Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: AUGUSTUS FLESH 18700000 English

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PUBLIC LAWS, PASSED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AT THE SESSION OF 1870, WITH AN APPENDIX, CONTAINING THE GOVERNMENT OF GEORGIA AND COURT CALENDAR, ETC., 18700000 COMPILED AND PUBLISHED BY AUGUSTUS FLESH , ATLANTA, GEORGIA: PRICE 50 CENTS.SOLD BY BOOK DEALERS. ATLANTA, GEORGIA: NEW ERA PRINTING ESTABLISHMENT. MDCCCLXX.

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PUBLIC LAWS 1870. [No. 1.0. 1.] An Act to set apart and secure the School Fund. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the same , That the Comptroller General shall forthwith proceed to ascertain the exact amount due the Educational Fund up to the 1st July, 1870. Comptroller General shall ascertain amount of Educat'l Fund. Sec. 2. That, from time to time, without delay, as definite amounts are ascertained by the Comptroller General to be due said fund, he shall report the same to his Excellency the Governor, who shall thereupon deposit with the Treasurer seven per cent. bonds of this State to such an amount as will perfectly secure the School Fund. Report to Governor. Governor to deposit bonds with Treasurerwhen. Sec. 3. That said bonds shall remain in the treasury, to be sold under the direction of the Governor, to meet appropriations for school purposes, and for no other purpose; and that the interest accruing on such bonds shall be semi-annually credited to the School Fund. Sale of bonds by direction of Governor. Sec. 4. That all moneys which are now loaned out by the Treasurer, with all the interest that has accrued thereon, shall be immediately refunded and placed in the treasury of this State, and the Treasurer shall forthwith comply with the joint resolution, approved July 16, 1870. Treasurer required to replace all moneys loaned by him into the treasury. Approved July 28, 1870.

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[No. 2.O. 16.] An Act to authorize the issue of Bonds of this State, whereby to redeem all Bonds, and the Coupons thereon, now due or falling due, and for other purposes therein mentioned. Section 1. The General Assembly of the State of Georgia do enact , That, for the purpose of meeting and redeeming all bonds of this State, and the coupons thereon, now due, or when the same shall have fallen due, and for such other purposes as the General Assembly may direct, his Excellency the Governor is hereby authorized to issue bonds of this State, sufficient in amount to meet all outstanding bonds, and the coupons thereon, now due and as the same shall fall due, until otherwise ordered by law, and for such other purposes as the General Assembly may direct; such bonds to bear interest at the rate not exceeding seven per cent. per annum, with interest payable quarterly in gold, at such place or places as the Governor may designate; said bonds having twenty years to run, and to be redeemed at the end of that period in gold coin. Governor authorized to issue bonds to redeem outstanding bondswhen due. Interesthow, when and where paid. Sec. 2. Be it further enacted , That nothing in this Act shall be construed to authorize the use of said gold bonds in funding the outstanding bonds, or to authorize the exchange of said gold bonds, for any outstanding bonds of the State. Gold bonds shall not be used to fund outstanding bonds. Sec. 3. Be it further enacted , That said bonds shall be signed by his Excellency the Governor, and countersigned by the Comptroller General, and shall by the Comptroller General be registered in a book to be kept for that purpose, and the amount so issued reported also for record in the Treasurer's office. Bondshow executed and where registered. Sec. 4. Be it further enacted , That the sterling bonds, and the interest thereon until paid, be paid in gold or its equivalent. Sterling bonds. Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 15, 1870. [No. 3.O. 8.] An Act to authorize his Excellency the Governor of this State to borrow sufficient money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly. Section 1. Be it enacted by the General Assembly , That his Excellency the Governor be, and he is hereby, authorized and requested to effect a loan to the State, by bond or otherwise, upon such terms as to him shall seem meet, of a sufficient amount of

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money to pay off the members and officers, and other expenses of this General Assembly, and that the Treasurer of this State meet and pay off the debt thus contracted, and interest thereon, out of the first funds coming into his hands. Governor authorized to borrow sufficient funds to pay members of Approved August 27, 1870. [No. 4.O. 42.] An Act to amend an Act to authorize his Excellency the Governor to borrow a sufficient amount of money on the credit of the State, on such terms as to him shall seem best, to pay off the members and officers of the General Assembly, approved August 27, 1870. Section 1. Be it enacted by the General Assembly , That the said Act be, and the same is hereby, amended so, that if the loan authorized by said Act is effected by bonds, that the Treasurer of the State shall pay the interest thereon, at a rate not exceeding seven per cent, and the principal thereof when the same shall fall due; and that his Excellency the Governor be, and he is hereby, authorized and requested to provide by loan as aforesaid a sufficient amount of money to pay off the officers of the Civil Establishment and other expenses of the State, authorized by this General Assembly. State Treasurer shall pay interest and principal of certain bonds, when due. Governor authorized to borrow funds to pay officers of civil establishments. Sec. 2. Be it further enacted, and it is hereby enacted by the General Assembly aforesaid , That nothing in this Act contained shall be construed to authorize the Governor to issue any other character of bonds than those authorized by an Act approved, September 15, 1870. Character of bonds to be issued. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 5, 1870. [No. 5.O. 37.] An Act to protect the credit of the State in reference to its guaranty of the Bonds of Railroad Companies. Section 1. The General Assembly enacts as follows , That from and after the passage of this Act, that neither his Excellency the Governor nor any other officer of this State shall endorse the guaranty of the State upon the bonds of any railroad, to which this or any other Legislature of this State has loaned the credit of the State,

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until an amount equal to the amount of bonds, for which the guaranty or endorsement of the State is applied for, has in good faith been first invested, and actually paid in and expended by the owners, or stockholders of the road upon the bonds of which the endorsement or guaranty is asked; and the Governor shall in every case require satisfactory evidence in every case that such investment has been made. State's endorsemant upon railroad bonds. Sec. 2. Be it further enacted , That in the event any interest that has accrued upon any bonds of any Railroad Company, endorsed by the State in pursuance of any law of this State, shall not be paid when said interest becomes due, it shall be the duty of the Governor, upon information of such default by any person to whom such interest may be due, to provide in such manner as he may deem most to the interest of the State for the payment of, and to pay, said interest; and it shall be his duty to seize, and take possession of all the property of said Railroad Company and apply the earnings of the road to the extinguishment of said unpaid interest, and he may at his discretion sell the road so in default, and its equipments and other property belonging to said Company, or any portion thereof at public sale in such manner, and at such time, as in his judgment may best subserve the interest of the State. The State will control the road, if interest on its bonds is unpaid at maturity. Governor may sell road. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved September 30, 1870. [No. 6.O. 41.] An Act to provide for an Election and to alter and amend the Laws in relation to the holding of Elections. Section 1. The General Assembly of the State of Georgia hereby enacts , That an election shall be held in this State, beginning on the 20th day of December, 1870, and ending on the 22d of said month of December, 1870, for members of Congress to serve during the unexpired term of the Forty-first Congress of the United States, and for members of the Forty-second Congress; for Senators in the State Senate from each district numbered in the Constitution with an odd number; for members of the House of Representatives of the General Assembly; for Sheriffs, Clerks of the Superior Court, Tax Receivers and Tax Collectors, County Treasurers, Coroners and County Surveyors, of the several counties of this State. Election for members of Congress, members of the General Assembly, and certain county officers when held. Sec. 2. That the said election shall commence on the said 20th day of December, and continue between the hours now fixed by law for three separate days. Election shall continue for three days.

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Sec. 3. That said election shall be managed and superintended at the several court-houses at the county seat, and at any election precinct that may exist or be established in any incorporated and organized city or town, by managers chosen as follows: Where and by whom conducted. Sec. 4. It shall be the duty of the Governor of the State, by and with the advice and consent of the Senate, as soon after the passage of this Act as possible, to appoint three, and the Ordinary of each county two fit and proper persons of intelligence and moral worth, for each election precinct established at the county court-house, or in any city or incorporated town in this State; and said five persons, or any three or more of them, may and shall hold the election at said court-house and precincts in such city or town. Managers appointedby whom. Sec. 5. It shall be the duty of the Governor to cause the said appointees to be duly notified of their several appointments as aforesaid; and it shall be the duty of said appointees to appear at the said court-house, and at said precincts in said city or town, on the days fixed by this Act, for the said election, within the hours heretofore prescribed by law, and hold said election. Governor shall notify managers of their appointment. Sec. 6. It shall be the duty of the Governor to furnish each of the Judges of the Superior Courts with a list of said appointees in the several counties of the respective circuits, and at the next term of said courts in each county, after the said election, it shall be the duty of the Judge to inform himself if said appointees have appeared as required by this Act and held the said election, and if any such appointees have failed to appear, and the absence of his signature to the returns required by law to be made to the Clerk of said court, shall be prima facie evidence of such failure, it shall be the duty of said Judge forthwith to fine any such appointee one hundred dollars: Provided , That said fine may be remitteed on said appointee satisfying said Judge that his failure so to attend was caused by severe sickness or other unavoidable cause, or that he was legally disqualified from serving: And provided further , That said appointees shall each of them be citizens of the county for which they are appointed and voters of the same. Governor shall furnish Judges of the Superior Courts with list of appointees. Duty of Judges. Penalty when managers fail to hold election. Proviso. Managers must be citizens of county for which they are appointed. Sec. 7. In addition to the duties now prescribed by law for the managers of elections, it shall be the duty of said managers to preserve order at and near the polls, but they shall have no power to refuse ballots of any male person of apparent full age, a resident of the county, who has not previously voted at the said election. Duties of managers. Sec. 8. They shall not permit any person to challenge any vote, or hinder, or delay, or interfere with any other person in the free and speedy casting of his ballot. Voter shall not be challenged. Sec. 9. It shall be the duty of said managers to prevent all rioting, disturbances and crowding at or near the polls, and, to secure this end, it shall be their duty to prevent more than one person,

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and he only while voting, approaching or remaining within fifteen feet of the place of receiving ballots; and the said managers may, if they see fit, require that persons desiring to vote shall form themselves into a line, and when a line is thus formed, said managers shall prevent any person not in the line from approaching the polling place nearer than fifty feet, but in no case shall more than one voter, at any time, be permitted to approach the polls nearer than fifteen feet. Duties of managers relative to voters. Sec. 10. It shall be the duty of the Sheriffs, Deputy Sheriffs, Bailiffs, Town Marshals, and Police Officers, the whole to be under the orders of the Sheriff or his deputy, to attend at one or the other of said places of voting during the election, and obey all lawful orders of said managers, or either of them, and to act as conservators of the peace, and for the protection of voters against violence, intimidation and all unlawful attempts to influence voters or to interfere with the perfect freedom of each voter to cast his ballot according to his own wishes. Duties of Sheriffs, bailiffs, c., on election days. Sec. 11. The said managers, or any two of them, shall have power, by parol, to order the arrest and confinement during the day of any person disturbing the peace at or near the polls, or disobeying any reasonable orders for the enforcement of these provisions for the preservation of order and the protection of voters; and the Sheriff or his deputy shall also have power, without warrant, to arrest or order the arrest of any person for the causes aforesaid. Managers may order arrest of disturbers of the peace. Sec. 12. It shall be the duty of said managers to receive each ballot and deposit the same in a ballot-box, and it shall not be lawful for either of them, or for any clerk, to open any closed ballot until the polls are closed and the counting of the votes is commenced. No ballots examined until polls are closed. Sec. 13. It shall be the duty of said managers to prevent any person, except themselves and the three clerks, by them to be appointed and sworn to remain in the room when the ballots are received, so near the ballot-box or the polling place as to examine the tickets, or to handle any ticket, and they shall have the same power to enforce this as other duties herein cast upon them. No person shall remain in room where ballots are received, except managers and clerks. Sec. 14. The said managers may select three competent persons to act as clerks in keeping the list of voters and tally-sheets, but said clerks shall not be permitted to handle any ballot or examine the same. Clerks to be appointed. Sec. 15. One of said managers shall receive the ballots from the voters, and hand them to a second, who shall deposit the same in the box, and at no time shall any vote be received unless there be at least three of said managers present. Manner of receiving and depositing ballots. Sec. 16. Said managers, clerks and officers, except police officers actually on duty, shall receive from the County Treasurer three dollars for each day's duty at said election. Compensation of managers c.

