two sufficient sureties to the mayor and aldermen of the city of Savannah, in such sums as the mayor or such person so legally authorized as aforesaid, may think proper, not exceeding $300 for each passenger, to indemnify and save harmless the said mayor and aldermen, and the commissioners of the poor-house and hospital, and their successors, from all and every expense and charge which shall or may be incurred for the maintenance and support of any such person so introduced, and for the maintenance and support of the child or children of any such person which may be born after such importation, in case such person so imported, or any such child or children, shall at any time within six months after the said importation become chargeable to said city; and if such person so brought as aforesaid, and not being a citizen of the Penalty for United States, shall be permitted or suffered to land within the said failure. city from any such ship or vessel, before such bond shall have been given, and without a permission in writing from the said mayor, or person so legally authorized as aforesaid, the master or commander of such ship or vessel shall be subject to the penalty of $300 for every person so suffered or permitted to land as aforesaid. to evade this 19. Sec. III. If any person who may have been a passenger in any Penalty for such ship or vessel, and not being a citizen of the United States, shall landing them be suffered to land from such ship or vessel at any place within the act. distance of fifty miles from the said city, with intent to proceed to the said city, otherwise than in the said ship or vessel, the master or commander thereof shall be liable to the like penalty of $300 for every such person so suffered or permitted to land. be made by of any in their houses. 20. Sec. IV. If any householder in said city shall knowingly en- Report must tertain in his house or family, any alien so landed as aforesaid, and householders shall not report such alien to the said mayor, or in case of his sickness or absence, any person legally authorized to officiate in his place, within the twenty-four hours after such entertainment commences, he or she shall forfeit and pay the sum of $50 for every such alien so entertained. how recover 21. Sec. V. All and singular the said penalties and forfeitures Penalties, arising in said city, shall and may be sued for and be recovered with ed and applifull costs of suit by action of debt, in the superior court of this State, ed. in the name of the said mayor and aldermen, and when recovered by them shall be applied towards the support of the poor of the said city, and the defendant in every such suit shall be held to special bail, and upon every such trial for any penalty or forfeiture supposed to be in- Burthen of curred by the landing of any such persons as aforesaid within the said proof. city, the same landing shall be presumed unless the defendant shall prove that the said person was taken or sent to some foreign country without having been suffered to land as aforesaid. pounded. 22. Sec. VI. It shall be lawful for the said mayor and aldermen to Penalties compound for the said penalties and forfeitures, or any of them, either may be combefore or after suing for the same, upon such terms as the circumstances of the defendant or of the case may in their judgment require. vessel liable 23. Sec. VII. Every ship or vessel from which such aliens shall The ship or have been so landed without permission in writing from the said mayor for penalties. or person so legally authorized as aforesaid in his place, shall be liable for the said penalties, and may be proceeded against by attachment or any other mode in similar cases allowed by law, unless the owner thereof or their agents shall give bond with sufficient sureties to the sheriff or his deputy, in the name of the mayor and aldermen, for the payment of the said penalties and every of them which may have been incurred during or since the last voyage of the said ship or vessel, or for paying the value of such ship or vessel towards the satisfaction of All health laws for Savannah Darien. such penalties as may have been so incurred by suffering any alien to land as aforesaid, and such value shall be ascertained by the wardens of the port of Savannah, or any two of them. Sec. VIII. [Advertising the act before it goes into operation.Temporary.] An Act to extend to the city and port of Darien, all the Health and Quarantine laws now in force, relating, and applicable to the city of Savannah.-Approved Dec. 14, 1830. Pam. 209. 24. From and after the passing of this act, all acts and parts of acts, and laws of this State, which have been passed, to regulate the extended to quarantine and other health laws, in, to, or for the city of Savannah, shall, and they are hereby declared to be in full force and effect, in the city and port of Darien, and the waters attached thereto, as much as if the same were expressly named herein. And the most full and ample references shall be made to them, to and for the use of the city of Darien, and to protect its health, under the direction and supervisal of the mayor and aldermen of the said city of Darien, agreeable to any ordinance that they may pass: Provided, the same does not contravene, or impugn the constitution of this State. Physicians in Savannah concealing small pox, &c. may be prisoned. An Act to authorize the punishment of persons, concealing the existence of Small Por, or certain other contagious diseases.—Approved Dec. 22, 1830. Pam. 158. 25. From and immediately after the passage of this act, any physician or other person or persons, who shall be knowing to the existence of any case of plague, small pox, varioloid, and their modifications, fined and im- within the city of Savannah, or in its vicinity, and so knowing shall wilfully conceal the same, or who shall not immediately and promptly give information thereof to the health officer of said city, or to the chairman of the board of health, he, she or they shall be indicted for the same, and upon conviction, shall be subject to imprisonment not exceeding twelve months, in the common jail, and a fine of not exceeding $500, both at the discretion of the court. Preamble. Corporation may purchase land for a lazaretto. Sec. II. [Repeals all repugnant laws.] An Act to empower the Mayor and Aldermen of the City of Savannah and hamlets thereof, to purchase land for the erection of a Lazaretto, and give them jurisdiction over the same.