PERKINS LIBRARY Dulce University Kare Dooks / ' / # v. ' vm^manFsmn^mmm ■ ... ■■ _ u • , j ■»' . ' . ■f .- y «*" ' — *-T«"-^ L A W S OF (. E K G I A , PASSED IN \ • I E H B fi 11 , I S 6 J , AM) KKBRlTlRV 41D M\RIH, I8M. I m : A CTS OF THE GENERAL ASSEMBLY ■ THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT AS ANNUAL SESSION I IN MYEMBER, 18G1 : ALSO, • EXTRA SESSION OF 1865, IT MAfOX. II Ml I M||| |> H\ U1HOKITV MILLEDGEVILLE . BOCOHTOy, SISMtT, BARNE8 * MOOBX, DTAT1 PRINTERS ■?. TABLE OF TITLES, DIVISIONS, &C. PART I. PIUL3C LAWS Title I.— APPROPRIATIONS. « II— BANKS. - III.— DISTILLATION. - IV.— INSURANCE COMPANIES. » V.— JUDICIARY. « VI.— RELIEF. » VII.— REVENUE. •< VIIL— STATE DEFENCE. » IX.— TAXES. PART II. PRIVATE AND LOCAL LAWS. ITIES. •■ II— COUNTY LINES. " III.— ROADS. STATUTES OF GKORGIA, PASSED J1V Till'. GENERAL ASSEMBLY OF 1864. PART I.— PI BLIC LAWS. TITLE I. Al'PKOPKlATIONN. s [. . On«; million dollars fur Military Kund. 10. Guard of State Magazine. Military Store Keeper. ropayBei irding Clerk of Executive 1 department, 13. Stationery for Executive D meet. 10. To pay S< cretarj of State for fuel, i othei oontiogi i • >0. Support of State Lunatit Asylum. '.M . [neututefor Blind. ■.'■.'. To M. J. Whitlock for be< I foi <:.». M ilil I Lute . To .1 . S. Inniao, for lard for State Military Institute. ..; ( lovertat.r may issui Stal notes i" n, ri i any deficiency. How ami when redeemable. ite Treasury notes and changi tn be b 11 in d =' u redeemed, everj ; n o mom I..-. Govemoi i" dnra warrrata in favoi . rer foi ajnounl burn* .:, One and a lia if millions appropriated fo| expoi ' on, lo |>i . army supplies; pay interest on foreign H ate ' ■ - iu!i\ pur- • tela, Jim! il .. iiiiiun for payment. General power. .1 !': .;. ofni nil. TjilHin <■! 1! • I! to pay s. t r \\ l. Griei •iml l» l(«-u
poMti»g a joint committee to examine the condition oj the Penitentiary, and report thereon. Resolved, That a joint committee of two on the part of the Sen- Jolut Ccirr,- j I i o r> t~i u.\x\.-^ vv incite, and three on the part or the House of Representatives, be an- ted to PXrnni- . . , . ..... l . ,\. . . IT.- . . « me ivniten- pointed to visit M^iedgev iile, and examine tlie Penitentiary, in or- der to form a corr^gt opinion as to the policy of rebuilding, or abolishing the Penrtent^ry system ; and to report as soon as prac- ticable. Approved TBebruary 24th, 1SG5. (No. 28.) 1st. Resolved, That His Excellency the Governor be, and he is aov«u.,r «.,- hereby authorized, to sell at public outcry, or in such other way itii r ai I',',,-. as W 'M hi his judgment be for the best interest of the State, all the I;;,,. surplus brick, afid sqrap iron, and other material in the Penitentia- Ibom a iw IT' belonging to the Stat*; arid to use the money raised in pay- ld ment of the debts now due by the Penitentiary, and in making such repairs as may ifc" necessary to afford accomodation, and work shops for the cojyricts now there, and such as may hereafter be re- ceived under sentei^es of any of the Superior Courts of this State. 2d. Resolved, That the repairs and improvements recommended, -and such others as the Governor may hereafter find necessary for the successful operation of the Penitentiary, be made. And that the abolition of the l^nitentiary system be left to the sound dis- cretion and wisdom of future Legislation. Assented to March 4th, lgG5. p»; r* RESOLUTIONS. 91 Committee to invest igrti y Oeneral and Quartern (No. 39.) Resolutions appointing n joint, committee o/bofft branches of the (ifiicral Assembly, to investigate the affairs of the Commissary ■ General u Quartermaster General of this iState. Whereas; The following charges have been made against the Commissary General, to-wit : "Selling 765 sacks Liverpool salt, that had been seized from the people of Georgia, for the relief of soldiers' families, to his own " purchasing Commissary at $30 per sack, when it was worth on ttie market SI 00 per sack ;— Selling 175 barrells molasses at 90 cents per gallon, when worth SI 90 to the same party, and two hundred barrels of the said molasses were sold in a very short time lor SI 90 per gallon; — Selling to the same, 20,000 lbs. soap at 2S that was worth at least $1 00;— the greatest waste and extrava- gance; the immense losses by some of the .storekeepers, after hjM^feElr?' 5 fog been allowed regular wastage j— Sale pf Commissary stores to^ State officers and others to an immense amount at merely nominal prices ; the Commissary General drawing any amount of store, for his own individual purposes, at the smallest kind of prices. (Bombproof.) Having Assistant Commissaries, -Clerks and. Agents, numbering from ;3-"> to 40, and nearly all within the con- script age; and that ten persons could do all the business ol the Department, putting the State to an annual expense oT $100,000, with no troops to feed; That the Commissary Gfen'l spends near- ill of his time in Atlanta, and does not give his personal- atten- tion to the Department ; That this Department costs the State of rgia, Iwice as much and more, than any Confederate Depart- ment employing the same number, and not half the work dune — How % checks have been drawn of the State money for individual purposes.;' ?ned) <;. ( '. NOKToX. romissary Gen'l of Georgia, has requested an investigation ol me. '/' be it Resolved, That a Committee ol three from Che,* »e ihid two from the Senate, be appointed to examine I • ; .s and papers of the Commissary Gen'l, with authority t<> Beud for persons and papers, and reporl the result ot said mv< to the next General Assembly, and th.it the members of said com-»'"""' ,l " ,; ' mittee, receive the same per diem pay and milage, ol members ol the General Assembly. Ibeitfurtl ■ /. That said committee have full power to Hive rs, connected with tl . together with the Books, papers, m ind conduct *m of all connected with said office. d to .March S. I = A RESOLUTIONS. Establishing Df h l-i.