those thus sworn to be clerk. 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."* And it shall be the duty of the superintendents of such List of alt 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 outed pe 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. ap in place of persons 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- perving. 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. 21. Sec. IX. Any and every person, who shall be convicted of Punishment of persons 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.* * carrying re 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 this 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. 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 closing polls. 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. proclaim the 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 number of national legislature, agreeably to the late census, it shall be his duty to cong. rep's. And see Sec. 33, 34. Which number shall be elected. Either party days' notice of deposi tions. issue his proclamation, announcing the number of representatives this State is entitled to. 26. Sec. II. At the next annual election for members of the legislature, and every two years thereafter, until altered by law, the citizens of this State shall be entitled to elect such number of representatives to congress as shall be announced by the proclamation of his excellency the governor, agreeably to the foregoing section. An Act prescribing the manner of taking testimony in cases where any person intends contesting the seat of any member returned as elected a Senator or Representative of the Legislature of this State.Approved Dec. 24, 1831. Pam. 132. 27. Sec. I. When any person hereafter intends to contest the seat entitled to 5 of any person returned as elected a member of the house of represenof the taking tatives or of the senate, the person intending to contest or object to the seat of the member or members of the house of representatives or of a senator who may have been returned as elected, shall give the adverse party five days' notice in writing with the name of the witness or witnesses, and the place where he intends to take the testimony, so that he may appear at the time and place, to put cross questions if he thinks proper; and the person returned as elected, shall, where he intends to take testimony, give the other party notice in like manner : Provided, nothing herein contained shall be so construed as to prevent either party from attending in person or by attorney. Testimony to be taken accordingly. to 28. Sec. II. Where either party intends to take testimony, going prove the legality or illegality of a vote given to either, or the constitutionality of his qualifications, the same shall be taken in manner Limitation, aforesaid, and within twenty days after the election, and not after that 20 days. Five days' intention to contest the seat. time. 29. Sec. III. The person intending to contest the seat of any memnotice of the ber of either branch of the general assembly of this State, or object to the same, shall before he proceeds to take any testimony, give five days' notice to the member or members of the house of representatives, or member of the senate, in writing, of his intentions of contesting their seat or seats, and the testimony taken in manner aforesaid, shall be taken and acted upon in such manner as either branch of the legislature may deem best calculated to insure justice to the parties. Not to effect the election laws. Apportion ment of members. Four. Three. 30. Sec. IV. Nothing in this act shall be so construed as to repeal or in anywise destroy the operation of the several laws now in force regulating the election of members to the general assembly of this State. An Act to apportion the Representatives among the several Counties in this State, according to the sixth enumeration, in conformity to the seventh section of the first article of the Constitution.-Approved Dec. 26, 1831. Pam. 19. 31. Sec. I. In future, the representation of the respective counties shall be apportioned in the following manner, to wit: [The three counties of Gwennett, Hall and Monroe, four members each. Burke, Chatham, Clark, Columbia, DeKalb, Elbert, Franklin, Greene, Habersham, Hancock, Henry, Houston, Jasper, Jackson, Jones, Morgan, Newton, Oglethorpe, Putnam, Richmond, Walton, Warren, Washington, and Wilkes, (24 counties,) three members each. Baldwin, Bibb, Butts, Camden, Campbell, Carrol, Coweta, Craw- Two. The remaining 32 counties, one member each.] An Act to authorize the citizens of this State to vote in certain cases, out of the Counties in which they reside.-Approved Dec. 21, 1833. Pam. 94. One, vote out of occasions. 32. In all elections hereafter to be held for governor, or electors of Voters may president and vice-president of the United States, and upon all ques- their county tions and subjects whereon the voice of the people of Georgia may be on certain desired to be expressed, it shall and may be lawful for any citizen of this State who may be entitled to vote for such officers or upon such questions in the county of which he is a resident, to vote for or upon the same, in any county of this State: Provided, he shall not have voted elsewhere for such officer, or upon such question or subject. An Act to alter and amend the Oath to be administered to Voters at voters in their county. 33. Sec. I. That from and after the passage of this act, the oath Oath of required by law to be administered to voters at elections for members of the legislature, and other civil officers of this State, shall be as follows. I, —, do solemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one years; have paid all legal taxes which have been required of me, and which I have had an opportunity of paying according to law; that I am a citizen of the United States, and have usually resided in this county for the last six months, and have considered it my home or place of residence during that period, so help me God. 34. Sec. II. Where any person applies to vote for governor, mem- Out of their bers of congress, or electors of president and vice-president of the county. United States, out of the county where he resides, and the presiding magistrates shall have doubts as to his right to vote, they shall administer to him the following oath. I,—, do solemnly swear or affirm (as the case may be) that I have attained to the age of twenty-one years; am a citizen of the United States, and have usually resided in this State for the last six months, and have considered it my home or place of residence during that period; and have paid all legal taxes which have been required of me and which I have had an opportunity to pay agreeably to law, so help me God. An Act to compensate the Superintendents of Precinct Elections in the Sec. I. II. and III. [Local, relating to the county of Troup.] 