AN ACT to make uniform the proceedings against bail in criminal cases.

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 after the passing of this act, when any person or persons shall enter into any recognizance, or obligation, for the appearance of another, to answer any indictment, information or presentment of a grand jury for any offence committed against the laws of this State, or who shall be bound in any recognizance, bond or obligation, to prosecute or to an swer to any criminal charge, or to give evidence in any criminal case whatever, and shall fail to produce the body of his, her or their principal or principals, at the Court, according to the tenor and effect of said recognizance, bond or obligation, when required so to do, then, and in that case, it shall be the duty of the Solicitor General or prosecuting officer to the several courts of this State, to which said recognizance, bond or obligation shall be returnable, to forfeit said recognizance, bond or obligation in the manner heretofore practised in this State.

Sec. 2. And be it further enacted, That it shall be the du ty of the clerks of the several Superior Courts aforesaid, to issue a scire facias on all forfeited recognizances, bonds or obligations,against the principal & security, which shall be served by the sheriff or his deputy, under the same rules which govern service of writs in civil cases, returnable to the next court from whence the scire facias issued, and if no sufficient cause shall be shewn to the contrary, judgment shall be entered up by motion against the principal and security for the penalty mentioned in said recognizance, bond or obligation-If good cause be shewn at that term, but not such cause as amounts to an entire discharge of the principal or his security, the scire facias shall stand to be answered to in like manner at the next term, and if sufficient cause be not then shewn, judgment shall be entered up against principal and security, after which the parties to said recognizance, bond or obligation, shall become absolute debtors to the State for the sum or penalty mentioned in said recognizance, bond or obligation: Provided, nothing herein contained shall affect the rights of Academies.

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Sec. 3. And be it further enacted, That security shall be at liberty to surrender their principal in vacation to the sheriff, or in open court in discharge of themselves from their liability.

Sec 4. And be it further enacted, That all laws militating against this act be, and the same are hereby repealed.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

AN ACT declaring and making certain the law defining the liability of endorsers, and securities to promissory notes and other instruments, when the holder thereof shall fail to proceed to collect the same after notice.

Whereas, the Legislature of this State, did on the twentysixth of December, eighteen hundred and twenty-six, pass an act, entitled "an act, to define the liability of endorsers of promissory notes and other instruments, and to place them upon the same footing with securities," by the second section of which act, it is provided that "any security or endorser may whenever he thinks proper, after the note or instrument becomes due, require the holder to proceed to collect the same, and if he should not proceed to do so within three months, the endorser or security shall be no longer liable;" And whereas the constitutionality of said second section is doubted, by reason of its departure from the title of said bill ; 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 aforesaid, That in every case which may hereafter arise, where the security or endorser of any promissory note or other instrument, after the same has or shall become due, has required or shall hereafter require the holder thereof to proceed to collect the same, and the said holder has not proceeded or shall not proceed to

do so, within three months after such notice or requisition, the endorser or security shall be no longer liable.

ASBURY HULL;

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 26, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to amend the Judiciary law of seventeen hundred and ninety-nine, in relation to bail, and also, to amend an act entitled "an act to amend the Judiciary law of this State, passed the sixteenth day of February, in the year seventeen hundred and ninety-nine, so far as to authorise the issuing of bail process in certain cases," passed the eighth day of November, eighteen hundred and twenty, so far as to authorise agents, attorneys in fact or at law, to hold to bail in all civil cases.

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 after the passage of this act, it shall and may be lawful for any agent, attorney in fact or at law, to hold to bail in all civil cases, and under the same rules and restrictions as are pointed out in the before recited acts on that subject.

Sec. 2. And be it further enacted, That all laws and 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. 26, 1831.

WILSON LUMPKIN, Governor.

AN ACT to amend and alter the oath of Bailiffs, who take charge of Special and Petit Juries, and for other purposes.

Whereas, the oath now administered to Bailiffs require them to keep the Juries without meat, drink, or fire, candle light and water only excepted; and whereas it often happens that in cases of much litigation, juries are unable for a great length of time to agree upon a verdict, and are thereby exposed to cold and hunger: for remedy whereof,

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 the foilowing shall be the oath to be administered to all bailiffs, sworn to take charge of special and petit juries in the Superior and Inferior Courts of this State, to wit: You shall take this jury and all others committed to your charge, during the present term, to the jury room or some other private and convenient place, where you shall keep them without meat, drink or fire, candle light and water only excepted, (unless otherwise directed by the Court.) You shall not speak to them yourself (nor suffer others to speak to them) unless it be by leave of the Court, to ask them if they have agreed upon a verdict or are likely to agree. All this you shall do to the best of your skill and power-so help you God.

Sec. 2. And be it further enacted, That whenever it shall so happen that the jury is confined in the investigation of any case, for a length of time, which exposes them to hunger or cold, or both, the Court may, on application from `said jury, direct them to be furnished, at their own expense, with such nourishments as in his own judginent may seem just and proper; and permit them to have provisions and fire, or either, if circumstances should, in the judgment of the Court, require it.

Sec. 3. And be it further enacted by the authority aforesaid, That the said Bailiffs shall receive from the county Treasurer, or Clerk of the Court, where there is no Treasurer, of each county, one dollar per day in addition to their present fees, for each day the said Bailiffs shall serve in attendance on the juries.

ASBURY HULL,

Speaker of the House of Representatives.

Assented to, Dec, 26, 1831.

THOMAS STOCKS,

President of the Senate..

WILSON LUMPKIN, Governor.

AN ACT to authorize the clerks, sheriffs and other officers of the county of DeKalb, to insert their advertisements in one of the gazettes published in Milledgeville.

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 after the passage of this act, it shall and may be lawful for the Clerks of the Superior and Inferior Courts and Courts of Ordinary, Sheriffs, Coroners and other Officers of the county of DeKalb, to publish their advertisements in one of the Gazettes published at Milledgeville.

Sec. 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

ASBURY HULL,

Speaker of the House of Representatives.

Assented to, Dec. 21, 1831.

THOMAS STOCKS,

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to make null and void all contracts made and entered into, in writing or otherwise, between party or parties plaintiff or defendant, and attorney or attornies at law, where the attorney shall fail or neglect to attend to the suit or suits, which he or they contracted to do, in person, or by some competent attorney, until the rendition of a judgment.

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 after the passage of this act, all contracts made and entered into between party or parties plaintiff or defendant, and attorney or attornies at law, in writing or otherwise, shall be held and deemed null and void, whenever the said