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legislative body of the said Indians, or others living among them, for the purpose of legislating, or for any other purpose whatever,' such persons shall be punished by imprisonment, at hard labor, in the penitentiary for four years. s. 1. If any persons under pretext of authority from the Cherokee tribe,' shall assemble for the purpose of making laws, &c. for the tribe, or shall hold any court, or shall execute any precept issued by any court in the Cherokee tribe on the persons or property of any of said tribe, or shall confiscate or attempt to confiscate the property of any Indian of said tribe, on account of his 'enrolling himself and family for emigration,' they also shall be liable to imprisonment at hard labor in the penitentiary for four years. s. 2, 3, 5. The act is not however, to be so construed as to prevent the tribe, or its chiefs, or representatives, from meeting any agent on the part of this state, or of the United States, for any purpose whatever. s. 6. If any white person shall reside within the Cherokee nation without a license from the governor or his agent, and without having taken an oath to support and defend the constitution and laws of Georgia, and uprightly demean himself as a citizen thereof,' he shall be subject to imprisonment at hard labor in the penitentiary, for not less than four years; but this provision is not to extend to any agent of the state or of the United States, or to any person who may rent any of those improvements, which have been abandoned by Indians, who have emigrated west of the Mississippi,' or 'to white females, or male children under 21 years of age.' s. 7, 8, 9. No person shall collect any toll from any person' by authority of any law of the Cherokee tribe or any chief, &c. of the same,' for passing any turnpike gate or toll-bridge. s. 10. The governor is authorized, either for the protection of the mines, or for the enforcement of the laws of force within the Cherokee nation,' to organize a guard consisting of not more than 60 persons. s. 11. The privates of the guard are to be paid at the rate of $15 per month when on foot, and of $20 per month when mounted. The sergeants are to be paid $20 per month while on foot, and $25 when mounted. s. 12. The guard are authorized to arrest any person charged with a violation of the laws, and to bring him before a justice of the peace, or judge of the superior or inferior court, 'to be dealt with according to law.'
No Cherokee Indian shall be bound by any contract hereafter entered into with any white person, nor shall any Indian be liable to be sued in any court in this state, on such contract.
"The territory within the limits of Georgia, and now in the occupancy of the Cherokee tribe of Indians, and all other unlo
VOL. VI.NO. XII.
cated land, within the limits of the state, claimed as Creek land,' is to be divided into four sections, which are to be subdivided into districts, &c. and disposed of by lottery, among the citizens of Georgia; no person who is a resident on any part of these lands, is to be entitled to a draw;' those persons who are or have been connected 'with a certain horde of thieves, called the Pony Club,' or who have been convicted of a felony in any of the courts of the state, or who may have 'dug gold, silver, or any other metal in the land, since June 1st, 1830, are also excepted. s. 1-30. The Indians who reside upon the land and have made improvements thereon, are to be protected in the peaceable possession thereof, until the legislature 'shall enact to the contrary, or said Indians, &c. shall voluntarily abandon such improvements;' but they are not to rent or convey 'their right of occupancy' except to the government of the state, or of the United States, 'to and for the use of the drawers of the lots upon which the improvements may be ;' 'the benefits of the act are not to extend to those who have made new settlements in the gold region within the present year for the purpose of occupying and working the gold mines, but they shall be allowed to return and occupy their former residences, as others are provided for under this section.' No grants shall issue for tracts upon which there are Indian residences,' until they are abandoned by the Indians; if any 'fortunate drawer of a lot, upon which such residences may be located' shall by 'menaces or violence, remove or attempt to remove any Indian, &c. therefrom,' or 'take or attempt to take possession of any lot of land, on which improvements may be,' such lot shall revert to the state. s. 31. The 'sectional survey' of the land is to be completed without delay. s. 35. In the event that the President of the United States shall, at any time during the ensuing recess of the legislature, succeed in executing the compact between the United States and the state of Georgia, in relation to the Cherokee lands,' the survey of the districts is to be completed; otherwise, it shall be suspended until the next meeting of the general assembly, and until further enactment for this purpose.' s. 37.
'Whereas the gold, silver and other mines situate in the Cherokee country, within the jurisdictional limits of Georgia, are, of right, the property of Georgia,' therefore, the governor is authorized to take possession of such mines, ' and of all those upon other unappropriated lands of the state,' and if necessary, to employ military force to defend them from all further trespass.' s. 1. The sum of $20,000 is appropriated for this purpose. s. 2.
person shall be guilty of digging for gold, &c. in such mines, or of carrying away any gold, &c. from them, or of employing any persons to dig therefor, or to carry away gold, &c. from the mines, he shall be imprisoned at hard labor in the Penitentiary, for four years. s. 3, 4. Nothing in this act shall be so construed as to confine any negro slave in the Penitentiary.' s. 5. 'Slaves and other property employed in trespassing upon these mines, by any persons convicted of the offences contemplated by this act, shall be confiscated and sold, and after the expenses of the trial, &c. shall have been paid, the net proceeds' of the sale shall be paid into the state treasury. s. 6. Agents are to be appointed to give information of trespasses upon the mines,' and to see that the transgressors are promptly proceeded against.' s. 7.
Jury Fee. In civil cases, the jury fee is to be $3.
