found killing, marking, branding, or driving any horse or neat cattle, contrary to the directions of this act, every such slave or slaves being convicted thereof, by the evidence of a white person, or of a slave, shall be punished by whipping on the bare back, not exceeding thirtynine lashes, by order or warrant of any justice of the peace, before whom the fact shall be proved.* Sec. IX. [Relates to estrays-repealed. See Estrays.] And whereas there are in many parts of this province gangs of wild horses and neat cattle, to which, or any of which, no property can with any degree of certainty be claimed or made out, and the keeping such horses and neat cattle within enclosures for any length of time will be attended with considerable trouble and expense; and cattle posed of owner ap 8. Sec. X. Enacted, That in case any person or persons shall Wild horses drive upon and pen, or put in any enclosure any horse, mare, colt, bow regulafilly, or neat cattle, that are wild, such person or persons shall give ted and disnotice thereof, to any toll master in the parish where the same shall where an happen, within ten days after such driving up, under the penalty of pears. twenty shillings for every such horse, mare, colt, filly, or neat cattle, so drove up, to be recovered, levied and applied, as herein is before directed, and such toll master is hereby directed and required to fix an advertisement at the several places of worship, or at the courts of conscience, in such parish; and if within thirty miles of Savannah, then also in the gazette, giving notice thereof, and where such wild horses, mares, colts, fillies, or neat cattle are; and that any person or persons claiming any right or title to any such horses, mares, colts, fillies, or neat cattle may view the same, and claim such right within thirty days, and, in case any person or persons shall within such time prove his, her, or their property therein to the satisfaction of the toll master, the same to be delivered to him, her, or them upon paying such reasonable charge and expense, for driving up and keeping such horses, mares, colts, fillies, or neat cattle, as the said toll master shall direct, together with one shilling and six pence for his trouble therein, and in case of refusal of paying the same, then such charge and expense, and fees for the same, to be levied by warrant of distress and sale, under the hand and seal of such toll master, either upon such horses, mares, colts, fillies, or neat cattle, or upon any other of the effects of such person or persons; and in case no owner Where no or owners shall appear to claim such horses, mares, colts, fillies, or found, the neat cattle, within the time limited by such advertisement, it shall cattle, &c. and may be lawful, to and for such toll master, to sell the same by public outcry, and out of the proceeds thereof, to pay the reasonable charges of driving up and keeping, and the remainder, after deducting his fees and charges of sale, to be applied as hereinbefore directed. owner may be sold. cattle for ex fore the cus 9. Sec. XI. Every horse, mare, gelding, colt, filly, or neat cat- Horses and tle, that shall or may hereafter be shipped from any port in this pro- portation to vince, shall, before the same be put on board any ship or vessel, first be tolled bebe avouched and tolled before the comptroller † of the country duties tom house at their respective ports, from whence the same are intended to be shipped, who are hereby directed and required to avouch, and toll the same, and in a book to be kept for that purpose, shall enter the time the same was or were avouched and tolled, and the name of such per As to slaves acting by direction of their masters, see Penal laws, sec. 24. + The adoption of the Federal Constitution has removed this officer from the control of the state, and without the aid of the general government this and the two following sections cannot be carried into execution. officers, who shall keep a book for that purpose. Book liable son so avouching and tolling such horses, mares, geldings, colts, fillies, or neat cattle, and the burnt mark or other notable flesh marks thereof, and the price or prices that was or were for the same respectively given, and shall, under his hand and seal, give a certificate of such entry to the person or persons so avouching or tolling the same, upon the payment of one shilling and six pence sterling for his trouble therein, under the penalty of five pounds for every neglect or refusal of the said comptroller. 10. Sec. XII. The said book shall be liable to be inspected by to be inspect any person or persons whatsoever, upon payment by each and every person or persons to the said comptroller or comptrollers the sum of nine pence for each search. ed. Horses, &c. not to be shipped till tolled. The master of vessel to take an oath, to be administered by the comptroller, ty of three pounds. 11. Sec. XIII. And for the better preventing any horses, mares, geldings, colts, fillies, or neat cattle being shipped or exported before the same shall be so avouched and tolled as aforesaid, the master or commander of every ship or vessel shall, before the vessel be cleared out, on board which the same shall be shipped or intended to be shipped, be obliged to take the following oath before the comptroller of the country duties, that is to say: That the manifest of the cargo then produced contains a true and just account of all the cargo; that there is no horse, mare, gelding, colt, filly, or neat cattle on board the said ship or vessel except what is mentioned and contained therein; and that he doth not intend nor will take on board his vessel, before his departure from this province, any horse, mare, gelding, colt, filly, or neat cattle, except as expressed in the manifest aforesaid: which oath the said comptroller of the port where any vessel or vessels shall clear out, is hereby empowered and required to administer to every masunder penal-ter or commander of any ship or vessel, under the penalty of three pounds for every master of any ship or vessel he shall omit or neglect to swear as aforesaid; and every horse, mare, gelding, colt, filly, or neat cattle that shall or may be put or shipped on board any ship or vessel, without being first avouched, and tolled as aforesaid, shall Horses, &c. be forfeited and sold, the one-half of the moneys