-k.-i Line, &c— Treasurer authorial to feut au office in Macon. (No. 30.) Resolution, in relation to the e*tablish*ment ofapubt lifte, fyc. Wkr.REAi, a great many slaves are coiistantly escaping to the enemy id Savannah, from the counties especially through which the Army of the enemy passed ; and whereas, the Confederate States Government have removed the military force heretofore stationed above Savannah, thus leaving the way to the enemy open to the unobstructed escape of the slaves : Resolved, That the Governor of this State be authorized and re- men a t b o t e pi,k- quired to establish a line of mounted pickets, of such number and *t line, to - present p.* State Treai urer authoi ized to rent an office iu Micjn. at such points, as he may deem sufficient for the purpose of arrest- jijfr or .lares j n g an< j preventing the escape of slaves to the enemy. Resolved further, That the Governor bp, and he is hereby author- ized, to organize a Battalion of cavalry, for the purpose above mentioned, to be composed of such men in this State, as will vol- unteer to mount and equip themselves for the purpose. Asfcnted to March 11 th, 1S65. (No. 31,) Resolved by the General Assembly That the Treasurer be author- ized to rent iu the city of Macon,' a suitable office in which to trans- mit the business of his office, and to deposit the funds of the State which he may receive during the present session. Assented to Fob. 2Sttj, 1 §65. (No. 32.) Whereas, under the Statue of Georgia, fixing the per diem pay of members of the Legislature at six dollars per day. it was intend- ed that each member should receive the same in gold or silver coin, or its equivalent in paper money at par; And whereas, it^'is* represented that the gold and silver is' not in the Treasury to pay the members : Be it therefore Resolved, That we the members release tivo dollars 8 of our per diem pay, and receive the other one dollar in gold or silver, or its equivalent in Treasury notes ot the State of Georgia, or its equivalent in the new issue of Confederate money ; it to be estimated at the rate of thirty to one. Resolved farther, that the officers of this General Assembly be requested to relinquish five-sixths of the amount appropriated for their pay, and receive the other one-sixth, in gold or silver, or its equivalent in Georgia Treasury Notes, or its equivalent in the new issue of the Confederate money; it to be estimated at the rate of thirty to one. . Assented to March 4th, 1865. la referene to pay ol members and offieern •f General Assymbly RESOLUTIONS. 93 Cotten'CarcLi.— Trori ot Maoon te Brunswick Railroad. — Diptrihnttaii■ Assented to March 6th, \ < 0'>. (No. 34.) Resolution requesting t/ie cftUkorities to msjoend the- order to take the iron from the Macon \ Brunswick Rail Road. The Macon & Brunswick Rail Read haying become by reason of the location, and the injuries inflicted by the public enemy upon two other Rail Roads terminating at this place, ofeuch importance ^ ■ to the City and the country, that in the judgment of this General Assembly, the removal of-its iron as is ordered, would cause loss io the public interest, great inconvenience to th.e citizens, and suil- • ■riiiu to the destituteand dependent in this City and neighborhood, a-ud'could be justitied»only * the Orphan children of the Union Society; and that he draw his g£J°&?' tv warrant in favor of Honorable Thomas Purse, who is the authorized s". i rt V lT " f i,n agent for said Institution. Assented to March 11th, 1S6-5. (No. 37.)' A Resolution asking our Senators and Representatives in Congress to "use their influence to have a mail route established from. Quitman, in Bro@Jcs county, through the county of Colquitt, to the city of Albany in Do ugh e rty coun ty . Whereas, the people of Colquitt county, in this State, are al- most altogether deprived of mail facilities, there being but one .short mail route about six miles long in said county: Therefore be it resolved, That our Senators and Representatives ttaii t.,uu- m Congress be instructed to use their influence to procure the es- ;.fi '"""' : tablishment of a mail route from Quitman, in Brooks county, by the way of Tallokas in said county, James Robinson's and the town of Moultrie in Colquitt county, to the city of Albany, in Dougherty county, in this State. And be it further resolved, That the Governor of this State be requested -to furnish our Senators and Representatives in Congress with a eppy of these resolutions. Assented to March 11, 18G5. (No, 38.)' Resolved, That His Excellency the Governor be, and he is here- by authorized and requested to purchase, and cause to be sent by jteHJurt c,r mail, as soon as published, one copy of Waters' Pamphlet of the totaniiir Public Laws of the late regular and present called session, to . 