following oath, viz :-"I, A. B. do solemnly swear (or affirm) that I have not this day voted at any election, held at any place, in this State, for governor, members of congress, electors of president and vice-president, members of the legislature, or county officers, so help me God."* those thus sworn to be clerk. other ap And it shall be the duty of the superintendents of such List of all elections, to return to the clerk of the inferior court, a list containing the names of all voters, who have taken the oath prescribed by this returned to section, of this act, which list shall be filed in the office of said clerk. 19. Sec. VII. The duties of sheriff, as pointed out by law, at the Constable or district elections in this State, shall be performed by any constable, or pointed perany other person appointed by the superintendents, and that said elec- son may act tion shall in all respects, except those herein recited, be conducted in sheriff. the manner, and with the solemnities, and at the places prescribed by the laws now in force in this State, regulating general and county elections. * in place of mis 20. Sec. VIII. If any person shall vote at more than one place, of Penalty on holding elections in any county of this State, at any election for gov- personis m ernor, members of congress, electors of president and vice-president, members of the legislature, or county officers, or if any justice as aforesaid, or freeholder presiding at any election in any of the districts of any county of this State, shall in manner fail to perform the duties herein required of him, or shall violate the trust herein confided to him; such person, justice of the peace, or freeholder, shall be deemed guilty of a high misdemeanor, and upon conviction thereof, before the superior court, or any of them, of this State, shall be punished according to an act, passed in the year 1799, regulating general elections, and the penalties therein prescribed for the violations of the said law, by the magistrate, or superintendents, is hereby extended to persons voting contrary to the provisions of this act. of persons 21. Sec. IX. Any and every person, who shall be convicted of Punishment voting at any election, who shall not have been authorized to do so, in voting illeaccordance with the constitution of this State, shall be punished by a gally. fine, of not less than $30, or by imprisonment, at the discretion of the court, in the common jail of the county.* 22. Sec. X. The magistrate, or freeholder, who shall carry the dis- $3 to supertrict election returns to the court-house, according to the provisions of intendent for carrying rethis act, shall in all the counties of the eastern circuit, except the turns to county of Bullock, be allowed the sum of three dollars, to be paid out of the county treasury of the respective counties of said district, as aforesaid. court-house. closing polls. 23. Sec. XI. The elections held at the several election districts in Hours of this State shall be opened between the hours of seven and ten in the opening and morning, and shall be closed at the hour of six in the evening. 24 Sec. XII. It shall be the duty of the two justices of the peace, The justices in their respective districts, where precinct, or district elections are held, to carry this law into effect. Sec. XIII. All laws and parts of laws, militating against this act, are hereby repealed. An Act to regulate the future Elections of Members of Congress in this State.-Approved Dec. 23, 1831. Pam. 124. of peace to carry this law into effect. 25. So soon as his excellency the governor shall obtain the law of Governor to congress, fixing the ratio of representatives to be elected for the proclaim the national legislature, agreeably to the late census, it shall be his duty to cong. rep's. And see Sec. 33, 34. number of up when in of a substantial nature; and such records, when so transcribed, and approved by said inferior court upon their inspection, or upon the examination of any person or persons whom they shall appoint for the purpose, shall have all the validity and authenticity of the original records. Or may have 9. Sec. II. Whenever it shall appear to the inferior courts aforethem brought said that the clerks of the said courts hereinbefore mentioned have complete. failed or neglected to copy into a book of record all the proceedings in all civil cases in said courts respectively, or that the said proceedings have been partially and imperfectly copied, it shall and may be lawful for the said inferior courts to employ some fit and competent person or persons to copy the said proceedings into a book or books of record; and the said books of record shall, when approved by said inferior court, or by the person or persons by them to be appointed for the purpose of examination, have the same force, validity, and authenticity as if the said proceedings had been fully copied by the clerks aforesaid, within the time prescribed in the 34th section of the act of the general assembly, passed on the 16th day of Feb. 1799.* Shall offer them to the lowest bidder. Bond to be given. Suits against defaulting clerks. Damages. Or may be ruled. Proviso. 10. Sec. III. The said inferior court, in the employment of a person or persons to transcribe the records, and to copy the proceedings as hereinbefore directed, shall offer the same to the lowest bidder, due regard being had to the competency of the several persons proposing, and shall require bond with approved security, payable to the justices of the inferior court of the county, and their successors in office, in a penalty to be fixed by them, or any three of them, for the completion of the contract at such time or times as shall be stipulated, and for the safe keeping and return of the books, documents, and papers that may be intrusted to him or them for the purposes aforesaid. 