arising from such shipped with- sale to be for the use of the informer, the other to be paid into the out being avouched, hands of the public treasurer, and applied as the general assembly may forfeited. hereafter direct, and the said comptroller or comptrollers are hereby authorized and empowered, information being first made on oath of any horse, mare, gelding, colt, filly, or neat cattle being put on board any ship or vessel, without being avouched and tolled as aforesaid, to go and enter on board such ship or vessel in the day time, and make search in all parts thereof, and all and every horse, mare, gelding, colt, filly, or neat cattle therein found, and not avouched, tolled, and entered with the said comptroller or comptrollers as aforesaid, to take, seize, drive, and convey away; and if any person or persons whatsoever shall resist or oppose the said comptroller or comptrollers in the due execution of this act, every such person so offending shall forfeit and pay the sum of twenty pounds all which said fines and forfeitures to be sued for and recovered by action of debt, bill, plaint. or information, in any court of record within this province, wherein no assoign, privilege, or wager of law, or any more than one imparlance shall be allowed; and that the said fines and forfeitures be disposed of as hereinbefore mentioned. Twenty pounds penalty for resisting the comptroller in his duty herein. Continuance of the act. 12. Sec. XIV. This act shall continue and be in force for and during the term of two years from the passing hereof, and from thence to the end of the next session of the general assembly, and no longer.* * Perpetuated by act of 1783. See Laws, seo. 1 An Act to revise and amend “ An Act for recording Marks and Brands in this state"-Passed Dec. 8, 1792. Vol. I. 347. brands to be office. 13. Sec. I. From and after the passing of this act, it shall and Marks and may be lawful for all persons residing within this state, to record recorded in their marks and brands in the clerk's office of the superior court of the clerk's the county in which such person resides; and if any person or persons shall neglect to record the same, then and in that case, whenever any property shall or may happen to be in dispute between the Property dis party so recording his marks and brands, and any other person not puted, to be long to the having recorded as aforesaid, both having one and the same marks or person first recording brands, the property being found in the possession of the person com- his marks, plying with this act, the party so claiming any such property in dis- &c. pute as aforesaid, shall not be allowed to take the same out of the hands of the person found in possession, without such claimant can prove, by disinterested testimony, such property so in dispute, and that the same is his property, such proof, when the value of the property is under five pounds, to be made before any justice of the peace in the county where such property may be found, and if above that value, before any court having jurisdiction thereof. corded is 14. Sec. II. Where two or more persons shall have the same Two persons marks and brands, each of them recorded; in such case the oldest having the same mark, record shall be evidence of right, so far as to compel the other party the first reto prove his property by disinterested testimony, in the manner here- prima facia inbefore pointed out: Provided, That nothing in this act contained evidence of shall compel such person or persons as have already had their brands Proviso. and marks recorded in the secretary's office, to record the same in the clerk's office aforesaid, but such record in the secretary's office shall be good and valid. right. record marks, 15. Sec. III. It shall be the duty of the clerks of the superior Clerk shall courts, upon the application of any person or persons, to record all brands, &c. marks and brands, in books to be kept by them for that purpose, and give certificates thereof when thereunto required, by any person or persons, and for which they shall receive the fees pointed out by the act His fees. to revise and amend "An Act for ascertaining the fees of the public officers of this state." An Act to empower the Justices of the Inferior Court of the County of Camden or a majority of them, to appoint Inspectors of Cattle in said county-Passed Dec. 5, 1799. Vol. I. 56. Florida, 16. Sec. I. It shall be the duty of the justices of the inferior court Appointment of an inspecof the county of Camden, to meet at the court-house in said county, tor of cattle on the first Monday in February next, and there to appoint two fit driven into and proper persons to inspect all cattle which may be drove through or from the county of Camden to the province of East Florida, by taking the marks and brands of each, and recording the same in a book who shall reto be kept for that purpose by him. Sec. II. The owner or owners of said cattle, shall pay to said Compensainspector six and one quarter cents for each head of cattle so inspected. cord their marks. tion. 17. Sec. III. Any person or persons, failing or neglecting to give Penalty for so driving catinformation to the said inspector, of his, her, or their intention to dle without drive cattle from this state to the province of East Florida, and do inspection. actually drive the same without being inspected by the inspector or inspectors appointed by virtue of this act, shall forfeit for each head, ten dollars, to be recovered by action of debt, in any court having cognizance of the same, the one half to the person informing, and the other part to the use of the county. The amoun CHANGE BILLS. The act of 1815* enacts in substance, that every person issuing change bills of a dollar or less, shall, on pain of $500, annually make a return of the amount thereof, to the receiver of tax returns; and pay for those issued before the 16th of December, 1815, eight per cent.; and those issued after that date, twenty per cent. on the amount. The act of 1816† moreover provides, that if any persons or companies other than the incorporated banks, shall after the 19th of December, 1816, put bills in circulation, the holders of such bills of two dollars or more, may recover twenty-five per cent. above the amount, and if under two dollars each, treble the amount thereof from any of the persons issuing or signing