1 n,Ii each member of this General Assembly; one copy to each Judge of the Supreme and Superior Courts; one copy to each of the . Clerks of the Supreme, Superior and Inferior Courts, and one to be p.i.i copy to each Ordinary and 'Attorney and Solicitor General ; and l^yZi'; 1 "that the Governor pay for the same at five dollars per copy out of the Contingent Fund; Provided, the same be • published and Ikovisu. mailed within fifteen days after the adjournment of the Legisla- ture. Assented to March 7, 1865. _.»all APPENDIX. CHANGES I x t h ; : CODE OF GEORGIA. TABLE OF TITLES. TITLE I.— CORPORATIONS. 1 [.—DIVORCES, ill— EDUCATION. IV.— ELECTIONS. V.— KXIIS.. ADMRS., &C. . VI.— INCORPORATE >$$. VII.— JUDICIARY. VIII.— MARRIAGES. IX.— MILITIA. X.— PENAL CODE. XL- ROADS. XII.— SLAVES. XI II.— TAXES. APPENDIX CHANGES IN A Resolution directing iltc Compiler of the .Jets -passed at this Session* to annex to his compilation, a iwmoran.jliim, shoicing tin changes made in the Code of GeSrgut: Resolved bij the (.xeueral Assembly, That the Compiler of the. Acts passed at this Session, be required to annex a, full memorandum to the compilation, showing the changes made in the revised Code of Georgia, by any acts pas- sed by any .subsequent Legislature, since the adoption of the Code. Assented to March 0; 1 80S. Pursuant to the requirement in fclie e>rVgnhig Resolution, I have made strict < xamiuution,for all chan getjin the Code, either by amendment 01 repeal, Mti hilsl thus suspended, as' well us since, various changes were, and have been made. It is probable that iua few instances alterations or changes by gen- era) legislation, have been wa\le without any reference in the Acts, to the Sections changed. Only such are embraced, in this Appendix, where the Sections changed, are specified by number or otherwise. For easy reference, these various.subject,'ijfiutters of legislation have been classified under appropriate heads. In every case, the whole Act chaiigicg any ■<< : of thi I .'ode is.given with such notes as will explain hew | the law now stands. ' COMPILE!! TITLE !. COKPORATIOXS. An Act to amend the 1630M section of the retired Code afthor/rmi anil jor biker purposes. Section I. T7»e Genetat Assembly oftlu Stat.' of Georgia d<> mart. That, that portion of the second paragraph which follows the worded ''location' 1 shall be stricken out, and the remainder of said para-™".^; eraph shall be as follows : The Clerk of said Court, shall ntace be-i"^? '•'"* lore the Judge ot the Superior Court of the county, afihe next;":"' terra after the expiration of said advertisement, 4 Copy of said dec- laration,ni)d affidavit, and certificate of publication: and if ihe p,»... Court be satisfied that the application is legitimately within the purview and intention of this Code, it shall pass an order declar- ing the said application granted, and a certified copy of said dec- laration, affidavit, certificate of publication and order, shall be held and received as evidence ol the charter of Said corporation in any Court in this State. SEC II' Be it further enacted, That, in any. cases in which par- ties have made efforts to obtain a charter under said section of the A Code, that they be allowed to have such declaration, affidavit and certificate filed, and such order taken at the next term of the Supe- rior Court of their respective counties, succeeding the passage of this Act. Sec. III. Be it further enacted, That this Act shall g. \ct amendatory of the 9488 and 2490 sections of the Code of Geor- Sec. L Tke s General Assembly of Georgia do enact* That it shall and may be optional with Executors ami Administrators, in mak-|£ " ** ing their returns, to attach copies of their vouchers, as provided in Mn, »* < A the aforesaid section; or to file with said returns the original vouchers, with the Ordinary, which shall remain in said Ordina- ry's office, for the space ol thirty days, and after remaining said tiirle, shall be recorded with said return, and when so recorded, shall be returned to Said Executor or Administrator on demand for the same. Skc. II. Be UJurlher enacted. That this act shall go into effect ^J^cuC immediately after its a^uoval by the Governor.* mc4-t<*j. ;. III. Repeals conflicting laws. Assented to April ISth, 1SG0. "Tii<- ' led, made it compulsory on Kxr'*, Adtn're, &.c, to allow .lieir vouchers to i.r\'s Office. Tide amendment nakes it optional, whether the vouchers shall tp i ornot. and gives the privilege of withdrawing than Sfi!!. all von -h''n: inu»t be full and explicit as required by the irded. TITLE VI. INCORPORATIONS. In A:: to so a Co Ic of Georgia thai the provisions of tons 1792 amd 4793 t pty to, and be o) m the City of Columbn . allowing judgment entered a* in case of appeal* Section- I. Be it enacted, That from and after the passage of his Act. thai all the provisions of sections 1792 and 4793, of the££ £*c! Code of Georgia, apply to, and be of force in the City ofCotumbot, vmtmi * Provided, that in all case-s where judgment i9 given against the tenant, it sh:tl! be entered as incase of appeal.