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Sec. 17. It shall be in the power of said managers, or any three of them, to fine any Sheriff, deputy Sheriff, marshal, or police officer not more than one hundred dollars, as for contempt, if he fail to obey any lawful order of said managers, or either of them, for the enforcement of the laws, for keeping the peace, preserving order, and protecting the freedom of election on the day of the election. Penalty on Sheriffs, Deputy Sheriffs c., upon failure to obey orders of managers. Sec. 18. Said managers shall each of them take the following oath: I do swear that I will faithfully, fully and impartially hold the present election; I will prevent no person from voting who is of apparent age, a resident of the county, and who has not previously voted at this election; I will not open any closed ticket until the polls have been closed, nor will I divulge for whom any person has voted, unless called upon to do so by some legal tribunal. I will permit no one to challenge, delay or hinder any voter from the free and speedy casting of his ballot; I will, in good faith, to the best of my ability, endeavor to carry into effect the provisions of this Act, and the other laws for holding elections; I will make a fair, correct and honest and impartial return of the result of the election. So help me God. (Any manager may administer this oath to the others.) Managers to take oath. Form of oath. By whom administered. Sec. 19. Nothing in this Act prohibiting challenges at the polls shall be construed to authorize any one to vote who is not under the Constitution a qualified voter in the county of the election; but all persons not duly qualified to vote are, and shall continue to be subject to all the pains and penalties fixed by law in case they vote illegally. Illegal voting. Sec. 20. Each of the said clerks shall be sworn fairly, impartially and truthfully to keep the list of voters, and fairly and honestly to keep the tally-sheet at said election. Clerks shall take an oath. Sec. 21. It shall be the duty of the Ordinaries of the several counties of this State to furnish stationery for the purposes of said election, and also to have ready, and furnish for each of the sets of managers provided for by this Act, a ballot-box sufficiently large to hold the ballots likely to be cast at said polling-placesaid ballot-box to be made so that it cannot be opened without serious damage to the box on all sides except one, and on that side to have a movable lid with the opening therein sufficiently large to admit the pushing in of the ballots one by onesaid lid to be so constructed as that it may slide into grooves in the box, and have a lock thereon; and it shall be the duty of the managers to open and examine said box at the opening of the polls, and then to lock the same; and at the close of the polls on each day it shall be the duty of each manager to put upon said lid a strip of paper with his name thereon, and affix the same by adhesion to the lid and box, so that the box cannot be opened without the rupture of said paper; and this being done, the box shall, for the night, be

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entrusted to the keeping of one of the managers, and another of the managers shall take the key; and it shall be the duty of such managers entrusted with said box or key, to permit no one to tamper in any way with the same; and if such tampering be done, the manager entrusted with the same shall be deemed prima facie guilty of having done the same, and, on conviction, shall be punished as provided in section 4608 of the Revised Code for the punishment of misdemeanors. Ordinaries to furnish stationery and ballot-box. Ballot-boxhow constructed. Ballot-box and key how kept at night. If tampering be done with ballot-box, manager entrusted therewith, deemed guilty thereof. Penalty. Sec. 22. An election manager or clerk, or other officer on duty in the holding of any election, who shall be guilty of any fraudulent practice in changing any ballot, or in using any trick or device by which any false return is made, or any ballot-box is tampered with, or who shall, in any way, be guilty of any false or fraudulent practice or act by which any vote actually cast is not fairly counted and returned, shall be guilty of misdemeanor, and, on conviction, shall be punished as provided in section 4608 of the Revised Code. Fraudulent practice, false return, c., a misdemeanor how punishished. Sec. 23. All laws militating against, or inconsistent with this Act are hereby repealed, but all other laws not militating or inconsistent therewith, are hereby declared of force, and to be obeyed by said managers. Laws not inconsistent with this Act, declared of force. Approved October 3, 1870. [No. 7.O. 11.] An Act to change the time of holding the Superior Courts of the Macon Circuit, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the General Assembly of Georgia , That from and after the passage of this Act the several Superior Courts of the Macon Circuit shall be held as follows: Dooly Court shall be held on the first Mondays of October and April in each and every year; Crawford, on the second Mondays of October and April; Twiggs, on the third Mondays of October and April; Bibb, on the fourth Mondays of October and April; Macon, on the first Monday in December and third Monday in May; and Houston, on the second Monday in December and fourth Monday in May. Terms Superior Courts Macon Circuitwhen held. Sec. 2. And be it further enacted by authority of the same , That the Judge of said circuit may draw two or three panels of jurors, as the business of the courts may, in his opinion, require. Judge may draw two or three panels of jurors. Sec. 3. And be it further enacted by authority of the same , That all Acts and parts of Acts militating against this Act be, andthe same are hereby, repealed. Approved September 2, 1870.

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[No. 8.O. 3.] An Act to change the time of holding the Superior Courts in the counties of Houston, Twiggs and Catoosa. Section. 1. The General Assembly of the State of Georgia do enact , That the time for holding the Superior Courts in the county of Houston shall be changed from the third Monday in August to the third Monday in September; and the time for holding the Superior Courts in the county of Twiggs shall be changed from the fourth Monday in September to the fourth Monday in October of each and every year; and the Superior Courts of Catoosa county shall be held on the first Mondays in March and September in each year, instead of the second Mondays in February and August, as now held. Time of holding Superior Courts in Houston county. Twiggs. Catoosa. Sec. 2. That all writs, processes and other proceedings, returnable to said Superior Courts are hereby returnable to the courts as provided by this bill. Returns to said Courts. Approved August 6, 1870. [No. 9.O. 12] An Act to change the time of holding the Superior Courts of the Atlanta Circuit. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act the Superior Courts of the several counties of the Atlanta Circuit shall be held as follows: in Clayton county on the first Mondays in March and September; in DeKalb county on the fourth Mondays in March and September; and in Fulton county on the second Mondays in April and October in each year. Superior Courts of Atlanta Circuitwhen held. Sec. 2. Be it enacted, c. , That all bills, petitions, writs, precepts, processes, summonses and other proceedings issued and returnable to the several Superior Courts, in said counties respectively, at the times now fixed by law, be held to be returnable to the first terms to be held in pursuance of this Act; and that all suiters, jurors, witnesses and other persons who may be bound to attend said courts, be required to attend them at the times now fixed by this Act, without other or further notice. Returnshow made. Attendance upon said Courts. Sec. 3. Be it enacted, c. , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 2, 1870.

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[No. 10.O. 6.] An Act to change the time of holding the Superior Court for the county of Marion. Section 1. Be it enacted by the General Assembly , That from and after the passage of this Act the Superior Court for the county of Marion shall be held on the third Monday in April and October, instead of the first Monday in March and September, of each year. Superior Court of Marion county-when held. Sec. 2. Be it further enacted , That all Acts conflicting with this Act be, and the same are hereby, repealed. Approved August 23, 1870. [No. 11.O. 17.] An Act to Legalize the Processes issued by the Clerks of the Superior Courts of the Atlanta Circuit, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That all processes issued by the several Clerks of the Atlanta Circuit since the resignation of John D. Pope, or that may be issued before the appointment of a Judge for said circuit whether issued in the name of said Pope, or some other Judge of a Superior Court of this State, are hereby declared to be as valid to all intents and purposes as if issued in the name of, under and by authority of, a duly commissioned Judge of said circuit. Certain processes legalized. Sec. 2. Be it enacted, c. , That the adjournment of the Fulton Superior Court to the fourth Monday in July, 1870, is hereby declared to be valid, and said adjourned term may be held by any Judge of a Superior Court of this State on that day, or upon any future day to which any Judge may adjourn the same. Adjournment of Fulton Superior Court declared valid. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 15, 1870. [No. 12.O. 13.] An Act to Legalize the Revision of Jury Boxes in cases of failure to revise the same on the day now prescribed by law. Whereas, In some of the counties of this State the jury-box was not revised on the first Monday in June, eighteen hundred and seventy, as required by law, but such revision has taken place since; and Preamble.

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Whereas, There may be in the future similar instances of omission, the consequence whereof would be to defeat the holding of courts in the counties wherein they occur, for remedy whereof; Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly convened , That in any county of this State where the jury-box was not revised on the first Monday in June, eighteen hundred and seventy, as required by law, such revision of the jury-box as may have taken place since that time, or as may take place within sixty days from the passage of this Act, by the persons and in the manner prescribed by law, shall be as good and as valid, to all intents and purposes, as if done on the said first Monday in June, eighteen hundred and seventy. Certain revisions of jury boxes legalized. Sec. 2. And be it further enacted, c. , That, for the future, whenever there is a failure to revise the jury-box of any county on the first Monday in June, as now required by law, the same may be revised at any time within thirty days after said first Monday in June. Jury box, if not revised at regular timewhen revised. Sec. 3. And be it further enacted, c. , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 5, 1870. [No. 13.O. 27.] An Act to repeal an Act to provide for the levying and collection of a tax for the payment of costs due to Clerks and Sheriffs in insolvent criminal cases, in certain counties therein mentioned, approved September 28, 1868. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the law passed by the General Assembly and approved September 28, 1868, providing for the levying and collection of a tax for the payment of costs due to Clerks and Sheriffs in insolvent criminal cases, in certain counties therein mentioned, be, and the same is hereby, repealed; except so far as the same relates to the county of Macon: Provided , That the repeal of the above recited Act shall in no way effect any case where any party or parties have litigated or obtained a judgment or a mandamus absolute in any court against the Ordinary of said county to levy a tax under the said Act of 1868. Act approved Sept. 28, 1868, repealed. Exception. Proviso. Sec. 2. Be it further enacted , That all laws or parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved September 20, 1870.

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[No. 14.O. 19.] An Act to alter and amend an Act for the enforcement of liens, c. Section 1. Be it enacted , That the third paragraph of Section 1969 of Irwin's Revised Code shall be so altered and amended as to read as follows: The person prosecuting such lien, either for himself, or as guardian, administrator, executor or trustee, must by himself, his agent or attorney, make affidavit before a Judge of the Superior Court, or the Ordinary of the county, in which the boat or craft, or other property may be, or the defendant may reside, showing all the facts necessary to constitute a lien under this Code, and the amount claimed to be due. If the amount claimed is under one hundred dollars, the application may be made to a Justice of the Peace, who may take all the other steps hereinafter prescribed as in other cases in his court. Upon such affidavit being filed, if before a Judge of the Superior Court or the Ordinary, with the Clerk of the Superior Court of said county, it shall be the duty of the Clerk of the Superior Court, or the Justice of the Peace, if in his court, to issue an execution instanter against the person owing the debt, and also against the boat or craft, or the property which is subject to said liens, for the amount sworn to and the costs; which execution when issued shall be levied by any Sheriff of this State, or Bailiff, if the amount be less than one hundred dollars, on such boat or craft, or property subject to said lien, under the same rules and regulations as other levies and sales under execution. Sec. 1969 of Code amended. Affidavitbefore whom made. Amounts under $100how recovered. Execution. Levy. Sec. 2. Repeals conflicting laws. Approved September 16, 1870. [No. 15.O. 44.] An Act to protect the credit of the State. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted , That on the presentation at the Treasury of this State of the scrip authorized to be issued by the Constitutional Convention of this State, and audited and approved by the Comptroller General, it shall be the duty of the Treasurer to redeem the same out of any money that now is, or hereafter may be, in the Treasury. Treasurer shall redeem convention scrip. Sec. 2. Be it further enacted , That on the presentation of the scrip, so redeemed by the Treasurer, to the Governor, an Executive warrant shall be issued in favor of the Treasurer for the amount of scrip so redeemed, which schip shall be canceled, [Illegible Text]. Governor to issue warrant for convention scrip [Illegible Text].