11. Sec. IV. The inferior courts shall be authorized to institute a suit or suits in the superior court upon the bond or bonds of any clerk, who has failed or neglected to copy into a book of record all the proceedings in all civil cases in said courts respectively, according to the true intent and meaning of the said 34th section of the act aforesaid, or who shall hereafter fail or neglect to record the proceedings of said courts as hereinafter required; and shall recover damages for the neglect or failure of such clerk in manner aforesaid, according to the rates for recording said proceedings, in all the cases which such clerks shall have failed, or shall fail to record, or which he shall have imperfectly recorded, or shall imperfectly record; and in case there be no valid bond of said clerk, it shall and may be lawful for said superior court to cause said clerk, by a rule or order of said court, to pay into the hands of the county treasurer such sum or sums of money as it shall appear to said court that such clerk has received, or shall receive, as fees for recording of proceedings in cases which he has or shall fail or neglect to record, or has or shall imperfectly record, and to enforce such order by process of attachment; Provided, when it shall appear that said clerk has not received the recording fees in any case or cases, the amount of such fees shall not be included in the damages appear to be in an unsettled state. These commissioners are empowered to call for such documents and other testimony as in their judgment may tend to explain and elucidate the accounts; and shall make a full report to the next term of the superior court, which shall be laid before the grand jury for their decision thereon. The commissioners shall be reasonably compensated by the inferior court out of the county funds. And any vacancies in these appointments to be filled by the judge. And (3d resolution) the inferior courts shall annually lay before the grand jury a statement of the receipts and expenditures of the county money. [Vol. II. 676-7.] * See title Judiciary, Sec. 31. herein required to be collected, nor in the sum herein directed to be paid. 12. Sec. V. The proceedings in all cases, criminal as well as civil, All judicial proceedings hereafter determined in the several courts of law and equity in this to be fairly State, shall be fully and fairly copied by the clerks of such courts copied. respectively into record books of a substantial nature, previous to the next term of such courts, after the adjournment of the court in which such cases shall be determined. to inspect the to present 13. Sec. VI. It shall be the duty of the grand juries in the several Grand Juries counties in this State, from term to term of the superior court, to records, offiinspect and examine the offices, papers, and records in the superior ces, &c. and inferior courts of their counties; and if the said proceedings shall Grand Jury not have been copied into a book or books of record according to the delinquent true intent and meaning of this act, they shall cause the clerk or clerks clerks. who shall have failed or neglected to do his duty as required by this act, to be presented for non-performance of official duty; and the said. superior court shall order the bond of such clerk to be prosecuted, and recovery shall be had thereon as directed in the aforesaid third section of this act; and if there be no bond, said court shall proceed against such clerk as in such case is therein directed. Sec. VII. All laws or parts of laws militating against this act are Repealing hereby repealed. An Act to compel all County Officers holding public monies to keep books of record of the receipts and expenditures of the same.Approved Dec. 26, 1831. Pam. 90. 14. Sec. I. As the public money is the property of the people, they have a right at all times to know how it is expended: clause. cers shall receipts and Be it therefore enacted, That from and after the passing of this act, County offiall county officers in each county in this State, in whose hands any keep a record money belonging to the county or State shall come, shall prepare and book of all keep a fair, good and substantial leather bound book, in which they payments. and each of them shall enter in a regular and distinct manner, all monies, by them received on account of the State or county, or from any other public source, in such a way, as may be seen how much and at what time the said money was received, and in like manner how the same has been expended or disbursed, with the items of each expenditure, and at the expiration of every three months, the debit and credit side of such account shall be struck, so that the state of the account may be known. 15. Sec. II. It shall be the duty of the county treasurer, or if none And annually has been appointed, then the clerks of the superior or inferior courts, stract before lay an abacting as such, shall at every second term in each county, lay before the G. Jury. the grand jury a fair abstract from said book. 16. Sec. III. In case of neglect or failure of any of the aforesaid on pain of persons to perform the duties hereby assigned them, then and in such $20. case, they shall be liable to a fine of $20 for each offence, to be recovered in any court of record having competent jurisdiction: the whole penalty to go to the person prosecuting the party offending. to public 17. Sec. IV. During the legal office hours, all persons shall have Books open access to and a right to inspect the aforementioned books, and to take inspection. extracts therefrom, and the person keeping the same shall be entitled to receive twenty-five cents for each inspection: and should any of the aforesaid officers refuse any citizen an inspection of said books, such officer so offending, shall be liable to the penalty and prosecution as prescribed in the above named section. 176 How remov fice. COUNTY OFFICERS. An Act for the appointment of County Officers.-Approved Feb. 16, 1799. Vol. I. 201. Sec. I. and II. [Repealed. See Sec. 9, and amendment of the constitution, Vol. II. 515.] 