* Bfec. II. Kopeals conflicting laws. Absented to March 7th, 181 o thxripht* if landlords . »• :« (afl to pay or \" M^rpnrreivioti, and the remedial Is 'twb (MW. 1$% CHANGES IN CODE.— Jiimcury. - 4* w£ V&Btcslti Code repeiled.— Sen. 9017 rc-pe»';ed in part.-Htoos. 28», '0.40, B51S and Ml * TITLK VII. JUDICIARY. .4a Act to repeal the third and twelfth section* of the Code of Georgia? relative to thr construction of statutes. SECTION I. 'lite General Assembly of the State of Georgia do SLj"ic*«*tt«c*i That from and after the passage of this Act, the third and **••»)<*. twelfth sections of the Code of Georgia be, and the same are here- by repealed. Sec. II. Repeals conflicting laws. Assented to Dec, 14th, 1863. "The third section ofthe Code, repealed by (he foregoing Act, provided that all Acts passed 1)3' the General Assembly, unless otherwise declared in Bach Acts, should take effect from the tirrt day of July next succeeding their passage. The twelfth section, also hereby repealed, provided that the repeal of a repealing Act ohall not' be construed to revive the former Act, unless Mich appears to have been manifestly the intention of the General Assembly. An Act, to repeal that portion of the tiro thousand (wo hundred and eigh- ty-seventh section of the Code of Georgia, an prohibits the creation of trusts for male persons of sane mind. SECTION 1. The General Assembly of Georgia do enact, That from *ec. Jan «• and after the passage of this Act, that portion ofthe two thousand £rt W in two hundred and eighty-seventh (22S7) section of the Code of Georgia, as prohibits the creation of trusts, express or implied, in any property, for any male person of sane mind, be, and the sftaie is hereby repealed.* Sec. II. Repeals conflicting laws. Assented to Dec. 14th, 1963. "^Trusts for male persons of sane mind may now be rivaled. An Ad, to repeal so much ofthe 2501),//, 2510th, 2512th and. 3618$ sections ofthe Code of Georgia*, as requires three months' notice to be o-iven in a public Gazette of an application for titles upon bonds of de- ceased persons, and to provide for the trial of such cases, when objec- tions arc filed, and to provide for the payment of costs in such cases. Section I. The General Assembly do enact, That from and after rttuei. f -the passage of this Act, so much of the 2509, 2510, 2512, and """* 3618, sections ofthe Code of Georgia, as requires notice to be giv- en to all persons concerned, by publication in a Gazette, of appli- cation for an order requiring titles to be made by the legal repre- sentatives of a deceased person, be, and the same is hereby repeal- ed. Sec. II. Be it further enacted, That fifteen days' notice in wri- £?%»••£" ting to the Administrator or Executor, and heirs at law of the de- **■ ceased, if to be found in this State ; and if non-residents, by publi- cation in one ofthe Gazettes of this State for 30 days, shall be CHANGES IN CODE.— JtTDicunr. I if 4-">!>.2d $««"!. o f the Cod« Braeoded. deemed sufficient notice to authorize the granting of an order for the execution of titles, when no objection is filed by the legal rep- lesentative of said estate, or heir at law. Sec. III. Be if further enacted, That when objections in writing,, are filed in the ofliee of said Ordinary, it shall be the duty of the'"" 11 Ordinary to hear evidence, as to the fact, whether the condition of said bond has been complied with by the payment of the purchase money or not, aud to grant an order requiring said titles to be made or not, as ke may think the principles of justice may require : and either party beihg dissatisfied with the decision, may appea»^ p . ,. to the Superior Court upon .the same terms as appeals are granted f^irM*"* 4 in other cases. 8,EC. IV. Be it further entscied, That whenever the party making said bond shall have died before the time at which said titles were c-t. b.* to be made, and before the purchase money became due, the cost*"'' 1 '' of said proceeding shall bo paid by the representatire of said es- tate ; but if the time tor making 1 said titles and the payment of said money elapse before the death of the obligor, then the eoits shall be paid by the applicant. Sfcp". V. Repeals conflicting laws. Assented to Dec. 14th, 1863. An Act to amend the fokr thousand Jice hundred and ninety-second section ■ot'thi Code o/'GwtgtUi Section- I. The General Assembly do enact, That from and imme- diately after the passage of this Act, the four thousand five hun- dreil and nine! \ -second section of the Code of Georgia, be, and same is hereby amended as follows: by inserting therein im- mediately after the words " unless the defendant be in jail," the words, "or otherwise in the sound discretion of the Court."* Assented to April 1 8th, l s <>::. An Art to Amend (he 4563 section of the Cod< oj Georgia. >\- imx 1. The General Assembly of Georgia do enact. That from .unl immediately alter the passage of this Act, the four thousand*-^ hundred and ninety-second section of the Code of Georgia, be.