tice of the Inferior Court, shall receive thirty-nine lashes, on his, her or their bare back for every such offence. Sec. 5. And be it further enacted,. That the commissioners as aforesaid, or a majority of them, shall have complete.power to call to their assistance such number of the free white citizens of the respective counties, opposite to which any obstruction may be found, as they may deem necessary to remove the same, and if any person or persons so summoned, shall fail or refuse to assist such commissioners, after one day's notice so to do, such person or persons so offending or refusing, shall on proof and conviction before any Justice of the Peace, in the district in which such offender resides, be liable to pay five dollars per day, for each day he shall fail or refuse to serve, provided, that in no case more than three days service shall be required of any individual or individuals at any one time, nor more than six days in any one year. Sec. 6. And be it further enacted, Whenever the above recited streams shall have obstructions to the passage of fish, placed in them, contrary to the provisions of the second section of this act, the person or persons so offending, shall be liable to indictment for a common nuisance before any court having cognizance of the same, and on conviction thereof, shall be subject to pay a fine of two hundred dollars per day, for every day such nuisance shall remain unremoved, one half of such fine to go to the informer, and the other half to the county in which the offender or offenders may reside at the time of their conviction, and no notice shall be necessary, but such offender or offenders may be prosecuted forthwith, according to the provisions of this act. Sec. 7. And be it further enacted, That whenever said commissioners shall have laid off, marked out and defined the channels in said rivers, agreeably to the provisions of this act, for the free passage of fish, beginning at Macon and extending up to the before mentioned places, they shall make out a fair statement of the number of days they were actually engaged in said business, and present the same to the Inferior Court of the county in which they respectively reside, and on examination and approval by said court, they shall issue an order to pay the same at not more than thrée dollars.per day for each day said commissioner was so employed, to be paid out of the county funds: Provided, they shall not receive pay for more than ten days in any one year. Sec. 8. And be it further enacted, That whenever any individual or individuals, may be called on by any of the commissioners above named, for the purpose of removing obstructions in said rivers, they shall be allowed one dollar per day for each day they are actually so employed, to be paid by the county, in which they respectively reside; Provided, the individual claims [claiming] compensation for services rendered, produces a certificate from one of the commissioners aforesaid, setting forth the number of days such person was so employed. Sec. 9. And be it further chocted, That all laws and parts of laws 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 place a part of the public hands on a road to commence on the Turnpike road leading from Augusta to Washington, near Wrightsboro, and pass through Wrightsboro, Crawfordsville, Greensboro, Madison, Covington, and on to Decatur, for the improvement of 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 Superintendent of that portion of the public hands, at present at work on the road leading from Sparta to Milledgeville, by way of Samuel Devereux's, shall as soon as said road shall be completed to Milledgeville, transfer and place all of said hands on a road to commence en the Turnpike road leading from Angusta to Washington, near Wrightsboro, and pass through Wrightsboro, Crawfordsville, Greensboro, Madison, Covington, and on to Decatur, for the improvement of the same. Sec. 2. And be it further enacted by the authority aforesaid, That all laws and ps of laws, militating against this act, be, and 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 prevent itinerant or unauthorised persons from locating themselves on or near the river Savannah, under the pretence of fishing, and to prevent obstructions to the passage of fish up the said river, and farther to prohibit trading with slaves, and to extend the powers of civil officers, and patrols. Whereas, the Savannah river in the neighborhood of the city of Savannah, is infested by a number of evil disposed persons, inhabiting huts, or camps, arks or floating houses, who under the pretence of being engaged in fishing, are in the habit of trading with negroes, to the great injury of their owners, and to the corruption of the morals of the slaves; and whereas, the mode of taking fish adopted by these persons, is one calculated to impede the passage of fish up the river, and lessens the value of lands on and near the said river; 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 not be lawful for any one, other than the proprietors of the shores and bars of the said river, (or such persons as shall by any such proprietor be duly authorised) to catch or take fish or attempt to do so, with seines, nets, or other contrivances of the kind, on any part of said river, or the waters communicating therewith, within twenty miles next immediately above the said city of Savannah. Sec. 2. And be it further enacted, That from and after the passage of this act, it shall not be lawful for any persons to inhabit, occupy or reside in any ark, flat or floating house on the said river, or the waters thereof, or on the creeks communicating therewith, which shall not be engaged in the lawful commerce of said river, in the carriage or transporting goods or produce to or from market, and that no ark, flat or floating house, other than such as are engaged in the lawful commerce of the said river, shall be allowed to be at anchor or be fastened to the shores of said river, within the distance aforesaid of said city. Sec. 3. And be it further enacted, That all offences against the provisions of the foregoing sections of this act, shall be punished if committed by a white person, for each offence, by a fine of not less than four hundred dollars, and by im*prisonment in the common jail, for not less than three months, and if committed by a slave or free person of colour, by whipping, not less than thirty-nine lashes for each offence. Sec. 4. And be it further enacted, That nothing heretofore contained shall be construed to prevent the owners of the lands on the said river or the waters thereof, or the creeks emptying therein, or his, or her lessee, from taking fish in any manner he or they may choose, in the river opposite to his or their banks: Provided, That all and every lease or leases of a fishery, shall be duly recorded within ten days after the date thereof. Sec. 5. And be it further enacted, That it shall be lawful for patrols or any civil officer at all times to visit such huts, houses, arks or camps, as are now or shall hereafter be erected or established on or near the banks of said river, or on or near the banks of waters communicating therewith, and to search the same, and if upon such visit or search, any rice in the rough state or clean, or Indian corn or pease, exceedin in quantity one peck, shall be found therein, or in the actual or virtual possession of any occupant of such house, hut, or camp, or any spirituous liquors exceeding in quantity one gallon for each occupant of such hut, house or camp, it shall be evidence against the inhabitant or inhabitants, occupant or occupants, of such hut, house or camp, of trading by him, her or them, with negroes without a ticket from the owner, and shall be punished according to the provisions of the act of nineteenth December, eighteen hundred and eigh teen, entitled an act, to alter and amend an act, to prohibit slaves from selling certain commodities therein mentioned. 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 authorise the Inferior Court of Hancock county, to improve the public roads of said 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 of the same, That the Inferior Court of the county of Hancock, be, and is hereby authorised to purchase or hire negroes, horses, cattle, tools, implements, and the same to employ at their discretion, in the improvement of the roads and bridges of said county, and parts thereof, as said Court may deem proper, and to make any and all contracts necessary to the improvement of the roads and bridges of said county; and all contracts heretofore made by the said Court in relation to the improve-. ment of said roads, are hereby confirmed.. on such Sec.. 2. And be it further enacted, That the said Inferior Court is hereby empowered to appoint three persons in each Captain's district, which persons shall have power to lay out and superintend the improvement of all roads that the Inferior Court may order to be improved in said district by the labour of labourers owned by the said county, and the Inferior Court shall pay all demands [damages] that may accrue on account of any alteration that may be made in said roads, by the persons so appointed by the said Court, to be assessed in the manner pointed out by the road laws now in force in this State. Sec. 3. And be it further enacted, That the Inferior Court of said.county may appropriate so much of the county funds |