-Approved Dec. 26, 1831. Pam. 245. 26. Whereas, the preventing the propagation and spreading of small-pox and other contagious diseases, is a subject of deep interest to the State generally, and that any expense incurred, should be borne by the citizens at large; and whereas, the said disease and others of a contagious character are more liable to occur in the principal seaport of the State, than in any other section, whereby the commerce and intercourse with other sections thereof, may be greatly impaired, and soon destroyed, to the injury and detriment of the citizens, and the revenue of the State: for remedy whereof, Be it enacted, &c. That from and after the passing of this act, it of Savannah shall and may be lawful for the mayor and aldermen of the city of Savannah, and the hamlets thereof, to purchase for the use of said city, as much land in the county of Chatham as may be deemed by them necessary for the erection of a Lazaretto, or suitable building, wherein persons infected with, or laboring under small-pox or any contagious disease, shall be detained and kept, in pursuance of the quarantine laws of this State, until relieved or permitted to leave the same by the mayor and aldermen aforesaid—and that the said mayor and aldermen shall have the same powers and like jurisdiction over the land so purchased, as they now have within the jurisdictional limits of the city of Savannah, as at present limited, so long as the same shall be used for the purposes herein contemplated. [For the act authorizing the appointment of a health officer of Savannah, see Shipping and Pilotage.] An Act, for the relief of the Counties of Muscogee and Talbot, and the City of Columbus, and to amend and explain an act entitled an act, to oblige vessels and persons coming from places infected with epidemical diseases, to perform quarantine, and to prevent bringing in, and spreading malignant and contagious disorders in this State, passed 14th Dec. 1793.-Approved Dec. 29, 1836. Pam. 181. corporations provide for 27. Sec. I. The justices of the inferior court of any county, or the Inferior corporate authorities of any city in this State, within the limits of courts and which any infectious disease may appear, are, and they are hereby authorized to authorized and empowered to provide a suitable temporary hospital for the sick, and the afflicted, to furnish them with subsistence, medicine and and they are hereby further authorized, to provide a guard to prevent infection. the communication with others of the sick, and their attendants, and to order the destruction of infected clothing, and also the interment of the dead. nurses, prevent the spreading of to pay all 28. Sec. II. His excellency the governor, be, and he is hereby The governor authorized and requested to pay all accounts of reasonable expenses reasonable incurred by the several counties and cities in this State, in carrying accounts for those objects. into effect, the provisions of the foregoing section: Provided, that such accounts be certified by a majority of the justices of the inferior court of the county or corporate authorities of any city or town in which said expenses may have been incurred, to be reasonable and correct. Sec. III. [Repeals all acts militating with this.] The report of a committee, adopted the 4th, and approved the 6th of Dec. 1834, [Pam. 308,] recognizes the obligation on the part of the State to defray the expenses incident to excluding, or arresting the spread of contagious diseases. The sum of $1,511 is allowed for reimbursing to Savannah certain expenses of enforcing the quarantine laws, and $15,000 for the erection of a Lazaretto at that place the gov ernor is requested to cause to be distributed vaccine matter among the physicians of Coweta county where the small-pox had lately been carried from Savannah, and Resolved, That the justices of the inferior court of Coweta, and also of any other county in which the disease may appear, be, and they are hereby authorized and empowered to provide a temporary hospital, to which to remove all who have been or may be infected by small-pox, and to employ suitable attendants and a guard to prevent the communication of the sick and their attendants with others, the expense of which shall be paid from the treasury of the State on the warrant of the governor. Resolved, That should the aforesaid disease make its appearance in an adjoining State, immediately on or near the line of any county in this State, the inferior court of said county is hereby authorized to employ a suitable guard, and to take such precautionary measures as they may deem best calculated to prevent its extension into this State. Appropriation of $12,177 among various towns and counties for expenses incurred in preventing the small-pox contagion, 1836, pam. 29, 30. 278 Unlawful to prevent by threats, or any Indian from enroll ing as an emigrant, &c. INDIANS. An Act to protect the frontier settlements of this State from the intrusion of the An Act to add the territory lying within the limits of this State, and occupied by the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinnett, Hall, and Habersham; and to extend the laws of this State over the same; and for other purposes.-Approved Dec. 20, 1828. Vol. IV. 198. [Re-enacted with amendments, by the next in order.] An Act to add the territory lying within the chartered limits of Georgia, and now in the occupancy of the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinnett, Hall, and Habersham; and to extend the laws of this State over the same; and to annul all laws and ordinances made by the Cherokee Nation of Indians; and to provide for the compensation of officers serving legal process in said territory; and to regulate the testimony of Indians; and to repeal the ninth section of the Act of 1828 upon this subject.