35. Sec. IV. Whenever the justices of the inferior court, or the Justices failjustices of the peace shall refuse or neglect to organize and carry on the election at the court-house of any county or at any precinct accord- performed by ing to law, by the hour of ten in the morning of such election day, that ing, their duty may be freeholders. then and in that case it shall and may be lawful for any two or more freeholders of the county to hold said election, and receive all lawful votes tendered, and the votes so received by the said freeholders shall be received and counted in making up the result of said election. Act to lay off the State into seven Congressional Districts.-Approved IV. 168. Act for the call of a Convention to reduce the number of the General Clerk of court to be the escheator. bond and se- ESCHEATS. An Act to regulate escheats in this State, and to appoint escheators.— 1. Sec. I. The clerk of the court of ordinary in each county, be, of ordinary, and he is hereby required to take upon himself, and execute the duties of escheator, for the purposes, and after the manner hereinafter mentioned and prescribed, that is to say :-Every clerk of the court of Shall give ordinary in each county, shall give bond, with good and sufficient securities, payable to, and taken by the governor for the time being, for the use of the State, which shall be recorded in the secretary's office of this State, in the penal sum of ten thousand dollars for himself and sureties jointly and severally, and conditioned for the faithful discharge of the duties of said office, and shall moreover take the following oath, to be administered by the governor or any of the judges Their oath. of the superior court, at the time of taking said bond, to wit:-"I, Duty of the escheator. Inquest. A. B. do solemnly swear that I will faithfully execute the duties of escheator, for the State of Georgia, and diligent inquiry make for all property which hath escheated, or shall escheat to the State, according to the true intent and meaning of the act, in this case made and provided, so help me God." 2. Sec. II. Where it shall appear that any person has died without will and without heirs, leaving property behind, that then and in such case it shall be the duty of the escheator of the county in which such person shall have died, to make inquiry of all the estate both real and personal, of which the deceased died seized and possessed, and to notify the same in writing to the escheator of every other county, in which the said deceased, at the time of his death may have held, or been possessed of any estate, either real or personal, and thereupon it shall be the duty of the escheator of the county, in which such person shall have died, and of every other escheator so notified, as aforesaid, to make a true and just statement, of all the property so far as comes to his knowledge, which the said deceased may been seized and possessed of in his county, and notify the same to the judge of the superior court, at least two months previous to the meeting of said court in such county, and the judge presiding at such court shall cause the jury, (being first sworn,†) to proceed and make a true inquest of all such supposed escheated property, both real and personal, which by the Explained, Sec. 11, 13. For the oath of the jury, see Sec. 16. tificate to be cheator. ment. 12 months to issue for escheator shall be submitted to their investigation, and a true verdict make thereon; whereupon the judge of the court aforesaid, shall cer- Judge's certify the same under his hand and seal, to the escheator of said county, recorded by who is hereby ordered to record the same in a book to be by him kept the esfor that purpose, and shall return the original into the office of the clerk of the said superior court to be there filed, and kept as a record of the said court; and further, on returning the inquest into the office Advertiseof the court aforesaid, the clerk shall thereupon cause to be advertised, in one of the public gazettes of this State, the first week in every month for six months, the particular description of property, both real and personal, so escheated, the name of the person last seized and possessed, and the supposed time of his or her death, together with the part of the world, in which he or she was known or supposed to be born, and requiring his or her heirs, or others who may claim under him or her, to appear and make claim, and if no person shall appear if no person and make right and title to the same within twelve months after the claims within time prescribed for advertising the same, the clerk of the said court after, process shall issue process to be signed by one of the judges to the es- sale of the cheator, pronouncing the said property both real and personal, to be property. escheated to and vested in this State, and directing him forthwith, to sell and convey the same, having given six weeks't notice of the time Notice of and place of sale, in one of the public gazettes of this State, and also in two or more public places of the county; and it shall be the duty of every such escheator, to return the proceeds of such sale, after deduct- Escheator's ing for his own use two and a half per cent. out of the moneys received tion. and paid on account of sales, as a compensation for his services, and the necessary expenses thereunto attendant, into the treasury of this State. Provided nevertheless, if any person or persons, shall appear Rights of within twenty-one years, in cases of escheated real estate, but within saved-21 five, if escheated personal property, and establish his title to such real years in real or personal property in the superior court, on an issue to be made up years in perand tried, and the same being certified by the judge presiding at the sonal. trial of such issue to his excellency the governor, he shall forthwith give such person or persons a draught on the treasury, for the amount paid therein, in manner aforesaid. sale. compensa claimants estate, five cheated pro perty how to 3. Sec. III. Any person or persons without delay, shall be heard Claims to eson an issue to be made up in the superior court, on a petition setting forth his, her, or their right, and the said property, both real and per- be tried. sonal, shall be committed to him, her, or them, if he, she, or they shall show good evidence of his, her, or their title, to hold until the right shall be found for the State, or the claimant, such claimant finding sufficient security to prosecute his, her, or their suit with effect, and without delay, and to render to the State the yearly value of such property, if the right be found for the State:-Provided, that if any Proviso. suit for property supposed to be escheated, shall be prosecuted by any escheator, and the jury before whom such trial shall be had, shall think there is no probable cause, the court before whom the same shall be tried, shall award to the party aggrieved, his, her, or their reasonable and legal costs, to be paid out of any funds, arising under and by virtue of this act. 4. Sec. IV. Any possession, grant, conveyance, or any other cause Property or title, shall not preclude or hinder the State from making inquest and escheated. * As to real estate, see Sec. 11. + Perishable articles of aliens' property to be advertised twenty days, Sec. 14. But see Sec. 19, 20. § Oath of the jury, Sec. 17. heretofore |