«-» d *- and the same is hereby amended as follows : immediately after the words in said section, '" ready for trial," insert the words " e.xeept in those oases wliere the defendant is entitled by law to demsnd i erial.' Assented to April IBth, 1863. The ofcaea M Mnaded by two fbregaiiig Acta will read n- Pellowi 'Tbe eaj« <•» i«» rntmnol docket shall b<- bulled in the or der in wlncb they stand oath* docket, unk* Utt Men- ,i»nt t othenriee in the eoand discretion ot the Conrt , and the Sute (hall t>< reqny ^1 it . , annonnc" ready for trial, except In thoee OUee where Ui- .MerjiVant » *»ti t>j hv law to demand • trial] and in «U eaeei in which »he defendant rannc* acconhc* to taw .i-maii.i atrial, »< mtiaaaora tksll not be granteJ lothe S*ate, eirepi upon ar«a*ouatw >K» Cert -. its CHANGES IN CODE.— Marriages. 8ee 2720 repealed— Sees. 1752, 2134 and 8147 repealed. A« Act w repeal section 2729 of the Code of Georgia, relative to the ef- fect of acceptances of bills and orders. Section I. The General Assembly of the State of Gem giaelo errtret, That said section be repealed.* Assented to Nov. 17, 1S'64. 1$U. 2739 n S**. 17M M»ended. °The section repealed is as follow*: "An ordinary acceptance does not raise a pre>V!TBption of funds in the hands of the acceptor, but the onus is ou the drawer to show funds in his bauds.' ' An Act to amend the one thousand, seven hundred and fifty -second (1752) f, section of the Code of Georgia. Section I. The General Assembly of the State of Georgia do enact, That in all eases where a bastard has died intestate, without heirs, and his property has not been escheated, or may hereafter die in- testate, leaving no widow or lineal descendant, or illegitimate broth- er or sister, or descendant of a brother or sister, or mother ; oi brother, or sister of legitimate blood, or descendant of such broth- er or sister ; then, and in that case, the brothers and sisters of the mother of such bastard, or their descendants, or the maternal grandeparents, of such bastard, may inherit the estate of such bas- tard ; and said estate shall be divided among said persons, in ac- cordance with the degrees of consanguinity ..prescribed in the laws of distribution of other estates. , Sec. II. Repeals conflicting laws.* Assented to March 4th, 1SG-5. °The rule of inheritance, .in ca?e of bastard children, i> not changed by theab'ove Act, in the least particular, from the rule in the Cod?, but the line of inheritance ia only enlarged or length- ened beyond a point not provided for in the Code. An Act to amend sections two thbusaml o/>r hundred and thirty-four, and three thousand one hundred and forty-seven, of the Code of Giorgio, re- lating to the remedies in favor of sureties. Sec. I. The General Assembly of the State of Georgia do enact, That the remedy provided by said section two thousand one hun- dred and thirty-four, shall be applicable to cases where the debt is not due, as well as to those where it is due ; and the words " principal or" shall be stricken from division or paragraph num- ber three, of the said section, three .thousand one hundred and for- ty-seven, d Assented to Nov. 17, 1SG1. d Sec. 2134 allows a surety, guarantor or eadorsor to hold his principal to bail, by making the oath thorein prescribed. This Act allows it done, whether the debt is due or not dve, ou proper oath made. Sec. 3147 authorizes the writ of ne-exraf in certain cafes. This Act allows it in favor of one surety against his ro surety, the word '• principal" being stricken out, as bail is the reo|Mry in that case. CHANGES IN CODE.— Militia.— Penal Code. 103 See. I&W repealed— Certain Seotion* of the Cod* relative to the Militia repealed. TITLE VIII. MARRIAGES. An Act to repeal paragraph 1(>58, of part second, tide second, chapter first, article first, section first of the revised Code of Georgia, and to le- . gah ze me triages in violation of the same. Wiiekkas, by the above cited paragraph of the revised Code of Georgia, all inarriages, not solemnized in conformity with the oth- er provisions of said Code, are declared to be invalid ; and iv/u rcas, p rcamb i„. said innovation upon the law, as it stood before the adoption of paid revised Code, will have the effect of giving rise to perplexing questions of legitimacy of children, and rights of property, and to domestic unhappiness. Therefore, Sivtion' I. The General Assembly of the State of Georgia d) en- act, That from and after the passage of this Act, paragraph 1658 \£i?;T#U* •I' part second, title second, chapter lirst ? article first, section first r * l> " al •f the revised Code of Georgia be repealed. Sic II. And be it' further enacted. That all marria ares heretofore, .. J ' , • l * Lnual\a« mar- solemnized, not in conformity with (he provisions of said Act shall n»*p.»ot.ei- ' J 1 , , /> emni«ed ac- excuse any Ordinary, Judge, Justioe or Minister of this Gospel, for ^'"b'j- any non-performahce uf duty as r-quiredin said paragraph 1668, of said part, title, chapter and seel ion of said Code.