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Sec. 3. Be it further enacted , That all the Convention tax hereafter collected shall be applied to reimbursing the State Treasury for the amount paid out in accordance with this Act. Convention Tax. Sec. 4. Be it further enacted , That the Comptroller General be, and he is hereby, authorized and required to receive any of said outstanding scrip in settlement of the Convention tax due to the State; and that the Comptroller General be, and he is hereby, required to audit only such accounts as have been heretofore audited by the proper officer of the Convention, and his Excellency the Governor is hereby authorized and required to issue his warrants on the Treasury for said audited accounts. Comptroller General to receive scrip for Convention Tax. Executive warrant. Sec. 5. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 7, 1870. [No. 16.O. 46.] An Act to change the county of Glascock from the Northern to the Middle Judicial Circuit. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assemby met, and it is hereby enacted by the authority of the same , That the county of Glascock be taken from the Northern Judicial Circuit and be annexed to the Middle Judicial Circuit of said State; and that the time of holding said Superior Court in said Glascock county be so changed and altered as to be held on the second Monday in March and September of each year. Glascock county transferred to Middle Circuit. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are herely repealed. Approved October 12, 1870. [No. 17.O. 47.] An Act to change the times of holding the Superior Court of Wilkes county, Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after this date the Spring Term of the Superior Court of Wilkes county shall be held on the first Monday in May in each year, and the Fall Term of said Court shall be held on the first Monday in November of each year; and said terms may continue each, for the space of one week, or longer, if

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necessary for the transaction of business. The next Fall Term to be held at the time herein designated. Spring and Fall Terms of Superior Court in Wilkes Co. when held. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 12, 1870. [No. 18.O. 48.] An Act to abolish Appeals in the City Court of Augusta, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, there shall be no appeal from one jury in the City Court of Augusta to another jury of said court, but the court may grant new trials on legal grounds. No appeal from one jury to another. Sec. 2. Be it enacted by the authority aforesaid , That said court shall render judgment without the verdict of a jury in all civil cases founded on contract where an issuable defense is not filed on oath. Judgment rendered without verdictwhen. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 12, 1870. [No. 19.O. 49.] An Act to amend an Act to require the Reporter of the Supreme Court to publish the decisions of the Supreme Court in pamphlet form, and to provide for the distribution of the same, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That Section 6 of an Act to require the Reporter of the Supreme Court to publish the decisions of the Supreme Court in pamphlet form, and to provide for the distribution of the same, and for other purposes, approved October 6, 1868, be so amended as to include volumes 30 and 31 of the Supreme Court Reports of this State. Reporter of Supreme Court to furnish pamphlet copies of Volumes 30 and 31 Supreme Court Reports. Sec. 2. All laws and parts of laws militating against this Act are hereby repealed. Approved October 12, 1870.

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[No. 20.O. 50.] An Act to grant certain persons therein named, and their associates, the right to dig and mine in the beds of certain navigable streams and waters of the State of Georgia for phosphate rocks and phosphate deposits. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That the State of Georgia does hereby give and grant to the following persons, to-wit: Thomas S. Hankinson, R. L. McWhorter, George T. Barnes, D. B. Plumb, James H. McWhorter, Dr. J. S. Wilson, James T. Gardiner, Glenn Wright, and such other persons as they may associate with them, the right to dig, mine, remove, for the full term of twenty-one years, from the beds of all navigable rivers or streams in Georgia, east of an air-line, running from the city of Augusta, Georgia, by way of the town of Blackshear, Pierce county, to the Florida line, the phosphate rocks and phosphate deposits: Provided , That the persons named and their associates shall not, in any way, interfere with the free navigation of the navigable streams and waters of the State, or the private rights of any citizen or citizens residing upon, or owning the lands upon, the banks of the said navigable rivers and waters of the State. Grantees. Powers. Duration. Proviso. Sec. 2. Be it further enacted , That this gift and grant is made upon the express condition that said grantees shall pay to the State of Georgia the sum of five per cent. upon the market value of all phosphates exhumed and sold from the said navigable rivers and waters of the State: And further , That said grantees shall pay into the State Treasury the sum of five hundred dollars, as a license fee, before commencing business under this grant. Tax on sale of phosphates. License fee to be p'd into State Treasury. Sec. 3. Be it further enacted , That before commencing operations under this Act, the said grantees and their associates shall file, or cause to be filed, in the office of the Comptroller General a bond in the penal sum of fifty thousand dollars: Conditioned , That said grantees and their associates shall make true and faithful returns to the Comptroller of the State, annually, on or before the first day of January, and oftener if required by the Comptroller of the State, of the number of tons of phosphate rocks and phosphate deposits, dug, mined and removed by them from the beds of the navigable streams and waters of the State; and shall punctually pay to the State Treasury, annually, on the first day of January 5 per cent. upon the market value of all phosphate exhumed and sold from the said navigable rivers and waters of the State during the year preceding; said bond to be renewed annually and approved by the Attorney General. The books of the said grantees and their associates shall be open to inspection of

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the Comptroller of the State, or his agent duly appointed by him for that purpose. Grantees must give bond. Annual returns. Payment of Tax into the Treasury annually. Books subject to inspection. Sec 4. Be it further enacted , That nothing contained in this Act shall prevent the State from selling or granting like privileges to any other corporation or person: Provided , Said future grantees shall not interfere or work within twenty miles of the works of this company. State retains right to grant similar privileges. Sec. 5. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 12, 1870. [No. 21.O. 30.] An Act to extend, continue and renew the banking privileges of the Central Railroad Banking Company of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the banking powers and privileges heretofore granted to the Central Railroad Banking Company of Georgia by an Act, approved December 14, 1835, and the various Acts amendatory thereof, are hereby continued, renewed and extended for a further term of thirty years. Banking privileges of Central R. R. Banking Co. contin'd Sec. 2. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act are hereby repealed. Approved September 23, 1870. [No. 22.O. 62.] An Act to authorize the increase of the Capital Stock of the Georgia Railroad Banking Company. Section 1. Be it enacted by the General Assembly of the State of Georgia , That for the purpose of enabling the Georgia Railroad Banking Company to re-build their depots and machine shops, renew their rolling stock and re-place their iron, all of which were destroyed or greatly damaged and depreciated by the acts of war, the Georgia Railroad Banking Company is hereby authorized and empowered to increase the capital stock of said company to a sum not to exceed the sum of five millions dollars; and the said increase of capital, when made by said company, shall stand upon the same footing, have the same privileges and exemptions, and be subject to the same restrictions and responsibilities of the existing capital stock of said company: Provided , That the said increased capital stock shall be paid for in cash at par value. Capital stock of Company may be increased. Proviso.

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Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 12, 1870. [No. 23.O. 63.] An Act to Establish a System of Public Instruction. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Governor, the Attorney General, the Secretary of State, the Comptroller General and the State School Commissioner shall constitute a board to be denominated The Georgia State Board of Education. Of this board the State School Commissioner shall be the chief executive officer. The clerk of the State School Commissioner, as hereinafter provided for, shall be the clerk of the State Board of Education. He shall have the custody of its records, papers and effects, and keep minutes of its proceedings: Provided , That such records, papers and effects, and minutes, shall be kept at the office of the Commissioner, and shall be open for inspection. State Board of Educationhow organized. Name and style. Proviso. Sec. 2. And be it further enacted , That the said board shall meet upon the call of its President, or a majority of its members, who shall constitute a quorum, at the office of the State School Commissioner, at the Capital, or at such other places as may be designated in the call. Meeting of boardwhen and where held. Sec. 3. And be it further enacted , That the board may take and hold, to it and its successors, in trust for the State, any grant or devise of lands, and donation or bequest of money, or other personal property, made to it for educational purposes, and shall, forthwith, pay over to the Treasurer of the State for safe keeping all money and personal property so received, taking therefor a receipt from said officer. The General Assembly may, from time to time, invest such money in the name of the State: Provided , That all money so obtained for educational purposes, with the profits accruing from its investments, shall be subject for final use only for educational purposes in the State. The State Treasurer shall pay to the order of the board the income and principal thereof, as it from time to time may require, consistent with law; but no disposition of any devised donation or bequest shall be made inconsistent with the condition or terms thereof. For the faithful keeping of all property so received by the Treasurer, he shall be responsible, upon his bond, to the State, as for other funds received by him in his official capacity. Powers. Proviso. Sec. 4. And be it further enacted , That the State Board of Education

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shall shall devise, adopt and procure a seal, on the face of which shall be the words, Department of Education, State of Georgia, and such other device or motto as the board may direct, an impression and written description of which shall be recorded in the minutes of this board, and filed in the office of the Secretary of State, which seal shall be used for the authentication of the acts of the board, and the important acts of the State School Commissioner. Seal. Description of Seal Sec. 5. And be it further enacted , That the State Board of Education shall prescribe, from time to time, what text-books and books of reference shall be used in the common schools of the State: Provided , That the Bible shall not be excluded from the public schools of the State. Books for use of schools. Sec. 6. And be it further enacted , That the State Board of Education shall, within five days after the meeting of each and every annual session of the Legislature, lay before that body an account in detail of all the doings of said board, with such observations upon the condition and efficiency of the system of popular education, and such suggestions as to the most practicable means of extending and improving it, as the experience and reflection of the board may dictate. Annual report to Legislature. STATE SCHOOL COMMISSIONER. Sec. 7. And be it further enacted , That the State School Commissioner shall be appointed by the Governor and confirmed by the Senate. He shall be charged with the administration of the system of public instruction and a general superintendence of the business relating to the common schools of the State, and of the school funds and school revenues set apart and appropriated to their support. A suitable office shall be furnished him at the seat of government, at which the books, papers and effects relating to the business of said office shall be kept, and there he shall give reasonable attendance to the business and duties of the office. He shall render an opinion in writing to any school officer asking the same, touching the administration or construction of the school law. State School Commissionerby whom appointed. Duties. Must give opinion in writing. Sec. 8. And be it further enacted , That before entering upon the exercise of his official duties, the said Commissioner shall take and subscribe to the same oath required of other officers of this State. Oath of office. Sec. 9. And be it further enacted , That he shall prescribe suitable forms and regulations for making all reports and conducting all necessary proceedings under this Act, and shall cause the same, with such instructions as he may deem necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith: Provided , that appeals may be made from the State

