The clerk record and minutes. 133. Sec. XIV. The clerk of said court shall copy into a book of shara record to be provided by the mayor and aldermen of Savannah, all the proceedings in all the civil cases in said court, which entry of record shall be made within twenty days after the determination of Fees of re- any cause, and the clerk shall be allowed ten cents for every hundred words of recording such proceedings, to be taxed in the bill of cost; and the said clerk shall keep from day to day, regular minutes of the proceedings of said court, which shall be signed by the judge. cording. Glerk and duties and li 134. Sec. XV. All the duties and liabilities attached to the clerks sheriff, their of the superior and inferior courts, and to the sheriffs of the counties, abilities, the are hereby attached to the clerk and sheriff of this court, and the same as other judge of said court is empowered to exercise the same authority sheriffs. over the clerk and sheriff, as is legally exercised by the judges of the superior courts over the clerks of the superior courts, and over the sheriffs of the counties. clerks and Juries, serve. 135. Sec. XVI. All persons residing in the city of Savannah, and who are liable to serve as jurors in the superior court, shall be liable to who liable to serve as jurors in this court; and it is hereby declared to be the duty of the said court to conform to the laws in force in this state, pointing out the mode of selecting, drawing and summoning jurors for the suDefaulters. perior court; and the XLIVth section of the judicial statute is hereby Jurors' oath. declared to be in full force in said court; and the oath to be adminis tered to all juries in said court upon the trial of civil causes, shall be the same as is by law administered to the petit jurors in the superior Drawing ju rors. Grand jury. Criminal proceedings. Oaths of the clerk and sheriff. Court terms. Judge's sala courts. 136. Sec. XVII. The judge of the said court shall, previous to the adjournment of either of the terms of the same, draw, conformably to the laws of this state, twenty-four persons to serve as an inquest or grand jury for the said court and city, and twenty-four persons for the trial of all civil and criminal cases of which the said court has jurisdiction, but no inquest or grand jury for the said court shall consist of less than eighteen persons; though twelve persons of any grand jury may find a bill or make a presentment; and it is hereby declared, that the mode of proceeding and trial in all criminal cases in said court, shall be the same as is pursued in the superior courts in this state; and that the oath to be administered to jurors and witnesses upon the trial of criminal cases, shall be the same as is administered to jurors and witnesses in criminal cases in the superior courts. 137. Sec. XVIII. The clerk and sheriff of the court created by this act, shall respectively take the oath required by the judicial statute of this state, to be taken by the clerks of the superior and inferior courts, and by the sheriffs of the counties, excepting that in the clerk's oath, the following words shall be substituted, (after the words "and other proceedings,")-" of the court of common pleas and of oyer and terminer for the city of Savannah," and in the sheriff's oath the same style of the court shall be inserted after the words "as sheriff," and the said oaths the judge of the said court or the mayor of the city of Savannah, is hereby empowered to administer. 138. Sec. XIX. There shall be twelve terms of the said court in each year, and the times of holding the same shall be on the last Monday in each month. 139. Sec. XX. The salary to be allowed the judge of the said court shall be thirteen hundred dollars, to be paid quarterly by the treasurer of the city of Savannah, out of the funds of the corporation of said city and the said judge, before he enters upon the duties of his office, shall take the following oath or affirmation, either before the governor or before commissioners by him for that purpose appointed, to wit: "I do solemnly swear, or affirm, that I will adminis- His oath. ter justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform the duties incumbent upon me as judge of the court of common pleas and of oyer and terminer for the city of Savannah, according to the best of my abilities and understanding, and agreeably to the constitution of this state and the constitution of the United States-so help me God." tax fee. 140. Sec. XXI. The attorney's fee in each cause brought in said Attorney's court, shall be one half of the fee by law allowed upon cases commenced and tried in the superior courts, and upon all cases brought in the city tax fee. said court, there shall be assessed the sum of three dollars, to be paid upon the institution of the same, to the clerk of the court, who shall make quarterly returns of the fees so received by him, and pay over the amount to the treasurer of the city of Savannah, under the penalty of five hundred dollars, to be enforced by attachment against the clerk as for a contempt. 