Owners of boats liable 3. Sec. III. Owners of boats, navigating the waters aforesaid, for all thefts, shall be liable, and compelled to pay for all pillages and thefts committed by their respective crews, on conviction of the offender or offenders. &c. Boats' hands, not to carry produce of their own to market, An Act to prevent Boat-owners or Patroons from permitting boat hands, or other negroes, from trafficking in corn, or other produce, or from carrying the same to market, on board of the boats accustomed to navigate the river Savannah, between Augusta and Savannah.--Passed December 13, 1816. Vol. III. 113. Whereas the practice of permitting negroes on board of the boats navigating the river Savannah, to carry corn, cotton, or other produce to market, as their own property, has been found, by fatal experience, to be an encouragement of theft; and whereas it is right and proper, that such encouragement should not any longer be held out to this description of persons; for remedy whereof, 4. Sec. 1. Be it enacted, &c. That, from and after the passing of being slaves, this act, it shall not be lawful for any owner or patroon of a boat, to suffer or permit any boat hand, or negro, being a slave, to put on board their boat, whereof he is owner or patroon, any corn, cotton, peas, or other articles of produce, as the property of such boat hand, or negro, for the purpose of carrying the same to Savannah, or elsewhere, to market, or for sale; nor shall such owner or patroon suffer the boat hands, or other negroes, being slaves as aforesaid, on board of their boat or boats, to barter or trade the one with the other, in any articles of produce, as before enumerated, under any pretext whatever. nor trade with each other. Penalty on the owner or patroon. Act of 181C 5. Sec. II. Any owner or patroon, offending against the provisions of the first section of this act, shall be subject to indictment in the superior court of the county in which the offence shall be committed; and upon conviction thereof, shall be fined and imprisoned, or both, at the discretion of the court before whom such indictment shall or may be tried. An Act to alter and extend the foregoing.-Passed December 10. 1817. Vol. III. 114. 6. Sec. I. From and immediately after the passing of this act, extended to that the before recited act shall be held, deemed, and considered in all navigable rivers, full force, from Augusta to the head navigation of Savannah and Broad rivers, and in all the rivers that now are, or hereafter may be, made navigable in this state. and its penalties inflicted. Offences in what counties 7. Sec. II. If any owner or patroon of any boat, accustomed to navigate between the head navigation of said Savannah and Broad rivers to Augusta, or in any other river that now is, or hereafter may be made navigable in this state, shall offend against the first section of the before recited act, he shall be subject to all the pains and penalties contained in the second section of said act. 8. Sec. III. All or any offence against this act, or the one to punishable. which it is amendatory, shall be tried and punished in any or either of the counties in this state, adjoining the water course on which the offence was committed. Act of 1816 9. Sec. IV. The aforesaid act shall be held, deemed, and couagain extend- sidered, as extending to all rivers that now are, or hereafter may be vigable rit made navigable in this state. ed to all na vers. BOUNDARY.-SOUTH CAROLINA. An Act for the ratification of certain agreements made and entered into by Whereas, by an ordinance passed by the legislature of this state, commissioners were appointed and authorized to meet other commissioners, similarly appointed by the state of South Carolina: And whereas, the said commissioners, or a majority of them from each state, were vested with full powers to settle all differences, controversies, disputes, and claims, which subsisted between the two states, relative to boundary: And whereas, they, conformably to those powers, did, on the twenty-eighth day of April, in the year 1787, in convention at Beaufort, in the state of South Carolina, by certain instruments of writing to which the said commissioners interchangeably set their hands and affixed their seals, make mutual concessions and agreements for the purpose aforesaid : vention rati 1. Be it therefore enacted, &c. That whatever was done by the Beaufort consaid commissioners, or a majority of them as aforesaid, is hereby e ratified, and shall be considered as binding upon the citizens of this state, any law to the contrary notwithstanding. 2. North Carolina line. The boundary between North Carolina and Georgia, which has been the subject of so much controversy, has arisen principally out of the difficulty of fixing on the thirty-fifth deg. of North latitude with such exactness and certainty as to satisfy both parties. The first measure that appears on the Statute Book, is a resolution of May 7, 1803, [Vol. II. 678.] directing the Governor to take such measures as he may deem necessary "to ascertain and identify that tract of country ceded by the United States to this state," and also to ascertain to what part thereof the Indian title had been extinguished, and to direct the Surveyor General to lay a map thereof before the next legislature. On the 10th Dec. 1804, an act was passed [Vol. II. 189.] which, deducing in its preamble the chain of the Georgia title, gives by enactment an authority to the Governor to appoint commissioners to meet such as may be appointed by North Carolina, for ascertaining and designating the lines of Walton county. The Resolution of December 5, 1807, [Vol. II. 682-4.] reciting that the commissioners and artists from both states had proceeded in their duty; but that from the differences in result among themselves, and from other causes, the Georgia commissioners appeared