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has become ineffectual by reason of persons appointed refusing to serve; and pray for remedy of this evil;

Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That if any person or persons, who may be hereafter appointed a commissioner, or commissioners, of the public roads of the county of Chatham, in conformity with the provisions of the road laws now of force in said county, shall refuse or neglect to serve as such, it shall be lawful for the said commissioners to cause the person or persons, refusing or neglecting to serve, to be summoned to appear before them at the next regular meeting of the board of commissioners; and after [upon] such person or persons, having been summoned, refusing or neglecting to appear, or having appeared, refusing or failing to give a satisfactory excuse upon oath, it shall be lawful for the said commissioners, or a majority of them, to fine any such person or persons each, in a sum not exceeding twenty-five dollars, which shall be recovered by warrant of distress and sale to be issued by the [said commissioners, or a majority of them, under their hands and seals.

Sec. 2. And be it further enacted by the authority of the same, That it shall be the duty of any constable of Chatham county, to levy such warrant upon the goods and chattels of the person or persons who shall be fined as aforesaid, and having advertised the same for thirty-days, at three public places in said county, to sell the same, unless the fine be paid with costs, at public sale, to the highest bidder.

Sec. 3. Be it further enacted, That the fine when collected, shall be paid over to the commissioners, to be employed by them for the improvement of the public roads in Chatham county; and in case of a sale, the purchase money, after paying the fine and Constable's cost, allowed by law on executions from Magistrates Courts, shall be returned to the person or persons, refusing or neglecting to serve as aforesaid..

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AN ACT to alter and amend the road laws of this State, so far as respects the counties of Emanuel, Pulaski, Telfair, and Laurens.

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 authority of the same, That from and after the passage of this act, the duty of the road commissioners shall be vested in the Justices of the Peace, of each district in said counties.

Sec. 2. And be it further enacted, That all defaulters in working on roads shall be hereafter returned by the Overseer, to the first Justice's Court in said district, where such default takes place, and it shall be the duty of such Justice or Justices, to have the excuse of such defaulter, and if insufficient, such Justice or Justices shall proceed to assess such fine, not exceeding two dollars per day, as to him or them may seem just and right, and issue execution for such fine, and have the same collected by the Constable, as in other cases of debt in their Court. And when the money assessed shall be collected, shall be turned over to one of the Inferior Court, in one month after being collected, for the improvement of roads and bridges of the district where such defaulter resides.

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

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Des. 26, 1831.

President of the Senate.

WILSON LUMPKIN, Governor

14*

AN ACT to authorise and direct the Superintendents of the public hands at Colun.kus, [to open and construct a road from Columbus] to Frankiin in Troup county; and also to work and improve the road from Columbus by the way of La Grange, to the old McIntosh Reserve, in Carroll county; and also the road from Greenville, in Meriwether county, to Newnan, in Coweta county.

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 aforsaid, That the Super'intendent having charge of the public hands in the vicinity of Columbus, be, and he is hereby authorised and directed, immediately after the first of January next, to proceed with said hands to open & construct a good market 10ad,thirty feet wide, on the best and most convenient route, from the town of Colurabus to Franklin in Troup county.

Sec. 2.. And be it further enacted, That so soon thereafter as the above mentioned road shall have been completed, the said Superintendent is hereby authorised and directed, to proceed with said hands, to the improvement of the road leading directly from said town of Columbus by the way of La Grange, to the old McIntosh Reserve, in Carroll county.

Sec. 3. And be it further enacted by the authority aforesaid, That so soon thereafter as said last above mentioned road, shall have been completed, the said Superintendent is hereby authorised to proceed with said hands to open and construct a good market road, thirty feet wide, on the best and most convenient route, (such as may be selected by the Justices of the Inferior Courts of the counties of Meriwether and Coweta, respectfully,) from Greenville, in Meriwether county, to Newnan in Coweta county.