1. Sec. III. On the representation of two-thirds of the justices of ed from of the inferior court, and of the county, or by sentence of impeachment, his excellency the governor be and he is hereby authorized to remove any of the aforesaid sheriffs from office; and he shall and may remove from office any coroner or county surveyor, on like representation of two-thirds of the justices of the inferior court and of the county; the governor shall and may also remove any of the aforesaid clerks,* county surveyors, or coroners from office on conviction of the offender or offenders, for mal-practice in office. Elections of cers to be by the free citizens. An Act supplementary to the foregoing.-Approved Dec. 4, 1799. 2. Sec. II. In future, all elections for county officers, to wit, the county offi- clerks of the superior and inferior courts, sheriffs, coroners, and county surveyors, shall be by the citizens of the respective counties, who are entitled by law to vote at elections for representatives, or members of the legislature of this State; and shall be opened, conducted, and closed in the same manner, that elections are for members of the legislature of this State. Vacancies how filled. 3. Sec. III. If a vacancy should take place in one of the aforesaid offices, it shall be the duty of the justices of the inferior court, or any two or more of them, to give notice in one or more of the public gazettes, or at the court house, and three or more of the most public places in the county within which such vacancy may happen, twenty Continuance days previous to the election for filling up the said vacancy: and the person so chosen shall continue in office no longer than his predecessor would have done.† And where any two or more candidates for any county office shall have the highest and an equal number of votes, the presiding justices shall certify the same to his excellency the governor, who shall be, and he is hereby authorized to appoint one of the persons so having an equality of votes. in office. In cases of tie, the gov ernor shall appoint. Judges of the superior, and justices of the inferior court, to take sheriffs' bonds. An Act to amend the Judicial Act.-Approved May 11, 1803. Whereas doubts have arisen respecting the proper persons authorized, or intended by law to take the bonds or obligations of the sheriffs of this State: for remedy whereof, 4. Sec. I. Be it enacted, &c. That every judge of the superior, or a majority of the justices of the inferior courts, of the respective counties throughout this State, is and are, and by intendment of law, * "Clerks," &c. "of the respective counties," are the words in the first section here referred to. But see Sec. 7. But as to filling vacancies in the office of sheriff, clerk of the superior and inferior court, see Sec. 21. ought to have been taken, held, deemed, and considered as competent in law, to take the bonds or obligations of sheriffs, and to qualify them as by law directed. An Act to compel the Clerks to keep their offices at the Court House of their respective Counties, or within one mile thereof.-Approved Dec. 7, 1807.* Vol. II. 404. Whereas great inconvenience has hitherto been experienced by the citizens of this State from the great distance at which many of the clerks keep their offices from the court-house, many records and other papers being frequently necessary to the fair investigation of a cause in court, that are lodged in the office, and their absence necessarily delaying justice, and sometimes utterly defeating it; for remedy whereof, offices within the court 5. Sec. I. Be it enacted, &c. That from and after the first day of Clerks to June next, it shall be the duty of the clerks of the superior and infe- keeps with rior courts, and the clerks of the court of ordinary, to keep their one mile of offices, books, and papers, at the court-house of their respective coun- house. ties, or within one mile thereof, except the counties of Glynn, Ef- Exception. fingham, Bryan, and Bulloch, and except the county of Wilkinson, until the public buildings be made permanent. neglect of 6. Sec. II. Each and every of the said clerks, except as before Penalty for excepted, shall forfeit and pay the sum of $30 for every month they, tact. or either of them, shall fail to comply with the requisitions of this act, to be recovered in the superior court, on motion of the attorney or solicitor general, by attachment as for contempt, and to be considered as a part of the county funds. An Act to authorize the Clerks of the Superior and Inferior Courts, Clerks of the Courts of Ordinary, Sheriffs, Coroners, and Surveyors, to hold their offices during the intervention between the election and commissioning of their successors, and to regulate the transfer of papers and moneys.-Approved Dec. 13, 1809. Vol. II. 541. Whereas considerable evils may result from the suspension of duties incumbent upon the clerks of the superior and inferior courts, clerks of the courts of ordinary, sheriffs, coroners, and county surveyors ; for remedy whereof, ficiate ad 7. Sec. I. Be it enacted, &c. That the aforesaid officers shall County offiperform all the duties of their respective offices during the time cers to of intervening between the election and commissioning of their succes- interim. sors, with all the responsibilities to which they were liable, previous to the said election. Sec. II. [Repealed, and see Sec. III. superseded. See Sec. XIII. For Sec. IV. and VI. see Records.] 8. Sec. V. It shall be the duty of the officers elected, as afore- shall apply said, to make application to the executive for their respective com- for their missions, within twenty days after their having been elected to either within 20 of the said offices.† So many counties have been exempted totally or partially from the operation of this act, that it can now hardly be regarded as a general law. commissions days. ↑ And see Sec. 11. |