not to be confident of the accuracy of the calculations: And therefore resolved, that three commissioners be appointed, to be attended by two artists and the Surveyor General with other instruments, for the purpose of ascertaining satisfactorily this parallel of latitude, requesting of North Carolina her co-operation in this measure; and that in the mean time the people of that county might not be disturbed by any officers of that state. The state of North Carolina not having attended to this, the resolution of December 1808 [Vol. II. 689.] requests the Governor to renew his application to the government of that state; and should they For the Beaufort convention, see Vol. I. 662. refuse or fail to co-operate, the Governor of Georgia is requested to proceed alone. Nothing however appears to have been done in pursuance of these resolutions. On the 15th of December, 1809, [Vol. II. 690.] the legislature addressed her memorial to the general government, briefly setting forth the origin and progress of the dispute, and praying the government of the United States to appoint a proper person to run the dividing line through its whole extent between the two states. There being some unexpected difficulties in this course; and there being now, it would seem, a better prospect of amicable adjustment with North Carolina, the legislature once more, by resolution of 15th December, 1810, [Vol. II. 694.] invited the attention of the sister state to the subject. The Governor, by that resolution, was authorized to employ Mr. Andrew Ellicott to ascertain the 35th degree of North latitude for the satisfaction of Georgia alone, if North Carolina would not concur. But the Governor was to advise the executive of North Carolina of this measure, with the assurance, that if that state would co-operate, the observation taken should be final and conclusive. Mr. Ellicott made his observations, which were acquiesced in; and here ended the dispute as to the parallel of latitude. But the line was not then run out and marked. The resolution of 9th Nov. 1818, [Vol. II. 1197.] directs the Governor to appoint persons to meet such as may be appointed by North Carolina, to run and plainly mark the dividing line between the states of North Carolinaand Georgia. And that that state be invited to co-operate in this measure. 3. Tennessee line. The resolution of December, 1817, [Vol. III. 1184.] authorizes the Governor to appoint a mathematician, commissioner, and surveyor, (with power to employ sufficient chain carriers and markers) to act with like officers appointed or authorized by Tennessee, in running and marking the boundary between the two states. 4. Florida line. The resolution of December, 1818, [Vol. III. 1201.] authorizes the Governor to appoint two persons to ascertain the true head of the Saint Mary's river, and if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish deputation is not at the place set forth in the treaty with Spain, that they make a special report of the facts to the Governor, who shall thereupon communicate the same to the President of the United States, with a request that the lines may be run agreeably to the true intent and meaning of the treaty. 5. Cherokee line. The Governor requested to appoint commissioners to join such as may be appointed by the Agent of Indian Affairs for the Cherokee nation, to run the line according to the treaty made with the Cherokees by Gen. A. Jackson and J. M'Minn Governor of Tennessee, and Gen. David Meriwether: from the mouth of Soque creek to such place as may meet the true intent of the said treaty. [Resolution of Dec. 1818. Vol. III. 1207.] The Governor authorized to appoint a commissioner, surveyor, and such number of chain and axe men as he may deem necessary, to proceed to the point of Unica road, where the line terminates which was run by W. Lumpkin, and have said line run and plainly marked on the top of the blue ridge, meandering the same until it intersects the line commonly called Blair's line. [Resolution of 6th December, 1819. Vol. III. 1220.] CATTLE-1773. An Act to prevent the stealing of horses and neat cattle, and unlawfully branding, marking, killing, or driving the same-Passed September 29, 1773. Vol. 52. Sec. I. As to stealing horses and cattle-punishable by the penal code. be certified red. 1. Sec. II. Immediately from and after the passing of this act, Sale of upon the sale or exchange of any horse, mare, gelding, colt, filly, horses, &c. to or neat cattle, the person or persons so selling, or exchanging the by toll massame, if required by the purchaser, shall be avouched and tolled, and ters if requi a certificate thereof obtained from the toll master, except however, public sales of horses or neat cattle, by executors, or administrators, belonging to the estates of persons deceased, for which he, she, or they may act in such capacity, and except also sales by the provost marshal or his deputies, constables, or other persons empowered by the act of the general assembly of this province, to make distress, and levy execution. made toll 2. Sec. III. The justices assigned to keep the peace, in the seve- Jastices of ral parishes in this province shall be and they are hereby appointed the pect to be toll masters in their respective parishes, and they are hereby masters. declared to have full authority to exercise all and every the powers in them vested as toll masters by virtue of this act. the names of consideration 3. Sec. IV. The toll masters hereby appointed, shall administer Toll masters oaths to the persons avouching, or tolling before them respectively, sons vouchtouching the proof of the property of the person so tolling, (of the ing and enter sufficiency of which proof such toll masters are hereby declared to be the parties, judges,) and, upon such proof appearing, they are hereby required description, and directed to avouch or toll any