141. Sec. XXII. When either party to a cause in said court shall Certiorari. take exceptions to any proceedings in a suit affecting the real merits of the same, it shall be the duty of the said judge, to cause to be made and filed of record in said court, a just and true statement of the facts relating thereto, and of all legal points arising therein, and the said party, after a full compliance with the law of the state, regulating the granting of certiorari, may apply to the judge of the eastern district for a writ of certiorari, who shall issue the same if he shall deem the exceptions taken to be sufficient. proceed in the mayor's 142. Sec. XXIII. All suits and other processes which have been This court to instituted or ordered in the mayor's court of Savannah, and which causes which shall remain undecided, and unexecuted on the last Monday in Octo- originated in ber next, shall be transferred to the court created by this act; and it court. shall be the duty of the court to proceed to the determination and trial of all such suits, conformably to the provisions of this act; and the records of the said mayor's court are hereby declared to be a part Records of of the records of the court created by this act; and the clerk of this the mayor's court shall, upon motion first made to the court for that purpose, issue execution upon all judgments which have been or may be obtained in the said mayor's court. Other laws that have been passed relative to Savannah. As to rents. Vol. III. 739. Shipping in harbour, Vol. I. 589. As to other matters, Vol. I. 117, &c. Vol. II. 32, 67, 87, 97, 140, 141, 180, 214, 243, 299, 311, 388, 425, 434, 435, 449, 453, 489, 540, 552, 556, 578. Vol. III. 44, 52, 319, 329, 523, 681, 824, 827, 828, 830, 831, 842, 844, 849, 860, 1067, and pamph. of 1820, p. 53. An Act to Incorporate the Town of Darien.-Passed Dec. 12, 1816. Sec. I. II. & III. [Directs the appointment of city officers and organizes the Police.] court. mayor and 143. Sec. IV. The intendant and members of the said council, Conservativa shall each of them have full power and authority to keep peace and power and good order within the said town, to issue warrants, and cause all offend- aldermen. ers to be brought before them, and on examination, either to release, admit to bail, if the offence be bailable, or commit to the custody of the sheriff of the county of McIntosh, except in cases hereafter provided Mayor's court. Monthly terms. tion. for, whose duty it shall be to receive the same, and keep in safe custody until discharged by due course of law; and the said intendant and every of the members of the said council, for the time being, shall be vested with all the powers and authorities that justices of the peace are vested by the laws of this state, and shall exercise the same, in every part of the said town, for the preservation of the peace and good order thereof. 144. Sec. V. It shall and may be lawful for the said intendant, or in his absence, any three of the council, and they are hereby empowered at any time after the passing of this act, to hold courts once in every month throughout each year, to appoint such officers as Its jurisdic- they may think necessary, to settle and allow said officers reasonable fees, and to have jurisdiction of, and to hear and determine all civil causes not involving the right or title to any land or real estate, so the demand in each suit does not exceed the sum of fifty dollars,* and to give judgment and award execution thereis according to law,Provided, that if any party to a suit, shall feel him, her, or themselves aggrieved by the decision of the said court, it shall and may be lawful for such party to enter an appeal within three days after such trial, first paying all costs which may have accrued on such trial, and giving sufficient security to abide and perform the sentence of the court at the trial of the appeal; and all appeals from the decision of the said court, shall be tried at the succeeding court day, unless good excuse is given for continuing longer such trial; which trial shall be by a jury of seven men, whose verdict shall be final,-Provided, such continuance shall not exceed three terms. Apeal to a jury. Bair Juries. The court shall be governed by acts. cord. 145. Sec. VI. The said intendant