* Sec. III. Repeals conflicting laws. Assented to Dee. 14th, 18(55. Paragraph 1658 ol Co l< hereby repealed, provides i"i obtaining licence, nml pnlilicntionof the banns qf marriage in a neighboring church, in the presence of the congregation, tor at leant three Sabbath days prior to the solemnization. The repeal of this sect iou of the Code does not nse with license. ;i* would seem by the repeal of the whole section, us other sections pro- \ ide for license, nml i; w i- mapifi stly designed t<> r< peaj onlj the yavt rel'ci ting to p t,cuiiou it lm n i> TITLE IX. MILITIA. An Act to repeal sections nine hundred and eighty-six, nine hundred and eighty-seven, nim hundred and eighty-eight, nine hundred and eighty- nine, nim hundred and ninety, nine hundred and nim (if-two, and nine hundred and ninety-thru of the Code <<} Georgia. Section I. Be it enacted by the Senate and House of Representative^ That from and after the passage of this Act, sections nine hundred and eighty-six, nine hundred and eight \-si\ en, nine hundred and*£»£ eighty-eight, nine hundred and eighty-nine, nine hundred ami nine- ty, nine hundred and ninety-two, and nine hundred and ninety- three of the Code of Georgia, be, and the same are hereby repeal- ed.* Sec II. Repeals conflicting laws. Assented to April isth. 1 5 * The sections repealed have sole i militia dutj ■ •• muMer. The A ■ CHANGE* IN CODE.— Pkxal Com:, Se«. 44.j!.» rejet)''.|.— Fa'ngraph 1855th of Code amended. — H»-*. J7tf8 anwid-ed. TITLE X, PENAL CODE. An Act (9 rrpr.ii/ section 4 459 o/ /Ae Revised Code of Grorgia,4tu4 (.• substitute another in Utu thereof. Section I. The General Assembly of Georgia do enact, That from awtnpeciedttiid after the passage of this Act, section 4£59 of the revised Cotio of Georgia, be, and the same is hereby repealed. Sec. II. Be u farther uiacud, That the common law be revived and declared of full force and effect, as if said section of the Cods ? ^ ! i e »*»nd na ^ n °fc been adopted, and that any person or persons charged «* '*£!"" '""with the offences known to the common law as forestalling, regra- ting or engrossing, may be iudictcd in any Superior or Corpora- tion Court having jurisdiction thereof, and who may be fooe4 guilty, shall be punished by fine not exceeding the value of the. goods so forestalled, regrated or engrossed, and punished in the common jail not exceeding six months. It is hereby made the d«- ^"i'^'oity of the Judges of the above named Courts to give this sectiouii Z^'* 1 special charge to their respective Grand Juries at the opening of the several terms thereof. t Sec. III. Repeals conflicting laws. Assented to Dec. 5th, 1SC3. t Sec. 4450 of (.'ode aboliphed the offence < f forest aUinj, '(•(■instates and makes them indictable. rating and engrossing. This Act i* . i. > An Act to amend the 1855/A paragraph of the Revised Code of Geogia. Sec. I. The Gmeral Assembly of Georgia do enact, That from and after the passage of this Act, if any person shall violate the provi- K& p s£sioDS of the one thousand eight hundred and fifty-fith (185-5) para- Bf c " de graph of the revised Code of Georgia, he, she, or they shall be punished by fine, at the discretion of the Court.t Sec II. Repeals conflicting- laws. Assented to Dec. 12th, 1863; * Sec. IS55 of Code provides, that each owner shall keep hie slaves on hi* own premises, «r within his control. ."Shall not permit them to labor or transact business for themselves, ex«ept cu holiday*, or on bis own premises. Xor to rent any house, room, store or land on tielF •w» H«eount- "This Aet. simply prescribes thepenalty, which was neglected in the Code. I nil •■■ ■/ ,i An Act to amend section 4,708 Ju? the Code of Georgia. Whereas, The Cede of Georgia, in enumerating the criiKies committed by slaves, and fixing the punishment for the same, does not embrace the crime of burglary. Sec. I. The General Assembly of Georgia do enuct, That the crime of burglary be included in, and made a part of section 4,708 of said Code, which section enumerates the crimes committed by slaves, whUk CHANGE I.\ I'ODK.- Roans. It* .S-. i..\~< tan 9* -f-'i -S" ''11 am^wi.'rt. — S*«. 21 :M arpenl-M. shall be punished, in the discretion of the Court, either by death or such other punishmeui .is the Court may prescribe. Assented to April IS, (§03. -4/t j&7 /() (HilfU'J the A'-W 'ii'ii sic! inn <■! tilt t Itxfc c»/' Georgia. Sec. I. 77/ r General Assembly of Georgia do enacts That from af- ter the passage of this Act, section four thousand three hundreds-- t»i7«r and seventeen (4-! I?) of the Code of Georgia, be amended by .«" * adding "Railroad oar" alter the word '•hut," and that the *am« ga into effect on the 25th day of April, 1^<>*. SjEC. II. Repeals conflicting laws.// Assented to April LStlr, l s 1 1) of the ("ode of (Jeorgia, be altered, so as to read as fallows to-wit : "provided tie public road overseer, having charge of them respectfully, are paid two dollars and fifty cents per day, for each hand so Liable." 4 Sac. 11. Repeals conflicting laws. Assented to 1 >ec. olh, LS63. 4 •See 611 of( >de provided, that laborer* on any li if incorporated liail.Koada, I tble • road duty, '-itiilil >•« relieved by paring to overseer one dollar per hand far eaea day ' Act raieea amount to be paid, to $1..jU per day, lobe expend) An Act to repeal thr six hundred and thirty third sei "<>// a/ the Qodeof Qtorgia, relative 1 ' ommissioners. Ssctiom I. The General AeeemfUu of the State of Georrria do That the six hundred and thirty-third (633) section ol 'the t 'odf •■•••• "• of Georgia be, and the same is hereby repealed, any law custom or usage to the contrary notwithstanding. 