Writ of Ne Exeat. Any person arrested by virture of a writ of ne exeat, may be discharged on his giving bond, with sufficient security, 'either that he will not depart this state, or for the payment of the eventual condemnation money.'
An act was passed, authorizing any judge of the Superior Court to issue writs of ne exeat, at the instance of any person claiming personal property in remainder or reversion, to restrain the persons having the control of such property from removing it from the state, or to compel them to give bond that the property 'shall be subject and accessible to the demand of the person entitled thereto.'
Small Pox, &c. If any person knowing of the existence of any case of plague, small pox, &c. in Savannah, or its vicinity, 'shall wilfully conceal the same,' he shall, upon conviction, be 'subject to imprisonment not exceeding twelve months in the common jail, and a fine not exceding $ 500, both at the discretion of the court.'
Pilotage. An act was passed, regulating the pilotage of vessels to and from the harbors of the state. If any person,' without authority or license,' act as a pilot in any port of the state, he shall be subject to a fine not exceeding $100, and to imprisonment for not more than 10 days. Pilots are to give bond to the commissioners of pilotage, with two securities, in the sum of $2000, for the due execution of their office, &c.
Duelling. Certain persons were relieved from the penalties incurred by a violation of an act concerning 'the barbarous custom of duelling; which act incapacitates duellists from holding any office, civil or military.
Slaves. An act was passed, emancipating certain slaves, as
an acknowledgement of their extraordinary services, in protecting the property of their owner from the depredation of the British marauders, during the late war with Great Britain.’
Roads. Six acts relate to the construction, repair, &c. of roads. Several acts were passed, authorizing the raising sums of money by lotteries for various purposes.
The 'Beneficial Society of Augusta, Georgia,' and the ‘Augusta Theatre Company' were incorporated.
Among the resolutions are the following:
A set of resolutions relating to the boundary line between Georgia and Florida.
A resolution instructing the senators and requesting the representatives of the state in Congress 'to vote against all measures calculated to aid or foster a system of internal improvement' by the general government.
The following resolutions were passed, relative to the case of George Tassels:-'Whereas it appears, &c. that the chief justice of the Supreme Court of the United States has sanctioned a writ of error, and cited the state of Georgia, through her chief magistrate, to appear before the Supreme Court of the United States, to defend this state against said writ of error, at the instance of one George Tassels, recently convicted in Hall county superior court, of the crime of murder: and whereas the right to punish crimes, &c. is a necessary part of sovereignty, which the state of Georgia has never parted with: Be it therefore resolved by the Senate and House of Representatives, &c. that they view, with feelings of the deepest regret, the interference by the chief justice of the Supreme Court of the United States, in the administration of the criminal laws of this state, and that such an interference is a flagrant violation of her right;' that the governor and every other officer of the state be enjoined to disregard' every mandate and process served upon them, 'purporting to proceed from the chief justice or any associate justice of the Supreme Court of the United States, for the purpose of arresting the execution of any of the criminal laws of the state;' that the governor be required, with all the force and means placed at his command, to repel 'every invasion, from whatever quarter, upon the administration of the criminal laws of this state;' 'that the state of Georgia will never so far compromit her sovereignty as an independent state, as to become a party to the case sought to be made before the Supreme Court of the United States, by the writ in question;' and that the governor be authorized to communicate to the sheriff of Hall county, by express, so much of the foregoing resolutions, and such orders
as are necessary to insure the full execution of the laws, in the case of George Tassels.'
At the session of the legislature of Maine, in January, 1831, thirty-eight public acts were passed.
Ch. 489.-Physicians and Surgeons. No person shall be enti tled to recover a compensation for services rendered as a physician or surgeon, unless he shall have received a medical degree, or shall have been licensed by the censors of the Maine Medical Society.
Ch. 490.-Acts of 1830. The acts and resolves past at the session in January, 1830, are declared to be valid; the rights of property depending on the acts of the Executive, and of officers deriving their authority from the Executive, are also established.
Ch. 503.-Corporations. Every act of incorporation, which shall be passed hereafter, shall be liable to be altered or repealed, at the pleasure of the legislature, unless there shall have been inserted, in such act, an express provision to the contrary.
Ch. 506.-Enginemen. Whenever any town shall possess a fire engine, the selectmen are authorized to appoint enginemen; the enginemen are exempted from all military duty, except that of being called forth to execute the laws, to suppress insurrection, or to repel invasion.
Ch. 508.-Attachment. Personal property attached on mesne process, may be sold, with the consent of the parties, in the manner provided for the sale of such property on execution; the proceeds are to be held by the officer to respond to the judgment rendered in the suit. Any subsequent attaching creditor may be admitted at the discretion of the court to defend the suit of the prior attaching creditor, upon certain conditions.
Ch. 514.-Special Pleading. In all civil actions, the defendant shall plead the general issue, which shall be joined by the plaintiff, and either party may give in evidence any special matter in support or defence of the action, upon filing in the cause a brief statement of such special matter, either of law or fact,' within such time as the court shall order; of which statement the adverse party shall be entitled to a copy.
Ch. 517.-Colleges. No person who is now president of any College, shall hold the office beyond the day of the next Commencement of the College, unless he shall be re-elected; two thirds of the votes in each board, shall be necessary for the election of the president; any person elected to the office after the