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School Commissioner to the State Board of Education, whose decision on all matters relating to the schools shall be final. School Commissioner shall make rules. Sec. 10. And be it further enacted , That it shall be the duty of the Commissioner to visit, as often as possible, the several Senatorial districts, to examine into the administration of the school law in said districts; and to counsel with the school officers, and do such other acts as may be deemed best to subserve the interest of popular education. School Commissioner shall visit Senatorial Districtsfor what purpose. Sec. 11. And be it further enacted , That it shall be the duty of said Commissioner to apportion equitably the revenue to be raised as hereinafter provided, to the different school districts of the State, upon the basis of the aggregate of youths between six and twenty-one years of age, in each district; and he shall draw his warrant upon the Treasurer of the State for the sum belonging to each county according to said apportionment. He shall see that the money to be used for the purposes of education is not misapplied, and that the proper actions provided by law are brought against all officers and agents of the system who are liable to the same. Apportionment of School Fund. Sec. 12. And be it further enacted , That it shall be the duty of said Commissioner to, at the same time, with the State Board of Education, make an annual report in each and every year to the General Assembly, and he shall have power to require of local boards of education, trustees or other school officers, and of clerks and treasurers of counties, recorders and treasurers of cities and villages, copies of all reports by them required to be made, and all such other information in relation to the fund and condition of schools, and the management thereof, as he may deem important. Annual report to the General Assembly. Sec. 13. And be it further enacted , That the State Commissioner, in the annual report of his labors and observations, shall present a statement of the condition and amount of all funds and property appropriated to the purposes of education; a statement of the number of common schools of the various grades in the State; the number of scholars attending such schools, their sex, color and the branches taught; a statement of the number of select and private schools in the State, so far as can be ascertained, and number of scholars attending such schools; their sex and the branches taught; the total number of children of school age in the State, so near as can be ascertained; a statement of the estimates and accounts of the expenditures of the Public Fund of every description; a statement of plans for the management and improvement of common schools, and such other information relative to the educational interest of the State as he may think important. Shall report amount and state of School Fund Number of schools and scholars, c. Estimate of expenditures. Sec. 14. And be it further enacted , That the said Commissioner shall be entitled to receive for his services the sum of $2,500 annually, in quarterly installments, from the School Fund of the State; and all his necessary traveling expenses, incurred in the

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performance of his official duties, and all postage and other expenses, absolutely necessary, arising in his office, shall be paid out of the School Fund. He shall keep an itemized account of all expenses connected with his department, which account shall be audited by the State Board of Education. He shall be allowed one clerk, at a salary not to exceed $1,200, to be paid out of the School Fund. Salary of Commissioner. Account of expenses. Clerk-salary of COUNTY BOARD OF EDUCATION. Sec. 15. And be it further enacted , That hereafter each and every county in the State shall compose but one school district for all purposes connected with the general interest of education in the county, and shll be confided to the management and control of a Board of Education, and the several school districts or fractional parts thereof, which now are, or may be hereafter, established in the several counties of the State, shall be regarded as sub-districts and be confided to the management and control of local directors as hereinafter provided. School districts. Sub-districts. Sec. 16. And be it further enacted , That the County Board of Education shall consist of one person from each militia district, and one person from each ward in any city in the county, and one from each incorporated town, who shall be elected by the legal voters of said district, ward or incorporated town, at some suitable place designated therein; and the term of office of said board shall be two years, or until successors are elected, the first election for which shall be on the first Saturday in January, 1871, and on the same day every second year thereafter. County Board of Educationhow organized. By whom elected. Term of office. Electionwhen held. Sec. 17. And be it further enacted , That they shall meet on the first Tuesday of the month succeeding that of their election, at the court-house of their respective counties, which place shall be thereafter the regular place of meeting of said board, and organize by electing one of their members president, and a secretary, which last mentioned officer shall also, by said election of the board, become the County School Commissioner. A majority of the board shall constitute a quorum for the transaction of business. It shall be the duty of said secretary to be present at the meeting of the board, and to record in a book to be provided for the purpose all their official proceedings, which shall be a public record, open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the President and Secretary. Meeting of County Brd. President and Secretary elected. Secretary is County Commissioner. Duties of Secretary. Sec. 18. And be it further enacted , That it shall be the duty of the County Board of Education to hold regular sessions on the first Tuesday of the month succeeding their election, and regularly thereafter each three months at the court-house of the county, for the transaction of business which may be necessary in relation to

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the subject of either the primary or graded schools of the county, with power to adjourn from time to time. In case of the absence of the Secretary, they may appoint one of their own number to serve temporarily as clerk. Regular sessions of Co. Boardswhen held. Absence of Secretary. Sec. 19. And be it further enacted , That the County Board of Education first constituted under this Act shall, at their first meeting, proceed to carefully lay out and describe sub-districts, as hereinafter mentioned, throughout their respective counties. The said board and their successors in office shall prepare, or cause to be prepared, a map of their district as often as they may deem necessary, on which shall be designated the sub-districts of their districts, which they may change or alter at any regular session, and the number of scholars assigned to each, but no sub-district shall contain within its limits less than thirty pupils resident, by enumeration, except where, in the opinion of the board, it is necessary to reduce the number, as in cases hereafter provided for in AMBULATORY schools; and it shall be the duty of the board to establish a school in each sub-district, of such grade as the public good, in their opinion, may require; and in the location of primary schools, or schools of higher grade, the board shall have reference to population and neighborhood, paying due regard to any school house already built, or site procured, as well as to all other circumstances proper to be considered, so as to promote the best interest of the schools. County Boards shall lay out sub-districts. Shall prepare map of district. Number of pupils to a sub-district. Location of primary schools. Sec. 20. And be it further enacted , That the said Boards of Education, in their respective counties, shall be a body politic and corporate in law, and as such may contract and be contracted with, sue and be sued, plead and be impleaded in any court of the State having competent jurisdiction, and receive any gift, grant, donation or devise made for the use of schools within their jurisdiction; and, moreover, they shall be, and they are hereby, invested in their corporate capacity with title, care and custody of all school houses, sites, school libraries, apparatus or other property belonging to the district as now organized, or which may hereafter be organized, within the limits of their jurisdiction, with all power to control the same in such manner as they may think will best subserve the interest of common schools and the cause of education; and when, in the opinion of the board, any school house site has become unnecessary, they may sell and convey the same in the name of the County Board of Education of the proper district, such conveyance to be executed by the Chairman and Secretary of said board, and all conveyances of real estate which may be made to said board shall be to said board in their corporate name and to their successors in office. Name and stylemay sue and be sued. Control of school houses, libraries, c. May sell school house site. Sec. 21. And be it further enacted , That the County Board of Education may establish such graded schools in their respective counties as they may think proper, with full power in respect to

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such schools to employ, pay and dismiss teachers; to build, repair and furnish the necessary school houses, purchase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as they may deem proper; and it shall be the duty of said board of education to exercise all the powers conferred on local trustees in respect to sub-district schools, whenever such local trustees shall neglect to discharge their duties in any sub-district, as required by this Act; and it shall also be the further duty of said board to prescribe rules and regulations for the government of the schools within their jurisdiction, consistent with the regulations prescribed by the State Commissioner for the management of the same. General powers. Board shall prescribe rules. Sec. 22. And be it further enacted , That it shall be the duty of the County Commissioners to hold public examinations of all applicants for license to teach within their respective counties, and before their respective County Board of Education, at each regular time of meeting of said board at the county site. Said commissioner shall be allowed to invite to assist in the examination of teachers any persons they may deem proper. If, from the ratio of correct answers, and other evidences disclosed by the examination, the applicant is found to possess knowledge which is sufficient in the estimation of the board to enable said applicant to successfully teach in a common school of the State, orthography, reading, writing, arithmetic, English grammar and geography, and to govern such a school, said commissioners shall give to said applicant a license of the first, second or third grade, according to the ratio of correct answers and other evidences of qualification given upon said examination. The standard of which grade of license shall be fixed by the State Commissioner, and said license shall be good for one, two or three years, according to its grade. And all applicants before being licensed shall produce to the commissioner satisfactory evidence of good moral character. Examination of teachers. Grade of teachers' license in accordance with the ratio of correct answers. Sec. 23. And be it further enacted , That the County Commissioner shall have power, and it shall be his duty, to revoke licenses granted by him or his predecessors, for incompetency, immorality, cruelty, or general neglect of the business of the school; and the revocation of the license of any teacher shall terminate the connection of said teacher with any school which said teacher may have been employed to teach; but any teacher so dismissed shall have the right to appeal to the County Board of Education, whose decision shall be final, unless appeal is made by said teacher within ten days after said dismissal to the State School Commissioner. County Commissioner may revoke licensefor what cause. Appeal. Sec. 24. And be it further enacted , That the County Commissioner shall provide a blank book, in which he shall keep minutes of his proceedings, and shall deliver said record and all the books, papers, and property appertaining to his office to his successor.

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He shall report annually to the State School Commissioner the names of all persons to whom he has granted licenses, with the grade of such licenses; giving number of males and females; the number but not the names of all applicants for license who have been rejected, and the names of those whose licenses have been revoked. County Commissioner shall keep a journal of his official acts. Annual report to State School Commissioner. Sec. 25. And be it further enacted , That said County Commissioners shall constitute the medium of communication between the State School Commissioner and subordinate school officers and the schools. They shall decide all points of difference between trustees of any school district, subject to appeal to the County Board of Education. They shall visit the schools of their respective districts as often as they may deem it necessary during each term, but they shall visit each school in their respective districts at least once each year, for the purpose of increasing their usefulness; elevating, as far as practicable, the poorer schools to the standard of the best; advising and securing, as far as practicable, uniformity in their organization and management, and their conformity to the law and the regulations and instructions of the State School Commissioner. They shall receive from the trustees their reports of enumeration and their regular school and other reports which are required by law to be made to them, and otherwise gather the necessary data and information, including that in relation to private schools, high schools, colleges, and other institutions of learning within their respective districts, so as to present a view of the educational facilities, and enable them to make full and complete reports to the State School Commissioner. They shall advise the trustees as to the most approved school furniture, apparatus, and educational agencies, and shall furnish the trustees and teachers with regular forms, blanks, instructions, regulations and reports issued from the Department of Education which relate to the respective branches of the school service. General duties of Co. Commissioner. Sec. 26. And be it further enacted , That the County Commissioner shall, on or before the first day of November in each year, make out and forward to the State School Commissioner the enumeration of his district, with the same particular discrimination required of trustees. He shall also furnish the statistical information which trustees are required to report to him, in such form as may be prescribed by the State School Commissioner. Shall report annually the enumeration of his district. Sec. 27. And be it further enacted , That the said County Commissioner shall receive three dollars for each day actually employed in the discharge of the duties required by this Act, the same to be paid out of the Educational Fund furnished the county. His claim for services shall be filed in a bill of accounts against the County Board of Education, and be verified by affidavit to the effect that the said account is just and true; that the service therein named was honestly and faithfully rendered, and that the account therein

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claimed is rightly due and remains unpaid. When said account shall have been duly audited by the County Board of Education, the County Treasurer shall pay the said Commissioner out of the revenue aforesaid: Provided, however , That the County Board of Education shall have power to determine the number of days in each year in which said County Commissioner may labor in the performance of the duties required of him. Compensation of Co-Commissioner. Account sworn to. Proviso. SCHOOL DIRECTORS, OR TRUSTEES. Sec. 28. And be it further enacted , That the legal voters of each sub-district shall, upon the first Saturday in January in each year, elect three school trustees, one for a term of three years, one for a term of two years, and one for a term of one year; and annually thereafter said legal voters shall, on the first Saturday in January, elect one school trustee for the term of three years. School Truste eswhen elected. Term. Sec. 29. And be it further enacted , That the said trustees, within five days after their election, shall take an oath or affirmation faithfully and impartially to discharge the duties of their office, which said oath the trustees are authorized to administer to each other. And in case a vacancy shall occur in the office of trustee, either by death, resignation, refusal to serve, or otherwise, it shall be the duty of the remaining trustees to fill such vacancy within ten days after such vacancy may occur, by appointment of some suitable person residing in said district, who shall hold the office until the time of the annual election, when a trustee shall be elected for the remainder, if any, of the unexpired term, in the manner prescribed in the preceding section. Oath. Vacancieshow filled. Sec. 30. And be it further enacted , That it shall be the duty of the trustees in each sub-district to take the management and control of its local interest and affairs; to employ teachers; to certify the amounts due them to the County Commissioner; to at any time, for reasons deemed sufficient, report them for dismissal to the County Board of Education, and to visit the school of their district at least twice during each term, by one or more of their members, with such other person or persons, competent to examine pupils in their studies, as they may choose to invite: Provided , If any person shall be employed by the trustees aforesaid who has not received a certificate of his or her competency from the County Commissioner, said person shall not be allowed any compensation for his or her services; and any person desiring to teach in any county other than that in which they have obtained license, shall, before so doing, have said license countersigned by the School Commissioner of the county in which they may design to teach. Duties of rustees. Teachers without certificate of competency forfeit compensation. Sec. 31. And be it further enacted , That it shall be the duty of the trustees, in their respective districts, to negotiate and make, under such rules and regulations as the County Board of Education

