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AN ACT to compel the Clerks of the Inferior Courts of the different counties in this State to claim estrays when levied on by execution.

Whereas, there is a practice prevailing in many of the counties in this State, with plaintiffs in execution, to hunt out estrayed property, and have their executions levied on the same; and, whereas, there is no provision by law for any person to claim said property for the benefit of the county where the same may occur-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 from and immediately after the passage of this act, it shall be the duty of the Justices of the Peace & Constable or Constables, of each Captain's district in every county in this state, to notify the Clerk of the Inferior court of the county wherein they reside, whenever it comes within their knowledge, or when they have any reason to believe, that any execution has been levied on estrayed property.

Sec. 2. And be it further enacted, That in all cases where the clerks of the Inferior Courts of the different counties in this state, shall receive the information aforesaid, and also, where the fact may come within their own knowledge, for them to hand a written notice to the Constable or Sheriff, as the case may be, (who may have levied on any estrayed property, stating that he claims the said property for the benefit of the County as an estray; which said notice shall be sufficient to compel the Constable or Sheriff, as the case may be, to return the said fi fa or fi fas, and notice, to the next Justice's Court of the district wherein the levy may have been made, if the said fi fas issued from a Justice's Court, or if the same issued from an Inferior or Superior Court, then and in that event to the next Inferior or Superior Court, of the county wherein the levy may have been made.

Sec. 3. And be it further enacted, That when any notice with the execution as aforesaid shall be returned to any of the courts aforesaid, it shall be the duty of the court, to cause

an issue to be made up, between the said Clerk of the Inferior Court and the plaintiff in execution, which shall be tried in the

ame manner as all other claim cases, the burden of proof resting on the plaintiff in execution.

Sec. 4. And be it further enacted, That in all caces where the issue shall be determined against the Clerk, the county shall pay the cost.

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 repeal the first section of an act entitled an act to make Constables elective by the people, and the mode of taking their Bonds, and to point out their duties in certain cases, passed twenty-second December, one thousand eight hundred and twenty-nine, so far as the said act regulates the mode of electing said Constables in the county of Chatham.

Sec. 1. Be it enacted by the Senate and House of Repre sentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the first section of the above recited act, passed the twenty-second December, one thousand eight hundred and twenty nine, so far as the said act regulates the clection of constables for the county of Chatham, be and the same is hereby repealed.

Sec. 2. Be it enacted by the authority aforesaid, That the constables for the county of Chatham, shall be elected by the Justices of the Inferior Court of said county for three years, and in manner pointed out by the act of the General Assembly of this state passed the sixteenth of February, one thousand seven hundred and ninety-nine, entitled an act for the appointment of county officers, or as they were elected prior to the act passed the twenty-second December, one thousand eight hundred and twenty-nine, above referred to.

Sec. 3. 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,

Avented to, Des. 23, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to compel the Justices of the Peace of the 535th district of the Georgia Militia in the county of Dooly, and their successors in office, to preside together, and to vacate their offices for refusing to do 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 hereafter when any difficulty shall arise between the present Justices of the Peace and their successors in office, in the 335th [535th] district of the Georgia Militia, in the county of Dooly, as regards the place of holding their courts as required by the law now in force: It shall be the duty of one or both of the Justices, presiding in said district, to give twenty days notice by advertisement to be placed up at the place of holding the company muster in the district, to all male persons liable to sue and be sued in the same, to meet at the time and place required by said notice, for the purpose of designating by ballot, a place in said district at which the Justice's court shall be holden.

Sec. 2. And be it further enacted, That if either or both of the Justices in said district shall refuse to hold their court together and at the place designated by the vote of the district, as contemplated in the first section of this act, such Justice of the Peace, thus refusing, shall be subject to an indictment for mal-practice in office, and upon conviction, shall be subject to the same pains and penalties now in force in relation to mal-conduct of Justices of the Peace.

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

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AN ACT to provide for the payment of one of the presiding magistrates of each election district in the county of Telfair, for attending at the court house of said county on the day after each election has been held for a Governor, Senator or Representatives in this State, for the purpose of consolidating all returns of such elections.

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 one of the presiding officers at each of the elections as aforesaid, shall be allowed and receive out of the county Treasury, the sum of two dollars each, for their trouble in attending as aforesaid at the court house to consolidate the returns of the same. Which sums shall be paid said Justices of the Peace by the county Treasurer, as before expressed, and these re ceipts shall in all such cases be allowed him on his regular returns of disbursements of county funds-any law to the contrary notwithstanding.

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 compel all County Officers holding public monies to keep books of record of the receipts and expenditures of the same.

Sec. 1. As the public money is the property of the people, they have a right at all times to know how it is expended:

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 the authority of the same, That from and and after the passing of this act, all county officers in each county in this state, in whose hands any money belonging to the county or state shall come, shall prepare and keep a fair, good and substantial leather bound book, in which they and each of them shall enter in a regular and distinct manner, all monies, by them received on account of the state or county, or from any other public source, in such a way, as may be seen how much and at what time the said money was received, & in like manner how the same has been expended or disbursed, with the items of each expenditure, and at the expiration of every three months, the debit and credit side of such account shall be struck, so that the state of the account may be known.

Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the county treasurer, or if none has been appointed, then the clerks of the Superior or Inferior Courts, acting as such, shall at every second term in each county, lay before the Grand Jury a fair abstract from said book.

Sec. 3. And be it further enacted by the authority aforesaid, That in case of neglect or failure of any of the aforesaid persons to perform the duties hereby assigned them, then and in such case, they shall be liable to a fine of twenty dollars for each offence, to be recovered in any court of record having competent jurisdiction: the whole penalty to go to the person prosecuting the party offending.

Sec. 4. And be it further enacted by the authority aforesaid, That during the legal office hours, all persons shall have access to and a right to inspect the aforementioned books, and to take extracts therefrom, and the person keeping the same shall be entitled to receive twenty-five cents

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