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AN ACT to amend the several acts in relation to the Court of Common Pleas of Augusta.

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 following fees shall be collected by the clerk of said court, of the persons and in the manner that may be pointed out by rule or order of said court, and shall be taxed in the bill of costs in the cases in which they are paid, viz.-On all suits brought in said court where plaintiff's demand shall not exceed one hundred dollars, the sum of two dollars shall be taxed; on all suits where the plaintiff's demand shall exceed one hundred, and not exceed two hundred dollars, the sum of three dollars shall be taxed; and on all suits where the plaintiff's demand shall exceed two hundred dollars, the sum of four dollars shall be taxed; and on each claim case, on each traverse of an answer to a summons in garnishment, on each appeal cause, and on each suggestion of fraud (where any debtor shall apply for the benefit of the insolvent laws), the sum of three dollars shall be taxed: which fees shall be paid by the clerk to the Judge of said Court (as the compensation of the Judge for the discharge of the duties of his office), at such time or times as said court may by rule or order direct; and on failure to pay the same, the clerk may be attached as for a contempt, and the same may be recovered in an action upon the bond given by the clerk, against him and his securities.

SEC. 2. And be it further enacted by the authority aforesaid, That said court shall have jurisdiction in all cases in garnishment, as well when the debt of the garnishee to the defendant shall exceed, as when it shall fall short of, the sum of three hundred dollars.

SEC. 3. And be it further enacted by the authority aforesaid, That all laws of force in the Superior Courts of this State in relation to the taking of evidence by interrogatories under commission or de bun esse, and in relation to sub

pœnas duces tecum, shall be of force in the Court of Common

Pleas of Augusta.

THOMAS GLASCOCK,

Speaker of the House of Representatives.

JACOB WOOD,

President of the Senate.

Assented to, 22d Dec. 1834.

WILSON LUMPKIN, Governor.

AN ACT to define the mode in which costs under the act entitled "An Act to revise and amend an act for ascertaining the fees of the public officers of this State, passed 18th Dec. 1792," shall be taxed and collected in future.

Whereas, in some circuits of this State a variety of practice, in relation to the taxation and collection of costs, has obtained under the above recited act; for the purpose of rendering the mode uniform and consistent with the design of the Legislature in said enactment—

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 suitors shall not be required to pay the court costs, or any part thereof, at the several progressive steps or stages of their suits, as has been required. by the decision of some of the courts ;—but that the mode heretofore practised in other courts, viz. the taxation of the costs which plaintiffs were supposed to have paid to the entering up of judgment, in the judgment of the plaintiffs,be, and the same is hereby declared to be the true intent and

meaning of the act of 1792 upon this subject; and that the officers of courts be, and they are hereby prohibited from demanding or receiving the cost or fees which the said fees bill or the acts amendatory thereof prescribes, until after judgment, and then to be raised by the execution of plaintiffs from defendants, if enough can be collected for such purpose; if not, then by a fi fa, or ca sa, issued under the order of the court first had and obtained, out of plaintiffs.

SEC. 2. And be it further enacted, That all laws or parts of laws militating against any of the provisions or directions of this act be, and the same are hereby repealed.

THOMAS GLASCOCK,

Speaker of the House of Representatives.

JACOB WOOD,

Assented to, 20th Dec. 1834.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to revive and continue in force "An Act to admit certain deeds to record, and to authorize the same, or copies thereof, to be read in evidence, and also the copies of certain other deeds, assented to the 23d of December, 1826."

Be it enacted by the Senate and House of Representatives of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passing of this act the act above recited be, and the same is hereby revived.

SEC. 2. And be it further enacted, That all deeds executed in the manner pointed out by the foregoing recited act between the limitation of the same and the passage of this

act, shall be on the same footing as those therein recited; and that the aforesaid act, so revived, shall be and remain in full force and virtue for twelve months from the passage of this act.

THOMAS GLASCOCK,

Speaker of the House of Representatives.

JACOB WOOD,

President of the Senate.

Assented to, 20th December, 1834.

WILSON LUMPKIN, Governor.

AN ACT to authorize Executors, Administrators, and Guardians to have recorded all receipts showing a final settlement with all or either of the heirs and distributors of the estates they may represent, and to regulate their admission in evidence.

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 be the duty of the clerks of the Superior Courts of the respective counties in this State to record all receipts showing a final settlement between any executor, administrator, or guardian, and the heirs, wards, or distributors of the estate the said executor, administrator, or guardian may represent: Provided, said receipt has been attested by two witnesses, one of whom must be a Justice of the Peace, a Judge of the Inferior or Superior Court in this State; and such receipt, so recorded, shall be received in evidence, without further proof, in any of the Courts in this State.

SEC. 2. And be it further enacted by the authority aforesaid, That whenever any executor, administrator, or guar

dian shall make it appear that said original receipt is lost or destroyed, and that the same is not in his, her, or their power, custody, or control, then a copy of said receipt, certified to by the clerk where the original was recorded, shall be admissible as testimony in any of the courts of law or equity in this State.

SEC. 3. And be it further enacted, That nothing in the provision of this act shall be so construed as to prevent any executor, administrator, or guardian from giving in testimony any receipt, after legal proof of its execution, though the same may not have been recorded.

SEC. 4. And be it further enacted, That the clerk shall receive as a fee for the recording of said receipt the sum of fifty cents.

THOMAS GLASCOCK,

Speaker of the House of Representatives.

JACOB WOOD,

President of the Senate.

Assented to, 22d December, 1834.

WILSON LUMPKIN, Governor.

AN ACT to repeal an act passed 23d Dec. 1833, entitled "An Act to authorize the clerks of the Superior and Inferior Courts and Court of Ordinary of Montgomery county to keep their offices in any part of said 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 an act passed 23d Dec. 1833, entitled An Act to authorize the clerks of the Superior and Inferior Courts and Court of Ordinary of

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