and council shall have the like power and authority to hold to bail for debts within their jurisdiction, under like restrictions as pointed out for the superior and inferior courts; and shall have power to draw and impannel jurors for the trial of appeals, who shall be resident within their jurisdiction, and shall be qualified and liable to serve as jurors, to cause them to be summoned at least five days before the said court, and to fine them for non-attendance or other misconduct, in such manner as they may think proper; and shall have power to award execution for such fines, and cause the goods of the persons so incurring such fines, to be sold by virtue thereof: Provided, such fine shall not exceed ten dollars. 146. Sec. VII. The said intendant and council shall, in all judicial proceedings, have reference to, and be governed by the laws the judicial in force in this state, for regulating the judicial proceedings thereof; and the said court of intendant and council thereof, is declared to be Court of re- a court of record, and any persons necessarily going to. being at, or returning therefrom, shall be free from arrest on any civil suit. 147. Sec. VII. The town marshal shall have the power of sellestate. ing real estate in said town under execution, issued by the intendant How that and and council: Provided, all sales made by him of real estate or neto be adver- groes, shall be on the first Tuesday in each month, and advertised at least thirty days. City marshal may sell real negroes are lised. Confinement of debtors Sec. IX. and X. [Relates to work on the streets and commons.] 148. Sec. XI. The intendant and council shall have power and authority to confine all insolvent debtors within their jurisdiction, as well as all offenders against the peace and good order of the state, in In Darien fail. the jail of Darien, until such time as the county shall build a jail at and others, the court-house. But see Sec. 44. An Act to make the town of Darien a City, and to amend the foregoing Act.-Passed Dec. 18, 1818. Vol. III. 1014. Sec. I. and II. [Changes the style of the town to that of " city," and directs the election of a mayor and aldermen in the place of intendant and council.] of the court same as was tendant aud 149. Sec. III. The jurisdiction of the mayor's court of the city Jurisdiction of Darien shall be increased to one hundred dollars; and in holding 100 dollars. the mayor's court for the trial of civil causes, the mayor shall pre- The mayor's side, and he shall be allowed the same fees as are allowed to the court, the mayor of Savannah, on sums of like amount ;* and any person dis- that of the insatisfied with the decision of the mayor, may appeal to a jury, in council. the manner now provided for in the intendant and council's court of the town of Darien; and the same proceedings shall be had on all Advertisesuch appeals; and it shall be lawful for the city marshal to advertise shat's sales, his sales in any gazette in the city of Darien. Other laws that have been passed relative to Darien. Vol. II. 244, 497. Vol.III. 223, 321, 332, 459, 677, 680, 1008, 1009, 1013, 1073. ment of mar JUSTICES OF THE PEACE.-1797, 1799. An Act for the appointment of County Officers.-Passed Feb. 16, 1799. Vol. I. 201. oath. 1. Sec. V. The inferior court shall at their first term in each Inferior court shall appoint year, appoint at least one, and not more than two fit and proper per- constables, son or persons in each militia company district to serve as constables, who shall give bond who shall hold their appointments for one year, and until a successor and security. shall be appointed, and before such constables enter on the duties of their appointments, they shall give bond and good security to the Governor of this state for the time being, in the sum of one hundred and fifty dollars, for the faithful discharge of their duties, and shall also take the following oath before a justice of the inferior court or justice of the peace : "I do solemnly swear, or affirm, that I will And take an duly and faithfully perform all the duties required of me as constable of the county of according to the best of my abilities and understanding." And where it shail so bappen that no fit and proper Where no person or persons offer themselves as candidates, the said court bedra shall pass an order directing the justices in any district, or one of for. them, to draw not exceeding two persons from such company, to serve as aforesaid, who shall be liable to a fine of forty dollars, to be Forty Dollars for refusing levied by order of the said inferior court, on refusal to act, or pro- to serve. cure some other person to serve for him. The Judiciary Act of 1797. Vol. I. 271. candidates to issue attach able to the 2. Sec. LXXI.