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may prescribe, all necessary contracts in relation to providing fuel for schools, repairing, building or furnishing school houses, purchasing or leasing school house sites, renting school houses, and making all other provisions necessary for the convenience and prosperity of the schools within their districts; and the funds for all such expenditures shall be raised by a tax levied upon the taxable property of said district, and by assessment on the labor of the qualified voters of the same, as may be determined by the County Board of Education; and wherever an assessment is made on the labor of any voter, said assessment may be discharged by labor. Turutees to make contracts for building furnishing schools, c. Funds to be raised by taxation. Assessment on labor. Sec. 32. And be it further enacted , That it shall be the duty of the trustees, in their respective districts, to make all necessary arrangements for the instruction of the white and colored youth of the district in separate schools. They shall provide the same facilities for each, both as regards school houses and fixtures, and the attainments and abilities of teachers, length of term, time, c.; but the children of the white and colored races shall not be taught together in any sub-district of the State. Separate schools for white and colored children. Sec. 33. And be it further enacted , That it shall be the duty of the trustees in each school district to take, or cause to be taken, annually, between the first and fifteenth of October in each year, an enumeration of all the unmarried white and colored youths, noting them separately, between the ages of five and twenty-one years, residents within the said school district, and not temporarily there, designating between male and female, and return a certified copy thereof to the County Commissioner; and in case the trustees, in any school district, shall fail to take and return said enumeration, it shall be the duty of the County Commissioner to employ a competent person to take the same, and allow him a reasonable compensation for his services from the school fund, and shall proceed to recover the amount for such service, in a civil action before any court having jurisdiction, in the name of the State of Georgia, against said trustees in their individual capacity; and in such suit said County Commissioner shall be a competent witness, and the money so collected shall be applied to the use of the common school in said sub-districts. The County Commissioner shall make an abstract of the enumeration so returned to him, designating the number of youths in each district, and transmit such abstract, duly certified, to the State Commissioner on or before the first day of November in each year. Annual enumeration. Enumerationby whom takenif trustees fail. Abstract of enumeration to be transmitted to State Commissioner. Sec. 34. And be it further enacted , That it shall be the duty of said trustees to record their proceedings in a book provided for the purpose, together with the minutes of the proceedings of all school meetings held in such district by the qualified voters thereof, which shall be a public record, and all such proceedings, when so recorded, shall be signed by the majority of said trustees. The

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trustees may meet as frequently as they may think necessary for the transaction of business, but shall receive for their services as trustees no compensation or endowments of any kind whatever. Trustees must keep minutes of their proceedings. Shall receive no compensation. TEACHERS. Sec. 35. And be it further enacted , That it shall be the duty of the teachers to make and file with the County Commissioner, at the expiration of each term of school, a full and complete report of the whole number of scholars admitted to the school during such term, distinguishing between male and female, colored and white, the average attendance, the books used, the branches taught, the number of pupils engaged in the study of each of said branches, and such other statistics as he or she may be required to make by the trustees of said sub-district or by the State School Commissioner, and until such report shall have been certified and filed by said teacher as aforesaid, it shall not be lawful for said trustees to audit the account of said teacher for his or her services. Teachers must make report to Co. Commissionerwhen. Teachers' accounts not audited until report is made. Sec. 36. And be it further enacted , That each and every lot, or parcel of land which heretofore has been or hereafter shall be appropriated for the use of common schools in this State on which there has been or shall be a school house erected, and which has been or shall be occupied for the purpose of accommodating the common school, of whatever grade, in the usual manner, from time to time, howsoever or by whomsoever the legal title to the same may be held and vested, shall be and is hereby exempted from sale on any execution or other writ or order in the nature of an execution, and all taxes, State and county: Provided , That the lot of land so exempted shall not exceed four acres, and if there be any excess, that portion most convenient for school purposes shall remain exempt, as aforesaid, to be determined by the proper school trustees or other officers having charge of schools: Provided further , That nothing in this Act shall be so construed as to interfere in any way with private schools or private school property. School estates exempt from levy, sale taxation. Proviso. Private school property. Sec. 37. And be it further enacted , That whenever and wherever not less than thirty-five youths between five and twenty-one years of age may be found not already provided for, the territory containing said children shall be, so soon as practicable after the passage of this Act, constituted by the County Board of Education in whose purview it is found, a sub-district, and provided with buildings and other appliances for school purposes. Subdistrictshow organized. Sec. 38. And be it further enacted , That admissions to schools of higher grades than primary shall be gratuitous to the children, wards, and apprentices of all actual residents in the districts possessing said schools who may be entitled to the privileges of the public schools, under the general laws of this State: Provided , That said board shall have power to admit to said schools other

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pupils, upon such terms or upon the payment of such tuition as they may prescribe. Admission to high schoolsgratuitous to whom. Proviso. Sec. 39. And be it further enacted , That the Board of Education of any county may, at their discretion, upon their respective fields, provide a suitable number of evening schools, for the instruction of such youth, over fourteen years of age, as are prevented by their daily avocation from attending day schools, subject to such regulations as said board from time to time may adopt for the government thereof. Evening schools. Sec. 40. And be it further enacted , That the Board of Education of any county, including the County Commissioner and local trustees of any sub-district, shall, according to regulations hereinbefore prescribed for schools, make the necessary provisions for continuing in operation the schools over which they may have jurisdiction, for the term of three months in each year, except as hereinafter allowed in case of ambulatory schools; and in case the Board of Education of any county, or the local officers of any sub-district, shall fail to make the necessary provisions for continuing the schools in operation the length of time herein required, such graded or high schools, and primary schools, as the case may be, shall not be entitled to any portion of the school fund arising from the State tax during the next succeeding school year, and such forfeited State school funds shall be distributed to the other several sub-districts of the county, in proportion to the enumeration of youth; and such of the officers above referred to as shall neglect or refuse to comply with the provisions of this section, shall be individually responsible for all losses sustained by any district or sub-district by reason of such neglect or refusal to comply with the provisions of this section, and shall be severally and jointly liable for the same in a civil action, to be brought by the County Commissioner in the name of the State of Georgia; and the amount so recovered shall be apportioned to the several sub-districts in the same manner as the school funds would have been. Term of continuing schools in operation annually. Upon failure, forfeit School Fund Neglecting officers individually responsible. Sec. 41. And be it further enacted , That the quota of the general school fund found belonging to each county in the State shall be, at the close of each fiscal school year, upon an order of the State Commissioner on the Treasurer, sent to and deposited with the respective County Treasurers, who shall be holden for such amount upon their official bonds as Treasurers, who shall disburse the same to the various school districts in his county, upon order of the trustees, countersigned by the County Commissioner or County Board of Education. County school fund to be deposited with Co. Treasurers. Disbursement. AMBULATORY SCHOCLS. Sec. 42. And be it further enacted , That whenever and wherever there shall be found three militia districts contiguous, or in near

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proximity to each other, containing each not less than 15 children of school age, provisions shall be made whereby schools may be kept in each two months annually. The place of holding the school shall be in locations most convenient to the larger number of the children, and the school terms so arranged that any one teacher may supply at least three schools. The districts referred to in this section shall be under the control of trustees, whose elective duties shall be the same as those in the more populous sub-districts; and the maintenance of a school in each militia district described in this section, for two months in each year, shall be held as compliance with terms contained in Section 40 of this Act, regulating the time entitling to the apportionment of school funds. Ambulatory Schools. COMMON SCHOOL FUND. Sec. 43. And be it further enacted , That for the support and maintenance of the common schools of this State, the poll tax, special tax on shows and exhibitions, on the sale of spirituous and malt liquors, the proceeds arising from the commutation of military services, all endowments, devises, gifts and bequests made, or hereafter to be made, to the State, or State Board of Education, any and all educational funds and incomes not belonging to, and due the State University, and one-half of the net earnings of the Western Atlantic Railroad, are hereby appropriated to the State Common School Fund; and it shall be the duty of the State Board of Education to determine the amount which, in addition to the foregoing, should be raised annually by taxation upon all the taxable property of the State, and to report annually to the General Assembly the estimate which they may find necessary to support a school in every school district in the State, of at least three months in each year, in the manner provided in this Act, the same to be apportioned with other funds, as hereinafter directed. Common School Fundhow made up. State Board of Education must determine additional amounts to be raised by taxation. Sec. 44. And be it further enacted , That the County Board of Education shall have power to organize in each county one or more Manual Labor Schools, on such plan as will be self-sustaining: Provided , The same be approved by the State Board of Education. Manual labor schools. Proviso. Sec. 45. And be it further enacted , That nothing contained in this Act shall prevent the collection of any accounts rendered from a private school, or the teacher thereof, for the education of beneficiaries of the common school fund, in localities where the common school may not have been organized: Provided , That such accounts shall have been first duly audited by the Board whose duty it is to audit all school accounts. This Act shall not prevent collection of private sch'l accounts. Sec. 46. And be it further enacted , That the State Board of Education shall not be permitted to introduce into the schools any text or miscellaneous books of a sectarian or sectional character. Sectarian books.

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Sec. 47. And be it further enacted , That the Secretary of State shall, as soon as practicable, make, or cause to be made, a digest of all the laws of force in this State relating to schools and education. Secretary of State to make digest of school laws. Sec. 48. And be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 13, 1870. [No. 24.O. 64.] An Act to extend the lien of set-off and recoupment, as against debts contracted before the first day of June, 1865, and to deny to such debts the aid of the Courts until the taxes thereon have been paid. Section 1. Be it enacted by the General Assembly of Georgia , That in all suits pending, or hereafter brought in or before any court of the State, founded upon any debt or contract, or cause of action made or implied before the 1st day of June, 1865, or upon any other debt or contract in renewal thereof, it shall not be lawful for the plaintiff to have a verdict or judgment in his favor, until he has made it clearly appear to the tribunal trying the same that all legal taxes, chargeable by law upon the same, have been duly paid for each year since the making or implying of said debt or contract. No verdict or judgment for plaintiff, unless he paid legal taxes. Sec. 2. In any suit now pending, or hereafter brought, it shall be the duty of the plaintiff, within six months after the passage of this Act, if the suit be pending, and at the filing of the writ, if the suit be hereafter brought, to file with the Clerk of the Court of Justice an affidavit, if the suit is founded on any debt or contract, as described in Section 1: That all legal taxes, chargeable by law upon such debts or contracts, have been duly paid, or the income thereon for each year since the making of the same, and that he expects to prove the same upon the trial. And upon failure to file such affidavit as herein required, said suit shall, on motion, be dismissed. Affidavit of plaintiffwith whom filed. Sec. 3. In suits upon such contracts, in every case the burden of proof showing that the taxes have been duly paid, shall be upon the party plaintiff, without plea by the defendant, and the defendant may, upon this point, cross examine witnesses, introduce proof in denial and rebuttal, to the plaintiff's proof without plea. Burdens of proof on plaintiff. Sec. 4. In every trial upon a suit founded upon any such debt or contract as described in this Act: Provided , That said debt has been regularly given in for taxes, and the taxes paid, shall be a condition precedent to recovery on the same, and in every such

