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of 'Talbot, as creates an election district at the house of Wm. Cormack's, or the place of holding Justices Courts in Capt. John M'Michael's district, be and the same is hereby repealed.

Sec. 29. And be it further enacted, That from and after the passage of this act, there shall be one additional election district in the county of Carroll, at the place of holding the Justices Courts in the ninth district of Carroll county, and all clections held at said place shall be governed by the same rules and regulations that now are in force regulating elections in said county of Carroll.

Sec. 30. And be it further enacted, That the elections held at the places designated in the counties in the foregoing sections, shall be superintended and conducted in the same manner as provided by an act passed on the twenty-third of December, 1830, to prescribe the manner of holding elections at the several election districts in the several counties of this State, and to punish those who may defeat or violate the election laws of force in this State.

ASBURY HULL,

Speaker of the House of Representatives.
THOMAS STOCKS,

Assented to, Dec. 26, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

JUDICIARY.

AN ACT defining the liability of purchasers of real and personal estate, at executors, administrators, guardians and sheriff's sales, when they refuse or fail to comply with the terms of such sales.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and a

after the passage of this act, any individual who may become the purchaser of any real or personal estate at any sale which shall hereafter be made at public outcry by any execu. tor, administrator, guardian, or sheriff, and shall fail or refuse to comply with the terms of such sale when required so to do, shall be liable for the amount of such purchase money, and it shall be at the option of such executor, administrator, guardian, or sheriff, either to proceed against such purchaser, for the full amount of the purchase money, or to resell such real or personal estate, and then to proceed against the first purchaser, for the deficiency arising from such resale, and in case of sheriffs sales, such suit may be brought in the name of the sheriff for the use of the defendant or plaintiff in execution, or any other person in interest, as the case may be.

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Sec 2. And be it further enacted, That no note or memorandum in writing, shall be necessary to charge such purchaser at such sale, and who shall become such by reason of such real or personal estate being knocked off to him, as the highest bidder.

Sec. 3. And be it further enacted, That all laws or parts. of laws, militating against this act, be, and the same are hereby repealed.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

President of the Senate.

Assented to, Dec. 27, 1831.

WILSON LUMPKIN, Governor.

AN ACT to legalize and make valid the official acts of James C. Martin, deputy clerk of the Inferior Court and Court of Ordinary, of the county of Gwinnett.

Whereas, James C. Martin, deputy clerk of the Inferior Court and Court of Ordinary, of the county of Gwinnett, failed to take the oath prescribed against duelling; And wheras, doubts have arisen as to the legality of his official acts, in consequence thereof.

Be it enacted by the Senate and House of Representatives. of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all the official acts of the said James C. Martin, heretofore done by him as deputy clerk of the Inferior Court and Court of Ordinary, of the county of Gwinnett, be, and the same are hereby declared to be as legal and valid as if the said James C. had taken and subscribed the oath against duelling.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 23, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

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.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That when any person hereafter intends to contest the seat of any person returned as elected a member of the House of Representatives 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 eitheir party from attending in person or by attorney.

Sec. 2. And be it further enacted, That where either party intends to take testimony, going to prove the legality or

illegality of a vote given to either, or the constitutionality of his qualifications, the same shall be taken in manner aforesaid, and within twenty days after the election, and not after that time.

Sec. 3. And be it further enacted, That the person intending to contest the seat of any member 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.

Sec. 4. And be it further enacted, That 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.

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AN ACT to alter and amend an act, entitled an act, to define the liability of securities on appeal, on stay of execution, and for the protection of bail, on recognizance, bond, note or other contract.

Whereas, doubts exist, whether the security or securities, against whom judgment has been rendered, and execution has issued accordingly, upon any contract, bond or note, since the passage of the above recited act, can have legally the controul of the execution where the same has been paid off by such security or securities, and they have neglected to make special defence at the trial, to indemnify themselves out of the property of the principal; For remedy whereof,

Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, it shall and may be lawful for any person or persons, who have heretofore become security on any note, bond or other contract, and not interested in the consideration thereof, and judgment has been rendered against them, and execution issued accordingly, and such security or securities have been heretofore compelled to pay off such judgment or execution, he, she or they, shall be entitled to to the controul of the same for the purpose of remunerating him, her or them, out of the property of the principal or princi pals: Provided always, That it shall be made satisfactorily appear to the Court from whence the execution issued, that such person or persons assuming to have the controul of any judgment or execution as aforesaid, were bona fide security or securities, only upon the original bond, note or contract, which was the foundation of the judgment and execution.

And be it further enacted, That where any security or secuties as aforesaid, shall fail at the trial of the note, bond, or other instrument upon which, he, she or they, were security or securities, to make special defence thereof, it shall be lawful for such security or securities to take controul after payment thereof, of the said fi fa, after complying with the requisitions of the first section of this act, and that all laws and parts of laws militating against this act, are, and the same are hereby repealed.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 26, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

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