Rate of Interest-Compensation of Secretary of Senate and Clerk of House, Etc.

shall prove

claimed than seven per cent., it shall be incumbent on the plaintiff Plaintiff in such suit or action to show affirmatively, by proof, that no greater affirmativeor higher rate of interest than that specified in the contract so sued ly that no upon, has been taken, received, retained, or in any way or manner of interest secured, so as to be thereafter had or taken by any device what- charged.

ever.

SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879.

higher rate

has been

COMPENSATION OF SECRETARY OF SENATE AND CLERK OF
HOUSE, ETC.

No. 230.

An Act to prescribe the compensation of the Secretary of the Senate and Clerk of the House of Representatives of this State; to regulate the appointment of their assistants, and to provide for their giving bond, as required by the Constitution, and for other purposes.

SECTION I. The General Assembly of Georgia do enact, That the compensation of the Secretary of the Senate shall be sixty dollars Secretary of per day for each session, and the compensation of the Clerk of the Senate to House of Representatives shall be seventy dollars per day for each per day.

session.

receive $60

necessary

sistants, etc.

SEC. II. Be it further enacted, That said Secretary and Clerk Each may shall each select and appoint such assistants as may be necessary appoint for the performance of the clerical work of their respective houses, clerical asincluding clerks for such standing or special Committees as may be allowed a clerk by order of their respective Houses; the compensation of their said assistants to be fixed by said Secretary Compesaand Clerk, respectively, and to be paid out of the amounts allowed sistants. said Secretary and Clerk, respectively, in the preceding section: Provided, however, that if either House shall for any purpose employ a stenographic reporter, the cost of such reporter shall not be considered a part of the clerical expenses of such House, but shall be provided for by a special appropriation.

tion of as

and Clerk,

curity.

SEC. III. Be it further enacted, That immediately after their Secretary election, said Secretary and Clerk shall, each, give bond and secu- each to give rity in the sum of five thousand dollars, payable to the Governor bond se and his successors in office, and conditioned for the faithful discharge of their respective duties, said bonds to be approved by the President of the Senate and Speaker of the House, respectively.

SEC. IV. Be it further enacted, That this Act shall not apply to the present term of the present Secretary and Clerk.

Re-Survey of County Lines.

SEC. V. Be it further enacted, That all laws conflicting herewith be, and the same are hereby, repealed. Approved October 8, 1879.

RE-SURVEY OF COUNTY LINES.

No. 346.

An Act to define by re-survey the county lines of this State when the same are unknown or are in dispute, and for other purposes.

WHEREAS, There are many county lines in the State which are unknown, undefined, and are in dispute:

SECTION I. Be it therefore enacted by the General Assembly of the Re-surveys State of Georgia, That from and immediately after the passage of lines, how this Act, whenever the grand jury at any term of the Superior executed. Court, in any one of the counties of this State, shall, in their gen

of county

Duties of county sur

veyors as to re-surveys.

veyors failiug to agree, how to proceed.

eral presentments, recommend that the county line, or any portion thereof, between said county and some other county adjoining, which is undefined, unknown, or in dispute, be re-surveyed and established, it shall be the duty of the Ordinary of said county to forthwith transmit a certified copy of said presentments to the Ordinary of the said adjoining county; and it shall be the duty of the Ordinaries of each of said counties to forthwith notify and direct the County Surveyors of their respective counties to run off, mark, and define said county line, taking all due precaution to arrive at the true line.

SEC. II. Be it further enacted, That it shall be the duty of said County Surveyors to meet at some convenient place on said county line to be opened and agreed upon by them, and further run off, define and mark by suitable blazes or posts along said heretofore undefined or disputed line, and to make two plats of the same, one of which shall be filed and recorded in the Clerk's office of the Superior Court of each of said counties, and the line so surveyed shall then be known and established as the line between said counties.

SEC. III. Be it further enacted, That in case the County SurveyCounty sur- ors above mentioned cannot agree as to the said undefined or dis. puted line, then it shall be their duty to call in any competent Surveyor of either one of the counties mentioned, or any County Surveyor of an adjoining, or any other county they may agree upon, and the three Surveyors settle said disputed line, making a plat as required above, the same to be recorded in the manner above mentioned.

SEC. IV. Be it further enacted, That the fees of each of the Surveyors aforesaid shall be three dollars per day, to be drawn out

Declaring Toccoa River a Navigable Stream-To Improve Savannah River.

of the County Treasury of said counties, and the fees of the Surveyor Fees of surwho may be called in as umpire, to be paid one-half by each of the veyor. above mentioned counties whose lines are undefined and in dispute, and the time for which said Surveyors are to be paid shall include the time required in going to and returning home from the survey. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879.

DECLARING TOCCOA RIVER A NAVIGABLE STREAM.

No. 246.

An Act to declare the Toccoa River a navigable stream for certain purposes.

SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the Toccoa river, in Toccoa the county of Fannin, in said State, shall be, and the same is river made hereby, declared to be a navigable stream, so far as to authorize any person desiring so to do to float timber thereon.

SEC. II. And be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed.

Approved October 13, 1879.

navigable.

TO IMPROVE SAVANNAH RIVER.

No. 215.

An Act to provide for the improvement of the Savannah river.

