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process heretofore issued, to attend said courts, as altered by this act.

Sec. 3. And be it further enacted by the authority aforesaid, That all writs, precepts or processes of any kind or nature whatsoever, shall be made returnable to the term heretofore recited.

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 And be it further enacted, That all laws or parts of laws militating against this,, be, and the same is hereby repealed.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 21, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to authorize the Judge of the Court of Common Pleas and Oyer and Terminer for the city of Savannah to hold special or extraordinary courts for the summary_trial of causes therein enumerated, and to empower the Mayor of the city of Savannah, also to hold such special or extraordinary.courts, and to regulate Seamen or Mariners, and to prevent them from being harboured or running in debt.

Whereas, masters and commanders of vessels, trading to the city of Savannah, are often greatly distressed by the neglect or desertion of their seamen, which is in general occasioned by the practices of keepers of taverns and tippling houses, and ill disposed persons, to the great detriment and hindrance of the trade of said city: And Whereas, the provincial act of one thousand seven hundred and sixty-six, is found to be inoperative for the want of a court of summary jurisdiction; for remedy whereof,

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this act, it shall and may

be lawful for the Judge of the court of Common Pleas and Oyer and Terminer for the city of Savannah, and also for the Mayor of the city of Savannah, upon the petition made to either of them by any ship master, supercargo, owner or consignee of any vessel, or any articled seamen, who shall have any dispute or difference with any person touching any contract, agreement, sale, promise, debt or demand whatsoever, or shall be charged with any assault or assault and battery; or trespass to the person; not punishable with death or imprisonment in the Penitentiary, setting forth [in] such petition the nature of his, her or their case, and at the same time making oath that he, she or they cannot, without great inconvenience and danger [damage] to him, her or them wait the determination of such matter in difference, or the trial of such charge, by the ordinary and usual course of proceeding in the courts of the state; to order, and the said Judge or the said Mayor, is hereby required and directted to order and appoint a special or extraordinary court, to be held within forty-eight hours after the grant of such order for the trial of any such cause, matter in difference, charge or trespass.

Sec. 2. And be it further enacted, That at the time and place which the said Judge or Mayor shall appoint, the parties being duly notified by twelve hours previous notice of such time and place, shall attend personally, or by attorney, before the said Judge or Mayor, and the said Judge or Mayor, shall then hear the parties, and shall in a summary summary manner proceed to judge and determine such cause, and shall forthwith by the usual process of said Court, execute the judgment of said Court in, such cause, unless exceptions to such judgment shall be ta ken by either party on the pronouncing said judgment-and if either party shall so except to any such judgment, it shall be his duty forthwith to apply to the Judge of the Superior Court of the eastern district for a certiorari founded on such exception, which if allowed by the Judge of said district within twenty-four hours after the rendition of such judgment, shall be a supersedeas thereof-and in case of the absence of the Judge of said district, then time shall be allowed to the party making such exception, until the return of said Judge, the said party giving good bond and sesecurity to the other party in the sum of two hundred dollars, conditioned to abide the final decision of the cause.

Sec. 3. And be it further enacted, That the said Judge or Mayor shall at such special or extraordinary courts, have full power to try each cause in which captains or commanders of vessels or articled seamen are concerned as parties; in the most summary and speedy manner, and to compel the [Laws of 1831.]

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attendance of witnesses by the most summary process that can be devised, and that no more delay shall occur in the trial of such causes than such as are indispensable to the due administration of Justice.

Sce. 4. And for the purpose of avoiding vexatious arrests and fraudulent detention of articled seamen, be it further exacted that it shall not be lawful for any keeper of a tavern or tippling house, or any other person, when an articled seaman shall have been commmitted to jail by his Captain, owner or consignee, to lodge a detainer under the pretence of civil process founded on a debt-but that in such case, when an articled seaman [or seamen] shall have been commmitted to jail by any captain, owner or consignee of a vessel, it shall be the duty of the jailor to surrender such seamen upon the requisition of such captain, owner or consignee so committing him, notwithstanding any detainer which may or shall have been lodged against such seamen founded on civil process.

Sec. 5. And be it further enacted, That it shall not be lawful for any sheriff, constable or other officer, to arrest any articled seaman on civil process within twenty-four hours next immediately before the time which shall have been designated by advertisement for the sailing of such vessel, or after the lapse of such time, if such vessel shall have been detained beyond that time by adverse winds or other causes -and in case of any such arrest within such time, the said Judge or Mayor shall have full power and authority to discharge such seamen instantly on the application of the captain, owner, or consignee, shewing that such arrest was made after the time in this section prohibited, and further, that the officer making such arrest shall be punishable by indictment in the said court, and on conviction, shall be sentenced by the said court to a.fine not exceeding one hundred dollars.

Sec. 6. And be it further enacted, That the Provincial Act of Assembly, entitled "An act to punish seamen or mariners neglecting or deserting their duty on board their respective ships or vessels, and for preventing seamen and mariners from being harbored or running in debt," passed sixth March, one thousand seven hundred and sixty-six, shall be, and is hereby declared to be, in full force, and that the said judge or the said mayor shall in the summary manner aforesaid, exercise all the powers, jurisdiction and authority by that act vested in Justices of the Peace, and that the said Judge or Mayor shall be and hereby is fully empowered to carry into effect the provisions of that act as fully and to all intents and purposes, as Justices of

the Peace could have done immediately after the passage of said act.

See. 7. And be it further enacted, That if any articled seamen shall after the passage of this act, be arrested under civil or criminal process, issued by any Justice of the Peace or Justice of the Inferior court, the Captain, owner or consignee of the vessel, to which such seaman shall be under articles at the time of such arrest, shall be entitled to apply to the said Judge or Mayor for a summary hearing and determination of such cause of arrest in the manner in the first and second sections of this act prescribed, and the said Judge or Mayor shall have full power and 'authority to take jurisdiction and cognisance of such cause, and finally to decide the same,; and it shall be the duty of the officer making such arrest and of the Justice from whom the process emanated, on the requisition of the said Judge or Mayor, to transmit to the said Judge or Mayor all documents and papers in relation thereto.

Sec. 8. And be it further enacted, That the sheriff and clerk of the said court of Common Pleas and Oyer and Terminer for the city of Savannah, shall in person or by deputy attend such special or extraordinary courts, and shall be entitled to the same fees that by law they are now entitled in ordinary cases; and that it shall be the duty of the clerk of said court to require of the plaintiffs in such cause the sum of three dollars, which shall be paid to him for the use of said city, to be taxed in the bill of costs against the losing party.

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 alter and fix the times of holding the Superior courts in the county of Wilkinson.

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, the time of holding the superior courts of said county, shall be on the first Monday in April & Tuesday after the first Monday in October in each year, and all writs, bills, declarations, recognizances, precepts, processes and notices of any description, whatsoever, returnable to either of said terms as heretofore established, shall be made returnable to the terms above specified.

Sec. 2. And be it further enacted by the authority aforesaid, That all suitors, jurors and witnesses required to attend the said courts as heretofore, are required to attend at the times created by this act-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 change the time of holding the winter session of the Inferior Court of Fayette county.

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 passing of this act, the time of holding the winter session of the Inferior Court of Fayette county, shall be on the second Monday in January in each and every year, instead of the third Monday in December as heretofore.

Sec. 2. And be it further enacted by the authority of the same, That all persons summoned, subpoenaed or bound as suitors, witnesses, jurors, or in any other capacity, to attend said court, at the time which by law now in force are holden, shall be bound, by virtue of said summons, subpoena or other process heretofore issued, to attend said court as altered by this

act.

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