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case, if the tribunal trying is not clearly satisfied that said taxes have been duly given in and paid, it shall so find; and said suit shall be dismissed. Suits dismissed when. Sec. 5. No execution founded on any debt or contract shall proceed to levy or sale, until the plaintiff or owner thereof shall attach thereto his affidavit, that all legal taxes, chargeable by law, by him, on said debt, have been duly paid, from the time of making, or implying of said contract, until the day of such attaching of said affidavit, and any defendant or claimant of property, levied on by said execution, may stop the same, as in cases of affidavit of illegality, by filing his affidavit denying that said taxes have been paid, and said affidavit shall be returned and tried, and have effect as in other cases of illegality. No execution shall be levied without plaintiff's affidavit. Defendant may stop execution. Sec. 6. In all suits now pending, or hereafter to be brought in any court in this State, founded on any such contract, or upon any debt in renewal thereof, it shall be lawful for the defendant to plead and prove in defense, and as an offset to the same, any losses the said defendant may have suffered by, or in consequence of the late war against the United States, by the people of this and other States, whether said losses be from the destruction or depreciation of property, or in any other way be fairly caused by said war, and the results thereof. Defendant may file a plea of set-off as to losses sustained by the war. Sec. 7. No plea or proof, under this Act, of damage, or loss as aforesaid, shall be had as setting up damages too remote or speculative, if it only appeared that it was fairly and legitimately produced, directly or indirectly, by said war, or the results thereof. Damages. Sec. 8. No set-off, pleaded under this Act, shall entitle the defendant to any judgment in his favor, for any such damages, only so far as to set-off the same against the plaintiff's claims. Effect of plea of set-off. Sec. 9. In all cases where any debt, as described in the first section of this Act, has been reduced to judgment and is still unsatisfied, it shall be lawful for the defendant to set-off against said judgment said loss or damage against the same, as a credit on the same, in the same terms as is provided in this Act, when the debt has not been reduced to judgment, as follows: in term time, the defendant may move in open court to have said credit made, setting forth in the motion the grounds of the same; upon this motion the plaintiff may join issue, and the issue shall be tried by jury, whose verdict shall be final on the facts. Loss or damage may be set off against judgment. Sec. 10. If execution has issued and be proceeding, the defendant may file an affidavit, setting forth his claim and the grounds thereof, which shall be returned and tried, and shall operate, as is provided by law, in case of other illegalities: Provided , The said affidavit shall set forth that such credit was not plead or allowed in the original trial; the fact that said credit or set-off existed at the date of the judgment shall be no objection thereto: And provided further , That if the defendant in said judgment has already

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had the said debt reduced, under the Relief Act of 1868, the set-off or credit under this Act shall not be allowed on the same. Executive proceeding may be stopped by affivit of illegality. Proviso. Sec. 11. When a judgment is proceeding against property which the defendant has sold, the owner thereof may set-off against the same, his losses or damages by said war, on the same terms as are provided in this Act for the defendant. Owner of property may set-off against judgmentwhen. Sec. 12. In all suits now pending, founded on any such contract as described in the first section of this Act, the cause shall not be ready for trial until the affidavit of the plaintiff required by the several sections of this Act shall have been duly filed in the Clerk's office, or notice thereof given to the defendant, at least three months before the trial. Causewhen ready for trial. Sec. 13. And be it further enacted , That nothing contained in this Act shall be so construed as to apply to effect or hinder any judgment or execution, issued from any of the courts of this State, when on the trial thereof the relief plea allowed under the Act of 1868 was filed and sustained by the court, the facts submitted and passed upon by the jury, nor to any note given in renewal of a note given prior to June, 1865, when that debt was reduced, and the equities agreed upon by the parties under the Relief Act of 1868. This Act not to affect judgment, c., where defendant had the benefit of Relief Act of 1868. Sec. 14. Nothing in this Act shall be so construed as to effect any claim due any widow, or minor, contracted prior to June 1st, 1865, but such claims shall be settled upon the principles of equity, taking into consideration the relative loss of property sustained by the plaintiff and defendant. Not to affect claims due widows and minors. Sec. 15. Be it further enacted , That nothing in the foregoing sections of this Bill shall be so construed as to extend the relief contemplated in said foregoing section, to any defendant or defendants, who may be at the time of the commencement of such action, or who may have been at the commencement of such actions, heretofore brought, in possession of the property, for the purchase of which said contract was entered into, nor shall any administrator, executor, guardian, or trustee, be entitled to the benefits of this Bill, who may have acted fraudulently in such capacity, or who may have willfully or negligently mismanaged the property in their charge: Provided , The defendant may elect to give up the property in his possession, for which such contract was entered into, and such election shall be the full discharge of such indebtedness. Administrators, executors, c. Proviso. Sec. 16. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 13, 1870.

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[No. 25.O. 70.] An Act to create and organize two new Judicial Circuits out of the counties composing the Southwestern, Brunswick and Southern Circuits, and to provide for the appointment of Judges thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, there shall be created and organized two new Judicial Circuits in this State, to be called the Albany Circuit, and the Allapahan Circuitthe first to be composed of the counties of Dougherty, Calhoun, Baker, Decatur, Mitchell, and Worth; and the latter to be composed of the counties of Lowndes, Echols, Clinch, Coffee, and Ware. Albany and Allapahan Judicial Circuits created. Sec. 2. Be it further enacted , That there shall be appointed by the Governor for the term prescribed by the Constitution, and to be confirmed by the Senate, a Judge of the Superior Court for each of said new Circuits, and a Solicitor General for said Allapahan and Southwestern Circuits. Governor to appoint Judges and Solicitors General. Sec. 3. Be it further enacted , That courts shall be held in each county at the time now prescribed, except Lowndes, which shall be held the first and second weeks in June and December of each year, beginning on the first Monday in each of said months, and jurors shall be drawn accordingly. Time of holding Superior Cou't Jurors. Sec. 4. Be it further enacted , That R. H. Whiteley, the present Solicitor General of the Southwestern Circuit, be, and he is hereby, declared to be the Solicitor General for said Albany Circuit for and during the time for which he was commissioned for said Southwestern Circuit. Sol. Gen. of Albany Circuitwho is Sec. 5. Be it further enacted , That until such appointments and confirmations the Judges of the Superior Courts and the Solicitors General of the Southwestern, Brunswick and Southern Circuits shall continue to discharge the duties now resting upon them in their respective counties, from which the aforesaid new circuits are made for said counties. Present Judges and Solicitors to discharge their duties now resting upon them-until when. Sec. 6. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 17, 1870. [No. 26.O. 71.] An Act to lay out and organize a new county from the counties of Warren and Columbia, and for other purposes therein specified. Section 1. Be it enacted by the General Assembly of Georgia , That from and immediately after the passage of this Act, a new county

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shall be, and the same is hereby, laid out from the counties of Warren and Columbia, to be included within the following limits, to-wit: beginning at the mouth of Cane Creek, and running up said creek to the Washington road; from thence to Shiloh Lane; thence along the Thomson road to Cobham, including Cobham in the new county; from thence on a direct line to the headwaters of Boggy Gut Creek; thence to the Richmond county line: thence along the Richmond county line to Big Brier Creek; up Big Brier Creek to the mouth of Little Brier Creek; thence up Little Brier Creek to the ford, the original crossing from Brier Creek church to the Nunn place and to Barnby's mills; from the last mentioned ford over Brice Creek to the mouth of the Gin branch, said branch being west of A. J. Story's house, so as to include John Cason; from thence to a point west of James Hardaway's house on the district line between said James Hardaway's and E. C. Hardaway's; from thence a direct line to the point where the Washington road crosses Little River at Dyer's mill; from Dyer's mill down Little River to the mouth of Cane Creek, the starting point. New county created. Boundaries defined. Sec. 2. Be it further enacted , That the new county described in the first section of this Act shall be called and known by the name of McDuffie, and shall be attached to the Fifth Congressional District, and to the Middle Judicial Circuit, and to the Twenty-ninth Senatorial District. Name of new county. How attached. Sec. 3. Be it further enacted by the authority aforesaid , That the persons included in said new county, entitled to vote for the same, shall, on the first Monday in January next, elect an Ordinary, a Clerk of the Superior Court, a Sheriff, a Coroner, Tax Collector and Receiver of Tax Returns, a County Surveyor and County Treasurer for said county; and that the election for officers shall be held at the several places where Justice's courts are now held, within the limits of said new county; and the Governor, on the same being certified to him, shall commission the persons returned as elected at such election, who shall hold their offices respectively for the terms prescribed by law, and until their successors are elected and qualified; and said Ordinary, after he shall be commissioned, shall proceed as soon as possible to lay off said new county into militia districts, and to advertise for the election of one Justice of the Peace in each district in which no Justice now in commission may reside; and the Governor, on being duly certified of the election of such Justices, shall commission them according to law. All officers now in commission within the limits of said new county shall hold their commissions, and exercise the duties of their several offices within said new county for the terms respectively for which they were elected, and until their successors shall be commissioned and qualified. County officerswhen and how elected. Electionwhere held. Governor to commission officers elected. Militia Districts. Officers within limits of new county to hold until success ors are commissioned and qualified. Sec. 4. Be it further enacted by the authority aforesaid , That the Ordinary of said county, after he shall be commissioned and qualified,

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shall have full power and authority, and shall, by the first of February, 1871, select and locate a site for the public buildings of said new county within the corporate limits of the town of Thomson, by which name the county site shall be known; and the Ordinary is hereby authorized to purchase or accept by donation suitable grounds for the public buildings of said new county. Site for public buildi'gs County site. Sec. 5. Be it further enacted by the authority aforesaid , That the papers appertaining to suits pending in either of said counties, out of which the new county is formed, when the defendants reside in such new county, shall be transferred to the proper officers of said new county, and there tried and disposed of; and that all mesne process, executions and other final process, in the hands of Sheriffs, Coroners and Constables of the counties, of which the new county is formed, and which properly belonging to said new county, and may have been levied and in part executed, and such proceedings therein not finally disposed of at the organization of said new county, shall be delivered over to the corresponding officers of said new county; and such officers are hereby authorized and required to proceed with the same and in the same manner as if such process had been originally in their hands: Provided , That cost then due shall be paid before the case shall be removed: And provided further , That in all cases publication of the time and place of sale and proceedings of like character in the new county shall be made for the time now prescribed by law, and all such process which properly belongs to the counties, out of which such new county is formed, which may be in the hands of the officers of said new county, shall be in like manner delivered over to the officers of said county, to be executed by them, in the manner herein prescribed. Papers to be transferred to the new countywhen. Mesne processes delivered to officers of new county. Procedure. Costs. Proviso. Sec. 6. Be it further enacted by the authority aforesaid , That the Superior Court of said new county shall be held on the first Mondays in April and October of each year, and the court of Ordinary shall be held at the times as prescribed by law for the different counties of this State. Time of holding Superior Cou't and Court of Ordinary. Sec. 7. Be it further enacted by the authority aforesaid , That all public business of said new county shall be transacted in the town of Thomson, in said new county, and said place shall be one of the election precincts for said new county so long as the county site is located at said town of Thomson. County site made election precin't Sec. 8. Be it further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 18, 1870.