horse, mare, gelding, colt, filly, or given, &c. neat cattle, produced to them or either of them, in a book to be kept for that purpose, shall enter the time of sale, and the name and place of dwelling, of every seller and buyer of such horse, mare, gelding, colt, or filly, burnt mark or other notable flesh mark thereof, and the price for which the same is sold, or the value of what may be given in exchange, and shall under his hand and seal, give a certificate of such and grant entry, to every person requiring the same, upon the payment of one shilling and six pence for his trouble therein, under the penalty of" three pounds for every neglect or refusal of any or either of the said toll masters. certificates thereof. horses, &c. the owner's months: 4. Sec. V. If any horse, mare, colt, or filly, after the passing of Tolling and this act shall be stolen, and afterwards shall be sold and tolled as afore- sale of stolen said, that yet nevertheless the sale of any such horse, mare, gelding, not to divest colt, or filly, shall not take away the property of the owner from right if claimwhom the same was stolen, so as a claim be made, in six months after ed in six the offence or felony done, by the party from whom the same was stolen, or by his executors or administrators, or by any other person of their appointment, in the parish where the same horse, mare, gelding, colt, or filly shall be found, before any justice of the peace of the said parish, and so that the proof be made within forty days, then next ensuing, by two sufficient witnesses to be produced, and depose before such justice of the peace, that the property of such horse, mare, gelding, colt, or filly so claimed was the property of the party by and from whom such claim is made, and was stolen from him *Now the clerks of the Inferior courts. See Estrays, sec. 6: er may bave them again the price to the purchaser. or her within six months, next before such claim of any horse, mare, But the own- gelding, colt, or filly, but that the party from whom said horse, mare, gelding, colt, or filly was stolen, his or her executors or administraon refunding tors shall and may at all times after, notwithstanding any such sale or sales, have again and enjoy the said horse, mare, gelding, colt, or filly, upon payment of the party that shall have in possession the same, so much money as shall appear to have been paid by him or her, by a certificate from the toll master, or by oath before any justice of the peace, that he or she has paid such value without fraud or collusion, any law, custom, or usage to the contrary notwithstanding. Toll masters not to toll. horses, &c. persons not 5. Sec. VI. No toll master hereby appointed shall toll any horse, mare, gelding, colt, filly, or neat cattle, sold or offered for sale by any brought by person or persons not being freeholders in this province, unless the freebolders said person or persons produce a certificate, under the hands and seals without cer- of two or more justices of the peace of their respective counties or parishes where they usually reside, of their being legally possessed of the same, under the penalty of three pounds for every horse, mare, gelding, colt, filly, or neat cattle so by him tolled. tificate, &c. Penalty for unlawfully killing, branding, disfiguring brands, And in order to prevent, as much as may be, the pernicious practice of unlawfully branding, marking, or disfiguring of horses and neat cattle ; 6. Sec. VII. Enacted, That immediately from and after the passing of this act, every person and persons within this province, who shall be lawfully convicted of killing, or of branding, marking, or disfiguring the brand, or altering the mark of any horse, mare, gelding, or driving off colt, filly, or neat cattle, or of driving them, or either of them, off cattle, &c. from their usual range, or place of feeding, wantonly and not with an intention to steal, not being the property of such person or persons, (except by order and direction of the lawful owner or owners thereof,)* upon oath of one or more evidences before two or more justices of the peace, in any parish within the same, shall, besides the damages otherwise recoverable by law, forfeit for every such offence, a sum not exceeding eight pounds, to be recovered by warrant of distress, and sale of the offender's goods, under the hands and seals of such justices, and be applied one half to the informer or informers, and the other half for the use of the poor of the parish where such offence was committed: and in case no distress shall be found whereon to levy such forfeiture, then, and in such case, the party or parties offending shall be committed to the common jail of Savannah, there to remain for the space of one month, and shall receive such corporal punishment, by whipping on the bare back, not exceeding thirty-nine lashes, as to such justices shall seem meet. Like penalty slaves to kill, drive off, &c. 7. Sec. VIII. No person or persons whatever shall order or difor ordering rect his, her, or their slave or slaves to kill, mark, or brand, any mark, brand, horses or neat cattle, such person not being at the same time present, or causing some white person to be present, at such killing, marking, or branding, nor shall order any of his, her, or their slave or slaves, to drive any horse or neat cattle from their usual place of feeding, unless he, she, or they shall give such slave or slaves, a ticket in writing, for that purpose, under the penalty of a sum not exceeding eight pounds, to be heard, and adjudged, recovered and applied, as Slaves offend- herein is before directed, and in case any slave or slaves shall be ing herein to receive thirty-nine lashes. For altering any lawful brand, see penal laws, sec. 200: killing cattle, ib. 207; and other malicious mischief, ib. 210. + Justices jurisdiction reduced to thirty dollars. |