior and kept in bound inferior courts, and the clerks of the courts of ordinary, to keep their records in books well bound. [For the rest of the act not repealed, see County Officers, Sec. 7, 8.] All clerks to deliver over Act of December 6, 1813. Vol. III. 148. Sec. I. [Repeals so much of the 2d and 3d sections of the foregoing act, as directs the clerks of the superior and inferior courts, and courts of ordinary, to return a schedule of their office papers thirty days before the election.] 3. Sec. II. It shall be the duty of the clerks aforesaid to deliver to their suc- over to their successors in office respectively, all the books and papers cessors, all appertaining to their respective offices, within five days after their sucand papers of cessors are qualified. Provided, that the said clerks shall make out the books the office. Preamble. Infer'r courts shall purchase blank books well bound. A schedule of the office and deliver to their successors in office respectively upon oath, a fair and correct schedule of all the papers relative to any unfinished business in their said offices respectively, in term bundles, and all other papers and books appertaining to said office, in good order. An Act to define the Duty of the Justices of the Inferior Courts in regard to the Books of Record of their respective Counties; and to define the Duties of the Clerks of the Superior and Inferior Courts, with respect to County Funds.-Approved Dec. 16, 1815. Vol. III. 151. Whereas much injury may be sustained by the citizens of this State, from important matter being recorded on loose paper or books unbound, and subject to come to pieces in a short term of years; 4. Sec. I. Be it enacted, &c. That it shall be the duty of the justices of the inferior courts, to purchase, or cause to be purchased, out of the county funds, a sufficient number of well bound blank volumes for the clerks of the superior, inferior, and courts of ordinary of their respective counties, and that it shall be their duty to letter or cause to be lettered and indexed, said volumes, as they in their judgment may think proper, and have them immediately entered on the minutes of the court. 5. Sec II. The justices aforesaid, shall, at the expiration of each books to be year, cause said clerks to produce a schedule of the books in their respective offices, and have the same duly recorded.† annually recorded. *Referring to the schedule mentioned in the sections of the act repealed, and supplied by act of 1813. See Sec. 2 and 3 this title. The governor shall cause the secretary of state, treasurer, surveyor-general, and comptroller-general to make out a schedule or list of all the books of records, |