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[No. 27.O. 72.] An Act to lay out and organize a new county from the counties of Newton and Henry, attach the same to a Senatorial, Judicial and Congressional District, and to provide for the location of a county site in such new county. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That from and after the first day of February next, a new county shall be laid out and organized from the counties of Newton and Henry, to be included within the following limits, to-wit: Beginning at the Peach-Stone Shoals on South River, running thence up said river to the north of Camp Creek; thence running up said creek to Flat Shoal Road in Henry county; running thence along said road to the land line between Robert M. Clark and John Calaway; thence along the present county line between the counties of DeKalb and Henry to the point on South River where the county line between DeKalb and Newton counties strikes said river; thence along the county line between the counties of DeKalb and Newton, to the point where the lines between the counties of DeKalb, Gwinnett, Newton and Walton intersect; thence along the county line between the counties of Newton and Walton to Little Haynes Creek; thence down Little Haynes Creek to its mouth; running thence down Big Haynes Creek to its mouth; running thence on a direct line to Peach-Stone Shoals on South River, the starting point. Rockdale co Boundaries. Sec. 2. And be it further enacted by the authority aforesaid , That the new county described in the first section of this Act shall be called and known by the name of Rockdale county, and shall be attached to the Twenty-seventh Senatorial District, the Flint Judicial Circuit, and to the Fourth Congressional District, and to the brigade of the division of the Georgia militia. Name of co. How attached. Sec. 3. And be it further enacted by the authority aforesaid , That the persons included within the said new county, entitled to vote for the same, shall, on the first Wednesday in February next, elect an Ordinary, a Clerk of the Superior Court, a Sheriff and Coroner, a Tax Collector and Receiver of Tax Returns, and County Surveyor for said county, and that the election of said county officers shall be held at Conyers, now in Newton county, in the 476th District of said county, and shall be conducted in the manner prescribed by law; and the Governor, on the same being certified to him, shall commission the persons returned to him as elected at such elections, to hold their offices respectively for the term prescribed by law; and the Ordinary, after he shall have been commissioned, shall proceed to lay off said counties

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into militia districts, and advertise for the requisite number of Justices of the Peace in such districts; and the Governor, on being duly certified of the elections of such Justices of the Peace, shall commission them according to law. Election for county officerswhen and where held. Governor to commission those elected. Militia districts to be laid off. Election for Justices of the Peace. Sec. 4. And be it further enacted by the authority aforesaid , That the Ordinary, after he shall have been commissioned, shall have power and authority to appoint five commissioners, who shall have power and authority to select and locate a site for the public buildings of said county, within the corporate limits of the town of Conyers; and the said commissioners, or a majority of them, are hereby invested with the full power to purchase lots in the said town of Conyers, sufficient for the location of the public buildings, and to make such other arrangements or contracts as they may think proper for the erection of said buildings. Public buildings. Town lots. Sec. 5. And be it further enacted by the authority aforesaid , That the papers appertaining to all suits pending in either of said counties out of which this new county is formed, where the defendant resides in such new county, shall be transferred to the proper officers of such new county, and there tried and disposed of; and that all mesne process, executions and other final process in the hands of Sheriffs, Coroners and Constables of the counties of which the new county may be formed, and which properly belongs to said new county, and which may have been levied, or in part executed, and such proceedings therein not finally disposed of at the organization of said new county, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and required to proceed with the same, and in the same manner as if such process had been originally in their hands: Provided , That in all cases publication of the time and places of sale, and proceedings of a like character, in the new county, shall be made for the time prescribed by law; and all such process which properly belongs to the counties out of which such new county may be formed, which may be in the hands of the officers of said new county, shall in like manner be delivered over to the officers of said county, to be executed by them in the manner herein prescribed. Papers to be transferred to new co. if defendant resides in it. Mesne process, c., to be delivered to officers of new county. Publication to be made according to law. Other processes, c., to be delivered to officers of old counties. Sec. 6. And be it further enacted by the authority aforesaid , That the Superior Courts of said new county shall be held on the second Mondays in March and September. Time of holding Superior Co'ts Sec. 7. And be it further enacted by the authority aforesaid , That this Act shall not go into effect before the first day of February, 1871. The Act takes effectwhen. Approved October 18, 1870.

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[No. 28.O. 75.] An Act to repeal an Act entitled an Act to Encourage Immigration into the State of Georgia, and the investment of capital in lands. Section 1. Be it enacted by the General Assembly of the State of Georgia , That an Act entitled an Act to encourage immigration into the State of Georgia, and the investment of capital in lands, which Act became a law without the approval of the Executive, by lapse of time, March 8, 1869, be, and the same is hereby, repealed. Act to encourage immigration, c. repeal'd Sec. 2. Be it further enacted , That all laws in conflict with the above section be, and the same are hereby, repealed. Approved October 18, 1870. [No. 29.O. 87.] An Act to change the times of holding the Superior Courts of Paulding county, Georgia, and to legalize the return of writs and other processes to said courts, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the times of holding the Superior Courts of Paulding county in said State be, and the same are hereby, changed from the third (3d) Mondays of March and September to first (1st) Monday in February and August in each year. Terms Superior Co'rtwhen held in Paulding county. Sec. 2. Be it further enacted by the authority aforesaid , That all writs, processes and other proceedings, that are now returnable to the third (3d) Monday in September next of said court, or that may be made returnable to the third (3d) Monday of September next of said court, be, and the same are hereby, made returnable to the first (1st) Monday in February next of said court. Returnshow made. Sec. 3. Be it further enacted by the authority aforesaid , That this Act shall take effect from its passage. This Act takes effectwhen. Sec. 4. Be it further enacted by the authority aforesaid , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 18, 1870.

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[No. 30.O. 88.] An Act to change the time of holding the Superior Courts of the county of Morgan. Section 1. Be it enacted by the General Assembly of the State of Georgia , That after the passage of this Act the time for holding the Superior Courts of the county of Morgan shall be changed from the first Monday in May, and the first Monday in November to the first Monday in March, and the first Monday in September in each year. Superior Courts of Morgan cowhen held. Sec. 2. Repeals conflicting laws. Approved October 18, 1870. [No. 31.O. 89.] An Act to change the time of holding the Superior Courts of certain counties therein named in the Eastern Circuit. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the spring term of the Superior Court of the county of Bryan be changed to, and held on, the fourth Monday in April; that the spring term of the Superior Court of the county of McIntosh be changed to, and held on, the Tuesday after the second Monday in April; and that the fall term of the Superior Court of said county of McIntosh be changed to, and held on, Tuesday after the fourth Monday in November; and that the fall term of the Superior Court of the county of Effingham be changed to, and held on the second Monday in November. Spring Term of Superior Court in Bryan countywhen held. In M'Intosh In Effingham. Sec. 2. Be it further enacted , That all writs, processes, and other matters made returnable to the present sittings of either of said courts be as good and as effectual as if no change in the time of holding said courts had been made as herein provided. Returns to said Courts. Sec. 3. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 18, 1870. [No. 32.O. 90.] An Act to add certain counties therein mentioned to the Southwestern Judicial Circuit, and to appoint a Solicitor General thereof, and for other purposes. Section 1. The General Assembly of Georgia do enact , That from and after the passage of this Act, that the counties of Schley,

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Webster, and Macon be, and the same are hereby, added to and made part of the Southwestern Judicial Circuit, and that the said Southwestern Circuit shall be composed of the counties of Sumter, Lee, Schley, Webster, and Macon, any law to the contrary notwithstanding. Schley, Webster and Macon co's transferred to S Western Circuit. Sec. 2. That there shall be appointed a Solicitor General for said circuit, and that the Solicitor heretofore appointed for the South-western Circuit be, and he is hereby, retained in office as Solicitor for the Albany Circuit during the term of his appointment as aforesaid. Solicitor General for South western Circuit. For Albany Circuit. Sec. 3. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 18, 1870. [No. 33.O. 91.] An Act to authorize the Ordinaries and Road-Commissioners of the several counties to classify the public roads of the several counties. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That from and after the passage of this Act, it shall be lawful for the several Ordinaries of this State, with the concurrence of a majority of the road commissioners of their respective counties, to designate such public roads in their respective counties, as in their discretion should be so designated as second class roads. Ordinaries and Road Commissioners may classify public roads. Sec. 2. Be it further enacted , That all roads so designated shall be so cleared of all stumps, trees, grubs and bushes, at least twenty (20) feet wide, and of such limbs and trees as may inconvenience horsemen or carriages: stumps to be cut as nearly even with the surface as possible, and the carriage track must be at least five feet and six inches wide. Roads shall be twenty feet wide. Sec. 3. Be it further enacted , That the road laws of this State now in force, so far as the same may be applicable to the roads which may, by authority of this Act, be designated second class roads, shall be observed in changing, working and otherwise managing the said second class roads. Road laws in relation to second-class roads. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 18, 1870.

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[No. 34.O. 92.] An Act to preserve the peace and harmony of the people of this State, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That from and immediately after the passage of this Act, no person in said State of Georgia be permitted or allowed to carry about his or her person any dirk, Bowie-knife, pistol or revolver or any kind of deadly weapon to any court of justice or any election ground or precinct, or any place of public worship, or any other public gathering in this State, except militia muster grounds. Carrying of deadly weapons in attending Courts, Elections, c., prohibited. Exception. Sec. 2. Be it further enacted , That if any person or persons shall violate any portion of the above recited section of this Act, he, she or they shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for each and every such offense, or imprisonment in the common jail of the county, not less than ten nor more than twenty days, or both, at the discretion of the court. Violation a misdemeanor. Penalty. Sec. 3. All laws and parts of laws militating against this Act are hereby repealed. Approved October 18, 1870. [No. 35.O. 93.] An Act to authorize the Comptroller General of this State to procure an official seal, and to establish the same. Section 1. The General Assembly of the State of Georgia do enact , That the Comptroller General of this State be, and he is hereby, authorized to procure an official seal, bearing the following description and device, to-wit: It shall be circular in form, one and a half inch in diameter, made of brass, with a human hand holding a pen in the attitude of writing, in the center, surrounded by the words, Comptroller General's Office, State of Georgia; and that the same when procured be, and it is hereby, established as the official seal of the Comptroller General's office of this State. Comptroller General authorized to procure an Official Seal. Description of Seal. Sec. 2. Be it further enacted , That the Governor be, and he is hereby, authorized to draw his warrant on the Treasurer, to be paid out of any money in the Treasury not otherwise appropriated, for such reasonable amount as may be deemed necessary by him to pay for such official seal, such sum not to exceed twenty-five dollars. Executive warrant to pay for said Seal.