-Approved Dec. 19, 1829. Vol. IV. 198. [Sec. I. to VI. inclusive, annexing that territory to the adjoining counties, and Sec. XIV. superseded by the organization of that territory. Sec. VII. abrogating the Indian laws, is more fully carried out by the Act of 1830.] 1. Sec. VIII. It shall not be lawful for any person or body of persons, by arbitrary power, or by virtue of any pretended rule, ordinance, other means, law, or custom of said Cherokee nation, to prevent by threats, menaces, or other means, to endeavor to prevent any Indian of said nation, residing within the chartered limits of this State, from enrolling as an emigrant, or actually emigrating or removing from said nation; nor shall it be lawful for any person or body of persons, by arbitrary power, or by virtue of any pretended rule, ordinance, law, or custom of said nation, to punish in any manner, or to molest either the person or property, or to abridge the rights and privileges of any Indian, for enrolling his or her name as an emigrant, or for emigrating or intending to emigrate from said nation. Persons offending, guilty of a 2. Sec. IX. Any person or body of persons offending against the provisions of the foregoing section shall be guilty of a high misdehigh misdemeanor, subject to indictment, and, on conviction, shall be punished meanor. Not lawful to prevent any man from ceding the Indian head territory, &c. by confinement in the common jail of any county of this State, or by confinement at hard labor in the penitentiary, for a term not exceeding four years, at the discretion of the court. 3. Sec. X. It shall not be lawful for any person or body of persons, by arbitrary power, or under color of any pretended rule, ordinance, law, or custom of said nation, to prevent, or offer to prevent or deter any Indian, head man, chief, or warrior of said nation, residing within the chartered limits of this State, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or to prevent, or offer to prevent any Indian, head man, chief, or warrior of said nation, residing as aforesaid, from meeting in council or treaty any commissioner or commissioners on the part of the United States, for any purpose whatever. 4. Sec. XI. Any person or body of persons offending against the Penitentiary provisions of the foregoing section, shall be guilty of a high misde- confinement. meanor, subject to indictment, and, on conviction, shall be confined at hard labor in the penitentiary for not less than four, nor longer than six years, at the discretion of the court. to prevent ordi- emigration. 5. Sec. XII. It shall not be lawful for any person or body of per- Not lawful sons, by arbitrary force, or under color of any pretended rules, nances, law, or custom of said nation, to take the life of any Indian residing as aforesaid for enlisting as an emigrant, attempting to emigrate, ceding, or attempting to cede, as aforesaid, the whole or any part of said territory, or meeting, or attempting to meet in treaty or in council as aforesaid any commissioner or commissioners as aforesaid; and any person, or body of persons, offending against the provisions of Punishment. this section, shall be guilty of murder, subject to indictment, and, on conviction, shall suffer death by hanging. cipals. 6. Sec. XIII. Should any of the foregoing offences be committed All persons under color of any pretended rules, ordinance, custom, or law of said liable as prinnation, all persons acting therein, either as individuals or as pretended executive, ministerial, or judicial officers, shall be deemed and considered as principals, and subject to the pains and penalties herein before prescribed. deemed a 7. Sec. XV. No Indian, or descendant of any Indian, residing No Indian within the Creek or Cherokee nations of Indians, shall be deemed a competent competent witness in any court of this State to which a white person witness, &c. may be a party, except such white person resides within the said nation. An Act to prevent the exercise of assumed and arbitrary power, by all persons under pretext of authority from the Cherokee Indians, and their laws, and to prevent white persons from residing within that part of the chartered limits of Georgia, occupied by the Cherokee Indians, and to provide a guard for the protection of the gold mines, and to enforce the laws of the State within the aforesaid territory.-Approved Dec. 22d, 1830. Pam. 114. Cherokee 8. After the first day of February, 1831, it shall not be lawful for Chiefs shall any person, or persons, under color or pretence, of authority from said not convene Cherokee tribe, or as head men, chiefs, or warriors of said tribe, to council. cause or procure by any means the assembling of any council, or other pretended legislative body of the said Indians, or others living among them, for the purpose of legislating, (or for any other purpose whatever.) And persons offending against the provisions of this section, shall be guilty of a high misdemeanor, and subject to indictment therefor, and on conviction, shall be punished by confinement at hard labor in the penitentiary for the space of four years. not assemble. 9. Sec. II. After the time aforesaid, it shall not be lawful for any People shall person or persons under pretext of authority from the Cherokee tribe, or as representatives, chiefs, head men, or warriors of said tribe, to meet, or assemble as a council, assembly, convention, or in any other capacity, for the purpose of making laws, orders or regulations for said. tribe. And all persons offending against the provisions of this section, shall be guilty of a high misdemeanor and subject to an indictment, and on conviction thereof, shall undergo an imprisonment in the penitentiary at hard labor for the space of four years. courts shall 10. Sec. III. After the time aforesaid, it shall not be lawful for Cherokee any person or persons, under color, or by authority, of the Cherokee not sit. tribe, or any of its laws or regulations, to hold any court or tribunal whatever, for the purpose of hearing and determining causes, either |