attorney or attornies, shall fail to attend in person, or by some competent attorney, to the suit or suits which he or they contracted to do until the rendition of a judgment.

Sec. 2. And be it further enacted, That if any attorney or attornies at law, as aforesaid, shall transfer any note, or notes, obligation or obligations, in writing, taken or received for his or their services as attorney or attornies as aforesaid, and shall fail to attend to the suit or suits, in person or by some other competent attorney, until the rendition of a judg ment, he or they shall forfeit and pay to the person or persons, whom the same was taken from, double the amount so transferred, recoverable in any court having jurisdiction of the same.

ASBURY HULL,

AN ACT for the recovery of costs in Justices Courts, in certain 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, in all cases carried up by writ of certiorari, from a Justices Court, to the Superior Court, and the said certiorari shall be sanctioned [sustained] by the said Court, and the proceedings in the Court below set aside, without further order; and in all cases carried up in like manner from a Justices Court, to the Superior Court as aforesaid, and the writ of certiorari shall be sustained, and a new trial ordered, the plaintiff in certiorari, provided he finally succeeds in his cause, shall recover of the defendant all cost that he or she may have been compelled to pay and lay out before a certiorari could be granted.

Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of Justices of the Peace in all such

cases, as are mentioned in the foregoing section, to issue execution in the name of the prevailing party, for all costs that may have accrued in the said case.

Sec. 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same are hereby repealed.

AN ACT to alter and amend "an act to authorise a survey and disposition of the lands within the limits of Georgia, in the occupancy of the Cherokee tribe of Indians, and all other unlocated lands within the limits of said State, claimed as Creek land, and to authorise the Governor to call out a military force, to protect surveyors in the discharge of their duties, and to provide for the punishment of persons who may prevent, or attempt to prevent, any surveyor from performing his duties as pointed out by this act, or who shall wilfully cut down and deface any marked trees, or remove any landmark, which may be made in pursuance of this act, and to protect the Indians in the peaceable possession of their improvements, and of the lots on which they may be situated, "passed on the twenty-first day of December, 1830, and to order the immediate survey, distribution, and occupancy of the 'T'er ritory.

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 so much of the thirteenth section of the above recited act, as requires a residence of four years within the organized limits of this State, immediately preceding the time his Excellency the Governor shall issue the notification, be, and the same is hereby repealed; and that all persons possessing the other qualifications contained in said act, who have been inhabitants within the organized limits of this State, three years' immediately preceding the first day of January, eighteen hundred and thirty-two, shall be entitled to a draw or draws as contemplated by said act.

Sec. 2. And be it further enacted by the authority aforesaid, That the fifteenth section of said act be, and the same is hereby repealed.

Sec. 3. And be it further enacted by the authority aforesaid, That so much of the thirty-fifth section of said act, as declares" and in the event that the President of the U. States shall at any time during the ensuing recess of the Legisla-. ture, succeed in executing the compact between the United States and the State of Georgia, in relation to the Cherokee lands, that the Governor shall order the district surveyors to proceed to the discharge of their duties, and to the completion of the survey of the districts, as required by this act, and to the occupancy of said territory, otherwise the survey of the districts shall be suspended until the meeting of the next General Assembly, and until further enactment for this purpose," be and the same is hereby repealed.

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Sec. 4. And be it further enacted by the authority aforesaid, That on the first day of April next ensuing, the Governor is hereby required to order out the district surveyors for completing the surveys of said territory, with as little delay as possible, and when the survey shall be completed, and returns thereof made in conformity with the provisions of said act, it shall be the duty of the Governor, in case he shall deem it for the interest of the State, to cause the Lottery Commissioners to assemble at Millegedgeville, to commence the drawing of the Lottery as contemplated by this act.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 22, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to alter and amend the fourth section of an act assented to December twenty-second, one thousand eight hundred and thirty, entitled an act to authorise the survey and disposition of lands within the limits of Georgia, in the occupancy of the Cherokee tribe of Indians, and all other unlocated lands within the limits of said State, claimed as Creek Lands, and to authorise the Governor to call out a military force to protect surveyors in the discharge of their duties, and to provide for the punishment of persons who may prevent or attempt to prevent any surveyor from performing his duties, as pointed out by this act, or who shall wilfully cut down and deface any marked trees, or remove any landmark which may be made in pursuance of this act, and to protect the Indians in the peaccable possession of their improvements and of the lots on which the same may [be] situate.

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 so much of the fourth section of the above recited act, as requires superintending magistrates for district surveyors, to transmit a return of said elections, under their seals, be, and the same is hereby repealed.

Sec. 2. And be it further enacted, That the election held on the first Monday in February, eighteen hundred and thirty-one, for district surveyors, as contemplated by said section, be, and the same is hereby legalized and made valid, so far as respects the omission of the seals of the presiding magistrates any law to the contrary notwithstanding.

AN ACT to reduce the fees on head right grants, and to repeal all laws militating against the same.

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 fees hereafter to be paid into the Treasury of this State on headright grants, shall be as follows: On every tract of fifty acres and under, shall be two dollars and fifty cents; on all tracts over fifty acres and under three hundred, shall be three dollars, and all other grants under one thousand acres and over three hundred, shall be four dollars.

Sec. 2. And be it further enacted by the authority of the same, That all laws repugnant to, and militating against the provisions of this act, be, 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.

AN ACT to alter and amend an act, passed the twenty-second day of December, eighteen hundred and thirty, entitled an act to provide for the temporary disposal of the improvements and possessions purchased from certain Cherokee Indians and residents, and certain other improve

ments.

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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 son appointed by the Governor as agent, to rent all the improvements and possessions lying within the territorial limits of Georgia, and which have been purchased from Cherokee and Creek Indians, and residents, under the provisions speci