an officer de facto, and his acts are valid when they con- cern the public or third persons who have an interest in them. Ibid.
Omitted in proper place—page 652.
1. In cases of felony, the civil remedy is suspended until the offender is prosecuted to conviction or acquittal. Neal vs. Farmer....... 555
2. African slavery held never to have existed in the Island of Great Britain by the Common Law, by Statute, or by the Laws of Na- tions. Ibid.
3. The Law of Villenage obsolete in England. Quere? Ibid.
4. If not obsolete, but of force in 1732, when the Colony of Georgia was settled: Held, that it had no application to African slavery in Eng- land or in Georgia. Ibid.
5. The Common Law of England held to be inapplicable to the institu- tion of slavery, except to protect the rights of masters. Ibid.
6. The slave trade held to be recognized as a lawful commerce, under the Law of Nations, and that law obligatory upon the States of the world, unless repudiated by treaty or positive law. Ibid.
7. Held, that by the comity of nations, when a slave escapes into, or is found within the jurisdiction of a State where slavery is not recogniz- ed, it is the duty of that State, upon the demand of his rightful owner, to deliver him to be taken back to the State where by law, he is a slave. Ibid.
8. The origin and character of property in slaves in this State defined. Ibid.
9. It is not felony in Georgia, by the Common Law, to kill a slave, and the only legal restraint upon the power of the master over the person of the slave in Georgia, is such as is imposed by Statute. Ib.
2. A Sheriff cannot purchase at his own sale, neither for himself nor as agent for another; such purchase is void. Harrison vs. McHenry.........
7. The commencement of the action and not the time of trial, is ordinarily the period at which mutual debts are to be set-off against each other.
Crawford, Gov. &c. vs. Howard and others.......
3. A Sheriff duly elected, but not having executed a bond according to law, within thirty days after his election, is
an officer de facto, and his acts are valid when they con- cern the public or third persons who have an interest in them. lbid.
4. The Sheriff and his sureties held liable on a voluntary bond, for the acts of his deputies, although it contains no stipulation to that effect: Held, that such a stipulation is not necessary to the validity of a Sheriff's bond, under our Statute. Ibid.
5. When a Sheriff has received money on a fi. fa. the Stat- ute of Limitations commences to run in his favor, from the time it was received. Thompson vs. The Central Bank......
6. A bond being taken and approved by the Justices of the Inferior Court, to protect the people of the County from the official misconduct of the Sheriff elect, it is not competent for these same Justices to discharge this obli- gation by the substitution of another bond, some thirty days thereafter; especially, where one of the three Justi- ces was a co-obligor in the first bond. Towns, Gov. &c. vs. Stephens and others.........
See Constables, 1. Practice Supr. Court, 7. Prison Bounds, 1. Sheriff's Sales, 2.
1. When by a special Act, the Sheriff is authorized to ad- vertise his sales in a paper published in the County, it is not necessary to advertise at three of the most public pla- ces in the County to make the sale legal. Mapp and another vs. Thompson.....
2. A Sheriff cannot purchase at his own sale, neither for himself nor as agent for another; such purchase is void. Harrison vs. McHenry.....
See Criminal Law, 7, 8, 9, 12, 13. Evidence, 21. Pat- rols, 1. Lim. of Actions, 18.
STATUTES, CONSTRUCTION OF.
1. The Legislature in a charter declare "that it shall not be lawful for any person or persons, at any time or times, to build any bridge, or keep any ferry on the river Great Ogeechee, within five miles either above or below (another bridge on the same stream :") Held, that the distance of five miles is to be measured by the course of the river. McLeod et al. vs. Burroughs......
2. Grants of exclusive privileges to corporations or individ- uals are to be strictly construed; and if the terms of the contract are ambiguous, the ambiguity must operate in favor of the public. Ibid.
3. A Statute of the State declaring of full force, all the or- dinances of a City, or other corporation, "in operation" at its date, does not embrace one which has beed judicial- ly pronounced by the Superior Court to be inoperative be- fore its passage. Allen, Ball & Co. vs. The Mayor, &c... 286
4. The phrase "in operation," defined. Ibid.
5. Grants from the Legislature to a company, in derogation of common right, are to be strictly construed. The Jus- tices &c. vs. The Griffin, &c. Plankroad Company............ 475
See Constitutional Law. Grants, 1 to 5. Patrols, 1. Plank- roads.
See Bail, 1. Bond, 1. Claim, 2. Sheriff, 2, 4.
1. It is a condition precedent before a County Treasurer can enter upon the duties of his office, that he should give bond and security, and not having done so, he does not legally hold the office. Foster vs. The Justices, &c......... 185 2. Before the Inferior Court can issue execution against a County Treasurer, for a balance in his hands, ten days' notice is required by Statute to be given him; and the order of the Court under which the fi. fa. is issued, must show that such notice has been given. Ibid.
3. If the order is passed but not entered by the Clerk, it is competent for the Court to place it on the minutes nunc pro tunc. Ibid.
4. It is not competent for a County Treasurer to resist the payment of a debt, directed by the proper authority to be discharged out of the public funds, set apart in his hands for that purpose, upon the ground that he had been noti- fied that the holder thereof was not the rightful owner of the property upon the valuation of which the certificate had issued. The State ex rel. Strange vs Bell......
5. When the Legislature declares that the certificate of cer- tain commissioners, certifying that a particular sum of money is due an individual in consequence of the de- preciation of his property by the removal of a County site, shall become a debt against the County Treasurer of such County, no order of the Inferior Court is necessa- ry to authorize the County Treasurer to pay it. Bell, Treasurer, vs. The State ex rel. Strange.....
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