- - And the said justices respectively may, and Justices may are hereby fully authorized and empowered, to issue attachments re- ments returnturnable to the superior or inferior courts, under like circumstances, sup. and safeand in like manner as the judges or justices of the said courts are em- rior courts, powered to do. *The act to which this refers, is now the law of Augusta. See. Sec. 1. + 500 dollars. See Sec. 34. All but this latter part of the 71st section is repealed or superseded. At least I can find nothing which ousts the justices of the authority here given. It was suffered to remain, probably, for its obvious importance in giving to the attachment laws a duly active operation. Justices of the peace to keep a An Act to compel the Justices of the Peace in this state, to keep a fair and regular Book of Entry.-Passed Dec. 13, 1809. Vol. II. 572. 3. Sec. I. From and after the first day of March next, it shall be the duty of each justice of the peace in this state, to keep a fair book of entry and legible book of entry of all civil proceedings had before him, for proceedings. the recovery of debts, &c. of all Said books to be deliver ed to successors. Jurisdiction of justices of the peace. Proviso. Appeals: Within three days. cution within four days. 4. Sec. II. In all cases where any justice of the peace in this state, shall resign or remove out of the limits of the district, for which he shall have been appointed, it shall be the duty of such justice to deliver the said book, or a fair copy thereof, to his successor in office, within sixty days after he may be commissioned, or deposit the same with the clerk of the inferior court. An Act to alter and amend the several Judiciary Acts now in force in this state, so far as relates to Justices' Courts.-Passed Dec. 14, 1811. Vol. III. 368. Whereas the said acts are not found to answer the purposes for which they were intended ; 5. Sec. I. Be it enacted, &c. That from and after the passing of this act, the justices of the peace in the respective company districts, or any one or more of them, shall have authority and jurisdiction to hear and determine all suits on any liquidated demand or account, for any sums of money not exceeding thirty dollars,* by summons or warrant; Provided, That no justice of the inferior court, clerk, sheriff, or practising attorney, being a justice of the peace, shall try any warrant, or give judgment thereon in any civil case whatsoever; and the said justices are hereby authorized and empowered to give judgment and award execution thereupon; Provided nevertheless, that either party being dissatisfied, shall be allowed an appeal, on payment of costs and giving security for the eventual condemnation money within three days after judgment; or the party cast may stay the levy of execution forty days, on payment of cost, and giving seStay of exe-curity within four days after judgment; but no stay of execution shall be allowed after an appeal trial, for a longer time than twenty days; in which case, the security on the appeal, together with the security Debts originfor the stay of execution, shall be liable for the debt and cost.-And ally over 30 it shall be lawful for any person or persons, who has or have in his, been reduced her, or their hands any bond, note, or account, which was given for by payments any sum exceeding thirty dollars, and the amount of which has been or under. reduced by any payment, or payments or off-sets, to the sum of thirty dollars, or under, and which payment or payments are endorsed on the back of such bond, note or account; or where any bond, note, account or other agreement (gaming debts excepted) which in its original exceeded the sum of thirty dollars, but has been reduced by bond or bonds, note or notes, although of equal date, and payable at the same time, to a sum or sums under or of thirty dollars each, that then and in every such case it shall and may be lawful for any person or persons, who has or have in his, ber, or their hands, or notes, bond or bonds, or accounts as aforesaid, to bring suit theresuch note on in the justices' court in the district where the debtor or debtors may reside; and the justice or justices are hereby authorized to give judgment for whatever sum in his judgment appears to be due. dollars have to that sum Appeals, bow to be tried. any 6. Sec. II. All such appeals shall be tried before any one or more justice or justices in the company district in which the cause origina * Exclusive of interest and cost.-See Sec. 38. And also in some criminal Tases, by virtue of the amendment of 1811 of the constitution, Art. III. Sec. 1. |