WHEREAS, there is a public necessity that the channel of the Preamble. Savannah river, a navigable river in this State, shall be improved by straightening, widening and deepening the same, near, opposite, and within, the city of Savannah, in order that the said stream may be made more available and useful for the purpose of navigation and commerce a purpose which is common, useful, and of necessity to the whole people of the State of Georgia, And whereas for this purpose it is necessary to take and cut off portions of land from Hutchinson's Island and from Fig Island, making those portions a part of the bed of the stream; And, whereas the government of the United States has made appropriations of money for the purpose of accomplishing the work aforesaid, and its officers and agents are now ready to prosecute the work and to

To Improve Savannah River.

pay to the owners of the land so necessary to be taken a reasonable compensation for the same; Aud whereas, the said work will serve a public purpose both as to the United States and to the State of Georgia :

SECTION I. Be it enacted, That the agent of the United States Land, how and the Mayor of the city of Savannah shall mark out by metes designated and secured and bounds the land, so necessary to be taken as aforesaid for the purpose aforesaid, and advise the respective owners thereof. If said agent of the United States and the respective owners cannot agree upon the compensation to be paid the owner for the taking of the land, then the Governor of this State shall appoint one per son, the owner of the land another, and these two shall select a third person, which three persons shall constitute a commission to assess and determine the just and adequate compensation to be paid the owner. The said commissioners shall put their award in writing and file it in the Clerk's office of the Superior Court of Chatham county, giving to the owner, if possible, a copy of the award, who shall have the right, within five days after notice, if he is dissatisfied with the assessment, to enter an appeal to the Superior Court of said county, by filing an affidavit that he is dissatisfied, and that he believes the assessment is not just and adequate.

Appeals al lowed and

regulated.

The issues of fact involved shall be tried in said court by a jury as in other cases. The award so filed if no appeal, and the judg ment of the court, if there be an appeal, shall pass the title to the said land out of the said owner into the State of Georgia, upon the payment of the amount of the award or the judgment, as the case may be. Should the owner refuse to appoint a commissioner, When Ordi- or should the commissioner after selection refuse to act, or should

nary shall

appoint

commissioner.

Trial of appeal.

ceptions to

be filed.

the owner be a minor or other person laboring under disability, unless the guardian shall make the selection, the Ordinary of said county of Chatham shall select a person for him or them.

SEC. II. Be it further enacted, That should an appeal be entered as above provided for, the case shall be at once at issue and ready for trial in said court, whether the term be commenced or not. A Bill of ex- bill of exceptions may be tendered by the owner to the Judge of said court within three days after the trial, and not otherwise; which, if true, the Judge shall certify, within two days from date of the certificate of the Judge, the bill of exceptions shall be filed in the office of the Clerk of the Superior Court of said county, and the Clerk shall within three days make out a copy of the bill, and make a transcript of the record, and forward such transcript, with the original bill of exceptions, immediately to the Supreme Court. A copy of the bill of exceptions shall be served on the Mayor of the city of Savannah, within two days from the certificate of the Judge. The said cause shall be for trial in the Supreme Court as soon as the bill of exceptions is filed, and shall be taken upon motion of either the State or the owner of the land, to the exclusion of other cases. Should the owner move for a new trial,

When ready for trial.

To Improve Savannah River-Fines and Forfeitures: how Paid and Disbursed.

he shall do so within three days from the trial, and should he desire to except to the judgment on said motion, he shall do so and not otherwise, within two days after the judgment, by tendering his bill of exceptions, and all the provisions of this section, above specified, shall apply to a bill of exceptions so taken.

SEC. III. Be it further enacted, That should the Mayor of the Appeal by city of Savannah, not be satisfied with the award of the commis- mayor. missioners, an appeal may be taken in the name of the State, in the manner provided for the owner in the first section, by the Mayor filing an affidavit that he believes the compensation awarded is excessive. And should such appeal be entered, the time, manner and mode of trial, and of exceptions and trial in Supreme Court, provided for the owner in the preceding sections of this Act, shall apply, which proceedings the said Mayor is authorized to institute for and in behalf of the State.

Approved October 8, 1879.

FINES AND FORFEITURES-HOW PAID AND DISBURSED.

No. 291.

An Act to amend an Act to require the payment of moneys arising from fines and forfeitures into the County Treasury, and to regulate the disbursement of the same.

forfeitures

officers col

SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That sec-Fines and tion first of the above stated Act, which reads as follows-to-wit: appropriaThat the officers of the several courts of this State, including pros- tion of, by ecuting officers, shall pay into the County Treasury of the county lecting. where said courts are held, all moneys arising from fines and forfeitures, by them collected, and on failure to do so shall be subject to rule and attachment, as in cases of defaulting Sheriffs-be, and the same is hereby, amended, by adding thereto the following, towit: "But no such officer shall be required to pay into the Treasury, as aforesaid, any such moneys, until all the legal claims on such funds held and owned by said officers, bringing the money into court, and the costs due the Justices of the Peace and Constables in the particular case, by which the funds for distribution were brought into court, shall have been allowed and paid."

der order

dis

SEC. II. Be it further enacted by the authority aforesaid, That Fines, forall such fines and forfeitures be, at each term of the court, distrib-tributed unuted by the Solicitor under the order of the court, to such persons of court. and according to the priorities now prescribed by law, and on his failure to do so, he shall be subject to a rule at the instance of any party aggrieved.