Page:Journal of the House of Representatives of the State of Georgia 1849.djvu/34

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31

fully administered, which is greatly conducive to the peace, good order, and moral advancement of society. In view, however, of the increasing labor that is likely to devolve upon the Court, it may well be considered whether the interests of parties, as well as justice to the Judges, do not suggest the propriety of diminishing the number of places, at which it is now necessary to hold the Court, to the number prescribed in the Constitution—and thereby convert the time now occupied in travelling to different points, to the more desirable object of investigating and deciding complicated and grave questions of law.

The law setting apart the second Monday in January biennially for the election of clerks of the Court of Ordinary, has been productive of inconvenience in practice, and, in some instances, given rise to embarrassing questions for the decision of the Executive, ft is obvious that every 4th year, when the Justices of the Inferior Court are elected, they may, in counties lying contiguous to the seat of government, be qualified under the law to enter upon the duties of their office on or before the second Monday of January, and would therefore, it is believed, have the sole power of electing the clerk of the Court of Ordinary, while justices in counties remote from the seat of government, would be less likely to be qualified, and the duty of electing the clerk might devolve on the old court.

The rule should be uniform throughout the State, and a day fixed in February or March, that would secure to the new Court the election of its clerk; or what would be still more desirable, this election should be referred directly to the people, as in the case of the clerks of the Superior and Inferior Courts.

From a communication, directed to me by George L. Deming, Secretary and Treasurer of the Board of Commissioners appointed under the authority of an act of the General Assembly, passed in 1836, appropriating $10,000 for the improvement of the navigation of the Oconee river, it appears that there is an unexpended balance in his hands of $2,289 39, which he proposes to return to the Treasury, upon the passage of a law, or joint resolution, directing him to do so. I recommend, with great pleasure, prompt action by you in accordance with the proposition of the said Secretary and Treasurer—a copy of whose communication, accompanied by an account current, is herewith laid before you.

The necessity for a new and revised Digest of the Statute laws of this State, combining method in the arrangement of the subjects with accuracy, has been long felt; a work of this character is not only desirable but absolutely necessary. The labor of executing this task has been undertaken by Thomas R.R. Cobb, Esq. It is proposed to