1 Assented to Nov. 28tjl, iSG.'t. ■ptad K>i«'i Coma - ■nkt* aud other ..,b.J JuiT and toi tw.i .•.-,•» -*aid*, a titer had«etr*J m • 1(K> CHANGES IN CODE.— Slaves.— Taxes. 8*c, ia<"ti repealed. — Be*. 7S6 ameudod — Third clause ?;5v»Ui &k*e. amended. lift. Cuuo pealed Pre ua ':;■■ TITLE XII. '' SLAVES. An Ad to repeal the. 1376/A section of the Code of Georgia* Section I. The General Assembly of Georgia do enact, That sec- tion 1376 of the Code of Georgia, which reads as follows : "It shall be unlawful for any church, society, or other body, or any persons, to grant any license or other authority to any slave or free person of color to preach or exhort, or otherwise officiate in church mat- ters, " be, and the same is hereby repealed. Sec. II. And that the law in reference to licensing slaves and 8 free persons of color to preach, existing before the adoption of the Code, is hereby re-enacted.* Assented to April ISth, 1S6;J. 'Vjv the statute hereby revival, see T. R. R. Cobb's New Digesf.Vp. 1003'anif 1086, •title Jan. TAXES. An Act to amend the seven hundred and eighth- sixth section of the Code «f Georgia relative to taxing Defaulters. SECTION I. The General Assembly of this State do mart, That the seven hundred and eighty-sixth (7Su)' section of the Code of Geor- gia, be so amended as to provide, That if any person shall fail to make a return of taxable property, in whole or in part, under the tax acts in force in this State, such persons so in default, shall be double taxed for the first years default, for the second years default fourfold, and increasing in the same ratio each year, until a return is made. ' " -. Sec. II. Repeals conflicting laws. Assented to Dec. 7th. 1863. ["he S.jotion amend -1 p 'd.vided only dunb' e taxation on Beo.ejvec8 a*M*sin«nt'. An Actio amend the third clause of (he (7:39/7/) seven handled veu hun- dred and thirty-ninth section of the Code of Georgia, be amended by inserting the word "male" between the words "white" and "persons ;" thereby making said clause read, "every free white male person between the ages of twenty-one and sixty, twenty- five cents." Sec. VI. Repeals conflicting laws. Assented to April 16th, 1863. The clause amanded, is the one assessing specific or poll lax, ami simply makeS the tax im- posable on free wbite niak persons between certain ages, and not on all free. white persons'. which would include females. INDEX TO LAWS OF BOTH SESSIONS. ADMINISTRATORS. See Exr's, Admr's. Ac, in l,idr.i. ADVANCES BY TREASURER; To Gov't Officers, '• Members o! Gen'l Assem- bly, &c, i •• In what funds paid, APPROPRIATIONS. To pay salary of Governor, :• " salary of State House officers, •• pay salary Messenger of Ex. DepLi ••• pay salary EDUCATION. Increased per diem to teachers of poor children, ECHOLS COUNTY. Attached to 1st Con. Dist,, ELECTIONS. Time extended for returns from Army, Refugees may elect in certain cases, County Treasurers elected by the people, n EftECUTIVK MANSION. For repairs of, 9 EXRS. AD'Mirs., AC. 9 May sell C. S. bonds to. pay Taxes, Proceedings, Also, may sell to make distri- bution, ' Refugees, how to make returns. Administration in wrong cos. legalized, Authorized to pay old debts in property, Appraisement in such case's, Returns, how made, 88 EXTRA SESSION. Pay of Members and officers at, n '« of Secy's Ex. Dept., «« Adj. X Ins. Gen'l, his As- sistanl and Clerk, •' Chaplain of Senate. •• State Bouse < >ffia In what funds paid, Refitting halls for. IKES. ( If county officers increas In what funds paid, When applicable, 2S 79 70 79 30 30 -0 4W 19 49 u; .")0 50 ik 61 49 1 1 52 52 53 \ 4i II 14 A] 11 If 4!) }:» 1" 8] / 10 INDEX. FORT VALLEY. Charter of amended, GEO. MIL'TY. INSTITUTE. To pay salary Sup't of, " " Professors of, GEO. REL'F & HOSPITAL ASSO CIATION. $•500,000 appropriated to, i GEORGIA P. P. & P/NK. CO. See Banks. GPICE, \V. L. Pay of, as member, HOME INSURANCE CO. Charter of, amended, Re-organized at 'Macon* HOTELS. Keepers of, to give checks for baggage, 01 No additional charge, 7-5' 9j 9- 1 1 Ordinary, Office of, may be vacated, Proceedings, Practice. Criminal cases of soldiers iii service to be continued, Bonds not to be forfeited, Judgment of forfeiture to be set aside, Onus of proof in gaming cases, Record ot lost deeds, &c, au- 5S 59 .58 59 59 59 59 00 56 56 Penally for refusal, 1NMAN, J. S. To pav for lard for Mil. Ins INSTITUTE FOR BLIND. $12,000 for support of, $6,000 additional, INSURANCE COMPANIES. Mcrchhv.ts Insurance Co. of Columbus. | Incorporated, 13 16 thorized, 59 60 Jurisdiction, Worth co. added to South- western circuit, 60 Sup'r Courts changed, 60 j Jurisdiction ot City Court of 62; Augusta extended, 61 62j Fees regulated, 6 J 62 KNIGHT, R. B. Pay of, as Clerk in IsOI. 44 10JL1NCOLN CO. Road laws of. amended. 29 10JMADISON. 