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

ASBURY HULL,
Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 23, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

.AN ACT to alter and amend the several acts passed to prevent obstructions to the free passage of Fish in the Oakmulgee river, and its branches, passed in the years eighteen hundred and twenty-one, eighteen hundred and twenty-four, and eighteen hundred and twenty-nine; also for the better regulations of fishing with seines in the said river and its branches.

Whereas, great inconvenience has and will be experienced, in effectually carrying into operation the above recited acts; 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 Allen Stephens, of the county of Bibb, David Howard, and Thomas S. Milton, of the county of Monroe, Baalam Peters, Michael M. Healy, of the county of Jones, Augustus Lane, and William Barkley, of the county of Jasper, John M. Pearson, of the county of Butts, William, R. Henry, of the county of Newton, and Jethrew Barnes, of the county of Henry, be, and the same are hereby appointed commissioners of the Oakmulgee river and its branches, above Macon, with full power to carry into effect the provisions of this act. And should it so happen that either of the persons above named as commissioner, should fail or refuse to serve, it shall be the duty of the Inferior Court of the county where such vacancy may happen, to appoint some fit and proper person to fill such va

cancy.

Sec. 2. And be it further enacted, That the commissioners as aforesaid, shall, before they proceed to the duties required of them by this act, take the following oath or affirmation, (to-wit :) I, A. B. do solemnly swear that I will to the best of my ability discharge the duties required of me in terms of this act, as a commissioner of the Oakmulgee river, and its branches, and faithfully execute the trust reposed in me, without favor or affection, so help me God. And said commissioners or a majority of them, so qualified, shall on the fifteenth February, eighteen hundred and thirty-two, or so soon thereafter as may be convenient, proceed to survey, lay off and define the main channel of said river and its branches, in the following aanner to-wit: Allen Stephens, of the county of Bibb, David Howard, and Thomas S. Milton, of the county of Monroe, Baalam Peters and M. M. Healy,

of the county of Jones, Augustus Lane, and Wilham Barkley, of the county of Jasper, are hereby required, or a majority of them, to commence at Macon, and continue up said Oakmulgee river, to the place where the Alcofahatchee river, intersects the same, and no farther. And John M. Pearson, of the county of Butts, William R. Henry, of the county of Newton, and Jethrew Barnes, of the county of Henry, are hereby required or a majority of them, to commence their labors at the above last mentioned place, and continue up said river and its branches to the following places, up the South river to the Snapping Shoals, up the Yellow river to the Cedar Shoals, and up the Alcofahatchie river to Water's mills.And the commissioners as aforesaid, are hereby empowered and required to open or cause to be opened, ninety feet in said river from Macon to the place where the Alcofahatchie intersects said Oakmulgee river, and forty feet up the same to the Snapping Shoals on South river, and forty feet up the Yellow river to the Cedar Shoals, and forty feet up the Alcofahatchie river to Water's mill, for the free passage of fish, and in each river the main sluice or channel shall be included.

Scc. 3. And be it further enacted, That wherever there is an island or islands situated in said river, it shall be the duty of the commissioners as aforesaid, to lay off and define a public channel on each side of said island or islands, as nearly proportioned to the width of the river on each side as is possible; including the deepest channel on the shoal in each case, both channels together not to exceed ninety feet in width in the Oakmulgee, and forty feet in width in the South Yellow and Alcofahatchie rivers.

Sec. 4. And be it further enacted, It shall not be lawful for any person [or] persons, their agent or agents, slave or slaves, to fish with two seines at the same landing or beach or opposite landing or beach, within one hour of each haul, nor shall it be lawful to fix, locate or situate in said rivers, any seine, gil net, or other obstruction across the main channel, so as to prevent the free passage of fish, and any person or persons so offending by themselves or agents, shall be liable to indictment for a common nuisance, and on conviction shall be liable to pay a fine of two hundred dollars for each and every such offence, one half of which shall go to the informer and the other half to the county in which the offender or offenders reside at the time of their conviction, and if any slave or slaves, without the coercion of his, her, or their owner, or overseer, shall offend against the provisions of this section, or if any free person of color shall violate the same, he, she, or they, on proof before any Justice of the Peace or Jus

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