By withholding his consent, the person applied to, might in many instances prevent the recovery and enjoyment of lands by the rightful owner, or might make his consent a means of extortion or speculation. The only good which can be accomplished by this act, is the prohibition of the several persons, whose names may be used as lessors, from the payment of costs in suits in which they have no immediate interests. This can be as well accomplished by simply requiring plaintiffs to file with their writs of ejecment a bond of indemnity to their several lessors to save them from costs. No evil, hardship or injustice having resulted to the true owners of land from the practice of the law as it has been administered heretofore, I was unwilling to see an innovation upon a practice which has been so long acquiesced in by our citizens, and had received by its general use the sanction and approbation of our ablest jurists.
Upon motion of Mr. Jones, the messages were laid upon the table.
On motion of Mr. Walker of Richmond, the order was further suspended, and the House took up the report on the bill of the Senate to amend the ninth section of the third article of the Constitution of the State of Georgia.
It being a constitutional question, the yeas and nays were required to be recorded, and are yeas 119; nays 2.
Those who voted in the affirmative, are Messrs.
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Adams, |
Digby, |
Harrison, |
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