43! Election of town Cominrs. le- galized, MARIETTA. City taxation in, limited, ■.Southern Insurance and Trust Co. MARRIAGES 83 -10 Charter of, amended, 55 56 Re-organized at Macon, 55 i. Home Insurance Co. ■Charter of, amended, Hve-organized at Macon, ■gDICIARY. Si: prune Court. \ fiSAdjcurnment of, authorized, ■^Published notice of time and place requited, ■■Orders may issue in vacation, Writs of error, -how returned, Superior Courts. KJurors drawn for one Court not held, competent for next, ' Notice bv Clerk, ^Special Sessions of, authorized; Notice by Judge, 58 Attendance of Jurors, 5S Adjournment ofspecial Sessions, 58 t Inferior Courts may apply, 58 Dower cases triable, 58 Between first cousins legalized, 63 MERCHANTS' INSURANCE CO. ! ' OF COLUMBUS. 56i Incorporated. 13 16 50 METROPOLITAN TELEGRAPH CO. v Incorporated. ?? 78 16MILITARY. Rank of Commissary Gen'l 16 raised, 01 ] Rank of Quar. Mas. Gen'l raised, 61 MILITARY FUND. • $1,000,000 for 1865, 9 $3,000,000 " 43 57 j How applied, 43 $7 MILITARY STORE-KEEPER. 57| Pay of, at Milledgeville. 9 MILITIA. See State Defence. MILLEDGEVILLE. Charter amended, as to elec- tion of Aldermen, * 75 INDEX. I* PENAL CODE. Keepers of Hotels, Ac, to give checks for baggage, 61 Gj No additional charge, 61 Penalty for refusal, 62 Onus of proof in gaming cases, 60 PENITENTIARY. Salary Book- keeper of, Head tanner of, Pay of committee to visit, Clerk of committee. PERKY. Corporate limits of changed, PLAYEK, S. T. Pay of, as member, PRINTING FUND. For 1865, PUBLIC DEBT. Appn. to pay, QUAH rERMASTER GENERAl Rank raised, KE< ■ CLERK. To pay of, in Ex. Dept., RELIEF. Warehousmen relieved of Tax- es in certain cases, Property destroyed by war re-, lieved from tax, Of Soldiers, elected to civil of- f; :es, < i; i>ins marrying, < >f Atlanta exiles, v I revenue: Per <•< nt of tax for l B66j pt in certain oal i, LS Commissions of Tax-Receivers ( lollectors, REYNOL1 Town of, in ed, J&ALARI] Of Governor for I g » ►f Se sretary of State, of Comptroller General, < )f State Treasurer, < \{ Secretaries Ex. Dept Of! er to Ex. 1 Vpt.. State Librarian, <)! Atty. and Sols.Gen'1, < n Reporter of Supreme Court. Of Judges uf Supreme Court. i)f J Igea of Superior Courts, Of Supt. Geo. Mil. Institute, 9 Of Guard at State .Magazine, Of Mil. Store-keeper at Mil- ledgeville, *> Of Recording Clerk of Ex. Dept.. 9 Of Clerk in Treasurer's office, 11 Of Supt. State Asylum, 13 SECRET ARY OF STATE. 4;: His salary for 180 "», 6 1J To pay for fuel, lights, &c, fo* 43 (Jen. Assembly, 10 Fuel, lights, &c, at extra session, 43 76 SLAVES. Tax on, how equalized, -- i J SOLDIERS. .000.000 appropriated toin- 6 . digent families of, Who included, Ini'i', Courts maypurchase'eorn for, ' 8 Quar. Master to furnish Era • portation. S Quar. Mas. Gen'] to ; .-n- cloth- 9 01 I G2 63 8 2 LS ing, shoes, &o%, 03 Requisition, how in; de, Soldiers in Hospitals entitled, ( officers allowed to pun clothing, VJ.M00.000 addition,!] for indfl gent, d Aint., bow Raised, 64 How distributed, * f m Relief of, elected to civil SPARTA. Charter of, amended • titil lice > 7 I- i" STATE DEFENCE. Lev; ' 1 7o Of what cl :■•<, Volenti 6 Gov, to prescrib . c> lati< 61 6 mander, 6 < ' S. rules and 6 to govern. 6 Go\ 6 daye, 6 Exemption of [.» ! 6 Judicial I »• . :J0 ■20 112. STATEllOUSE. For repairs of, INDEX. STATE HOUSE CLOCK. For repairing and winding, for 1665, State lunatic asylum. For support of, in 1SC-V $50,000 additional Tor pauper patieuts, Salarv Supt. of, increased, Pay "of Trustees, Treasurer, sub-officers, &c., increased, 4:J STATE MAGAZINE. To pay Guards of, . •• STATIONERY. To purchase of. fur Ex. Dept. 9 STAY LAW. Ke-euacted, Exceptions, TAXES. Income tax, how estimated. Comp.Genl. to remit in certain cases, Property relieved from, when destroyed by the enemy, 20 Time extended for collection of, 22 On slaves* how equalized, 22 24 Income tax Act for 1S65, 05 0? 1 "Widows with sous in Army, 44] relieved in part, 07 On Banks, Ac, 67 08 Refunded to hirers of negroes <;• in certain cases, 08 Oath of Tax-payers, 6S 0
u tax in certain sections. Thanks to Militia and State Line. Gov. requested to make arrangements to transport corn on State L'«rt on different ■ Road*. 22. RecomYneuds construction of Rail Road be tween Albany ami ThomasviDe. *2 - J. To suspend the collection of taxes in certain casea. 23. Recommends that certificates for produce igiprecsed be i eceived for taxes. 24. t'.'ecoiiJiiHiids release of Tax in Kind in conn ties nverrun. 'S> Corn, or money in Hen, to be famished to coun- ties not supplied under Act of Nov., 1863. 26. Distribution of imported Cotton Card*. '27. Joint Committee to examine the Penitenti- ary. 28. Gov. authorized to sell surplus material about Penitentiary. "'?>. Committee appointed to investigate Quar- termaster and Commissary Depts. 30. Establishment of picket line. 31. State Treasurer authorized to rent au office in Macon. 32. In reference to pay of Members and Officers of Gen. Assembly. 33. Officers of Gan. Assembly allowed to pur- chase Cotton Cards. 34. Requesting suspension of order to remove iron from Macon dt Brunswick R.R. 35. Distribution of Educational fund of 1864. 30. Appropriation for orphan children of Uuion Society, Chatham Co. 37, Mail Route recommended, 38. Waters' Pamphlet to be furnished Civil Offi- cers. i (•*•'• ft • V I \ 1 \t