the same. And that the unauthorized issuers of such bills as were in circulation before that date, shall on or before the 1st of June, 1817, make return on oath to the receiver, of the amount at the time of the return, and pay twenty per cent. tax thereon, on pain of $500 for the use of the state, and treble the amount of the bills, recoverable by the holders. But the penalties of $500 that may have been incurred under these acts, are remitted by the act of Dec. 8, 1818, provided the delinquents should on or before the first of January 1819, make like return of the amount in circulation on the 1st of Jan. 1816 and 1817, and forthwith pay or secure twenty per cent. on such amount and all costs. Excepting however from this remission such persons as had continued to issue after the 1st of March 1817. The first of these acts is clearly superseded by the act of 1817, (see sec. 1 and 2,) and the second is embraced in a subsequent statute, (see sec. 3, 4, &c.) more comprehensive in its scope and severe in its sanctions. So that they can hardly be considered as now in force, except as to the penalties that may have been incurred under them. If there are any such, not remitted or settled, the foregoing abstract may in such cases be convenient. An Act to raise a Tax for the support of Government for the Passed Dec. 19, 1817. Vol. III. 891.§ year 1818 1. Sec. V. All and every person or persons or companies of inof notes shall dividuals, not having a charter for the purpose from this state, who and tax paid. have or may hereafter issue any engraved due-bill, check, note, or be returned * Sec. 6 and 7, Vol. III. 884. ↑ Sec. 1, 2, and 3. Ibid. 103. ↑ Ibid. 106, and see resolution of the 19th same month, Ibid. 1209, directing the collectors to be vigilant in collecting the arrears and penalties of 1816 and 1817, still outstanding. According to the idea currently received, and generally true, that taxation impliedly legalizes the subject on which it is imposed, the acts respecting change bills would present a medley of mere contradictions, authorizing by taxation on the one hand, what is forbidden by acts of most express prohibition on the other. But it is obvious-perhaps so obvious as not to need remark, that the tax acts on this subject, are laws not of revenue, but of policy ;-intended not so much for any fiscal purpose, as for the correction of a great abuse. On this principle they may stand (as the legislature undoubtedly intended they should) consistently together, co-operating in the discouragement and prevention of this fraud upon the public. be made by any of the is side in the bill of exchange, intended to represent a bank note, shall keep a fair account of the amount issued or put in circulation by him, her, or them, and make due return thereof on oath to the receiver of tax returns of the respective counties in which such issuer or signer may reside, at such time as is required by law for making returns of the taxable property, of the amount in circulation at the time of making such return, and shall pay to the tax collector of the county two and a half centum* per on the amount then in circulation.† 2. Sec. VI. Where either or any of the signers shall reside in Return shall this state, it shall be his, her, or their duty to make such return, though the bills may purport to be issued or put in circulation, or suers who re dated out of this state, and the fact of residence in this state of any state." of the signers or issuers, shall be conclusive evidence that the same were issued or put into circulation in this state; and if the return Pennities for should not be made in manner aforesaid by some one of the signers or issuers, the return of each, so far as it relates to such notes, shall be deemed fraudulent, and they shall be liable to all the penalties prescribed by the law of this state against those who make false returns; and shall, in case such return is not made, pay the penalty of six thousand dollars, to be collected by execution as in other cases: Provided always, that the return of any one of the signers or issuers, and the payment of the tax shall be deemed sufficient. An Act more effectually to prevent the evils of Private Banking, and to stop the issuing and circulation of the Bills and Notes of Unchartered Banks, Private Bankers, and the Bills and Notes usually called Change Bills.-Passed December 19, 1818. Vol. III. 107. failure. business shall 3. Sec. I. It shall not be lawful for any person, association of No banking persons, or body corporate, from and after the first day of January, be done but 1820, to keep any banking-house, room, shop, or office, office of by the incorporated discount and deposit, or of discount only, or of deposit only, or any banks, room, house, shop, or office, for the purpose of carrying on any kind of banking, or operations, which incorporated banks are authorized by law to carry on; or to issue, emit, circulate, lend, pass, pay, or tender in payment, as private bankers, any bills or promissory notes of private bankers, incorporated or unincorporated banks or banking companies, copartnership, or association, by whatsoever name it may be called, unless thereunto specially authorized by law; and in case any person or persons, copartnership, association, or body corporate, shall contravene the foregoing provisions, every such person or persons, and every member of such copartnership, association, or body corporate, who shall either directly or indirectly assent thereto, shall on penalty of forfeit the sum of one thousand dollars, to be sued for in the name of How sued the state of Georgia, by the attorney general or solicitor general, in for. the several circuits, and recovered by an action of debt, or on the case, in any court of competent jurisdiction in this state, with costs, and one half of said forfeiture, when recovered, shall be paid to the use of the state, and the other half to the use of the informer; and Each day's every day during which, or during any part of which, such prohi- sion, and bited banking-house, room, shop, or office, is kept open, or such prohibited business, or any of it, transacted therein, shall constitute a new, separate, and distinct offence, and shall be liable to a new, sepa * But see sec..7. +See a legislative construction of this law. Resolution of Dec. 17, 1818. Vol. III. 1206.. 1000 dollars, transgres |