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Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved October 18, 1870. [No. 36.O. 94.] An Act to regulate Common Carriers in this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met , That from and after the passage of this Act, that all common carriers of passengers for hire in the State of Georgia shall furnish like and equal accommodations for all persons, without distinction of race, color or previous condition. Carriers of Passengers shall furnish equal accommodations, without distinction of race or color. Sec. 2. Any officer, employee or agent of any railroad company, steamboat company, or any incorporated company who are common carriers of passengers for hire, or any person or persons who are common carriers, violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and subject to indictment by the Grand Jury, and tried in the county where the offense was committed, and, on conviction, be punished by fine not less than two hundred dollars, or exceeding one thousand dollars, or imprisonment not exceeding twelve months, or both, in the discretion of the court. Violation a misdemeanor. Penalty. Sec. 3. Repeals all conflicting laws. Approved October 18, 1870. [No. 37.O. 95.] An Act to fix and define the fees of Ordinaries, Surveyors and Clerks of the Superior Court, in application for setting apart a homestead of realty and personalty in this State. Whereas, The fees charged for setting apart a homestead of realty and personalty in this State are not uniform, in some counties being reasonable, and in others exorbitant, for remedy whereof, and to make the same uniform throughout the State, Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act, the following shall be the fees allowed in applications for setting apart a homestead of realty and personalty, to wit: Ordinaries' fees, when not litigated, whole service, seven dollars; ($7) when objections or demurrer

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are filed and heard, (in addition to above) three dollars; ($3) Surveyors' fees, for each plat, affidavit and return, five dollars; ($5) for each additional plat, where more than one lot, three dollars; ($3) Clerk Superior Courts' fees, for recording each petition, one dollar; ($1) for recording each plat, one dollar; (1$) for recording each schedule, per 100 words, fifteen cents; (15) for each certificate of record, fifty cents (50.) Fees for setting apart homesteads. Of Ordinaries. Of Surveyors. Of Clerks of the Superior Court. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1870. [No. 38.O. 96.] An Act to alter and amend the laws requiring the distribution of Supreme Court Reports, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That from and after the delivery by the Reporter of the Supreme Court of volume forty, current series, that said Reporter shall be required to deliver said reports in bound volumes, in lieu of the pamphlet heretofore authorized, and that said Reporter shall receive the sum of five dollars per volume, bound as aforesaid. Reporter of Supreme Court to furnish Reports in bound volumes. Sec. 2. Be it further enacted, c. , That it shall be lawful for the Treasurer to advance to said Reporter such sums, not exceeding three-fourths of the value of such portion of the volume as may be printed, whenever said Reporter shall certify on oath that such portion has been printed, taking a receipt for the sum or sums thus advanced, which shall be his voucher and an off-set to the Executive warrant for the payment of the complete volume. Treasurer may advance 75 per cent. on value of Reports-when. Sec. 3. Be it further enacted, c. , That payment for the reports aforesaid, and expenses for distributing the same, shall hereafter be made out of money in the Treasury not otherwise appropriated. Reports and expenses of distributing them[Illegible Text] paid. Sec. 4. All laws and parts of laws militating against this Act are hereby repealed. Approved October 19, 1870. [No. 39.O. 97.] An Act to extend, continue and renew the Banking Privileges of the Georgia Railroad Banking Company of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the banking powers and privileges heretofore granted

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to the Georgia Railroad Banking Company of Georgia, by an Act approved December 18, 1835, and the various Acts amendatory thereof, are hereby continued, renewed and extended for a further term of thirty years. Powers and privileges of G. R. R. Banking Co. Sec. 2. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. continued renewed. Approved October 19, 1870. [No. 40.O. 66.] An Act to lay off and organize a new county out of the counties of Campbell and Carroll; to change the line between the counties of Campbell and Fayette, to add a portion of the county of Fayette to that of Campbell; to move the county site of Campbell to some suitable and convenient place on the Atlanta West Point Railroad, and for other purposes therein mentioned. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That from and after Tuesday after the first Monday in November next, a new county shall be laid off and organized out of the counties of Campbell and Carroll, to be included in the following limits, to-wit: beginning on the west bank of the Chattahoochee river, in the dividing line between the counties of Campbell and Carroll, at the south-east corner of land lot number ninety-seven in the third district of Carroll county; thence running north-west course to the south-east corner of land lot number two hundred and twenty-one; thence to run to the Paulding line at the north-west corner of land lot number two hundred and forty-nine in the second district of Carroll county; thence along the dividing line of Carroll and Paulding to the Campbell line; thence along the dividing line of Paulding and Campbell to the Cobb line; thence along the dividing line of Cobb and Campbell to the Chattahoochee river; and thence down the west bank of said river to the point of beginning. Douglass county created. Boundaries. Sec. 2. Be it further enacted , That on said Monday in November next, all persons included within the limits of said county, who are entitled by law to vote, shall, at the several precincts of said new county, elect their respective county officers, who shall hold their offices for their several terms according to the laws of this State, and also, at the same time and places, by ballot, locate their county site at some suitable and convenient place in said new county, under the same rules and regulations, as other elections, and the superintendents of such elections shall meet at Chapel Hill, in

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said county, on the day after the election, and consolidate the election returns and send the same to the Governor, properly certified to, who shall commission the officers elect for their respective terms. County officerswhen and how elected. County Site. Superintendents to consolidate the vote. Sec. 3. Be it further enacted , That the Ordinary of said new county elect, with four commissioners, to-wit: John C. Bowden, W. N. Magouirk, J. H. Winn, and Ephraim Pray, be, and they are hereby, appointed a Board of Commissioners for said county, who shall, after the county site is located as hereinbefore provided, purchase a tract of land at said county site, lay off the same into town lots and sell them at public sale, and apply the proceeds of the same to the building of a court House and jail for said new county, and said board shall lay off said new county into militia districts, and advertise for the election of a requisite number of Justices of the Peace, who, when elected, shall be commissioned by the Governor. Court house and Jail buildings. Militia Districts. Justices of the Peace. Sec. 4. Be it further enacted , That all unfinished business in any of the courts of the counties out of which said new county is formed, which by law would be in said new county, be transferred to the respective courts and officers of said new county to proceed in the same manner as they would have done in the original counties. Suits transferred to new county. Sec. 5. Be it further enacted , That the Superior Court of said new county shall be held on the third Monday in April and October in each year. Time of holding Superior Courts. Sec. 6. Be it further enacted , That the new county described in the first section of this Act be called and known by the name of Douglass county, and attached to the Thirty-sixth (36th) Senatorial District, Third (3d) Congressional District, Tallapoosa Judicial Circuit, and the first (1st) brigade of the 11th division of the Georgia Militia. Name of county. How attached. Sec. 7. Be it further enacted , That all officers now in commission in said new county shall hold their commissions until their successors shall have been elected and commissioned, and are hereby authorized to administer the oath of office to the officers elect in said new county. Old Officers to hold until successors are elected and commissioned. Sec. 8. Be it further enacted , That the county of Campbell be and hereby is included within the following limits, to-wit: beginning on the east bank of the Chattahoochee river, on the dividing line between the counties of Campbell and Coweta; running along said line to Nixon Ford on Line Creek at the south-west corner of fraction lot of land number one hundred and seventy-eight (178) in the original seventh (7th District of Fayette county; thence running north along the dividing line between the counties of Fayette and Campbell to the southwest corner of fractional lot of land number nine (9) in the original ninth (9th) District of Fayette county; thence running direct to the southeast corner of lot of land number one hundred and eighty-eight (188) in the 13th District

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of Fayette county, intersecting the Clayton line; thence along the dividing line between the counties of Fayette and Clayton to the Fulton county line; thence along the dividing line of Fayette and Fulton counties to Campbell county line; thence along the dividing line of Fulton and Campbell counties to the Chattahoochee river; thence down said river to the point of beginning. Boundaries of Campbell county defined. Sec. 9. Be it further enacted , That that portion of Fayette county included in the limits of Campbell county in the preceding section be, and it is hereby taken from the county of Fayette and added to and made a part of the county of Campbell. Portion of Fayette added to Campbell county. Sec. 10. Be it further enacted , That the county site of Campbell county be, and is hereby, moved to some convenient and suitable place on the Atlanta and West Point Railroad in Campbell county; that such place be selected by a popular vote of all the citizens entitled by law to vote in the county of Campbell laid off and described in section eighth (8th) of this Act, which election shall be held on Tuesday after the first Monday in November next, at the several precincts included within the limits of the county; that the superintendents of said election shall meet at Campbellton on the day after the election and consolidate the election returns of said county site before the Ordinary, who shall, with four (4) commissioners to be selected by him, residing near the county site, without delay purchase a sufficient tract of land for the court house and jail, and proceed to build the same out of any funds belonging to the county, not otherwise appropriated, or to make such other arrangements for the building thereof as they may think will best promote the interest of the county. County Site of Campbell countyhow selected. Electionwhen and where held. Consolidation of election returns Court house and Jail buildings. Sec. 11. Be it further enacted , That the Ordinary, Clerk of the Superior Court and said Commissioners shall, immediately after said county site is located, rent for the time being a suitable house for the courts of said county and temporarily furnish all the public buildings necessary for said county, at the new county site, except the jail, which shall remain at Campbellton until a safe jail is built at the new county site, and said Commissioners are hereby authorized to sell or otherwise dispose of the public buildings at Campbellton and invest the proceeds in the public buildings at the new county site equally. House for holding Court. Conmissioners may sell public buildings at Campbellton. Sec. 12. Be it further enacted , That all vacancies of office caused by changing the lines of the county of Campbell be filled as vacancies in other counties are filled. Vacancieshow filled. Sec. 13. Be it further enacted , That all suits pending in the county of Fayette which would properly be in the county of Campbell, as herein laid off, be transferred to the respective courts of Campbell. Suits transferred. Sec. 14. Be it further enacted , That the new county described in section first (1st) of this Act and Campbell county be, and they are hereby, entitled to one (1) Representative in the Legislature of this State. Representation of new county and Campbell county.

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Sec. 15. Be it further enacted , That all laws and parts of laws militating against the provisions of this Act be, and they are hereby, repealed. Approved October 17, 1870. [No. 41.O. 100.] An Act to prohibit the further violation of Section 29, Article 1 of the Constitution of the State of Georgia, and fixing a penalty therefor. Whereas, Article 1, Section 29 of the Constitution of this State provides that no poll tax shall be levied except for educational purposes, and such tax shall not exceed one dollar on each poll, which the General Assembly is authorized to assess; and Whereas, Certain bodies politic, incorporations and local authorities of this State, are in the habit of violating said Constitution by assessing and collecting capitation taxes as registration fees, street tax, c., for remedy whereof; Preamble. Section 1. Be it enacted by the General Assembly of the State of Georgia , That it shall henceforth be unlawful for any county, city or corporate authority to assess or collect any capitation tax whatever, except street tax, and that only after opportunity to work the streets. Counties, cities, c. prohibited from collecting capitation tax. Sec. 2. Be it further enacted by the authority aforesaid That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 21, 1870. [No. 42.O. 102.] An Act to declare the true intent and meaning of section 3657 of the Code of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That every public officer who has heretofore kept, or may hereafter keep, in a conspicuous place in his office, or place where he usually executes the business thereof, a copy of the Code of Georgia, shall be held and construed to have complied with the requirements of section 3657 of said Code of Georgia. True intent and meaning of Sec. 3650 of the Code. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 22, 1870.

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[No. 43.O. 103.] An Act to fix the salaries of the Judges of the Supreme Court, and the Judges of the Superior Courts of the State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That each of the Judges of the Supreme Court of the State of Georgia shall receive as his annual salary the sum of thirty-five hundred dollars, and each of the Judges of the Superior Courts of the State of Georgia shall have and receive as an annual salary the sum of twenty-five hundred dollars. Salaries Judges Supreme Cour Of Judges Superior Courts. Sec. 2. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 22, 1870. [No. 44.O. 107.] An Act to legalize the adjournment of the Superior Court of Lumpkin county. Whereas, the September Term eighteen hundred and seventy (1870) of Lumpkin Superior Court was adjourned over from the first Monday in September eighteen hundred and seventy (1870) to the second Monday in November next thereafter, under circumstances which might give rise to a doubt as to the legality of said adjournment; and it being important that said adjourned term should be held; therefore Preamble. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia , That the adjournment of Lumpkin Superior Court from the first Monday in September eighteen hundred and seventy (1870) to the second Monday in November next, thereafter, be, and the same is hereby declared legal and valid; and an adjourned Term of said Superior Court shall be held on the second Monday in November eighteen hundred and seventy, (1870) and all business transacted at the said adjourned term shall have the same force and validity as if done at a regular term of said court. Adjournm't of Lumpkin Superior Court legalized. Adjourned termwhen held. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 22, 1870.

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[No. 45.O. 121.] An Act to enable the owners of mines to drain their mines and to carry off the water and tailings of their mines and mining operations through, or over, the land of others. Whereas, In draining mines and in carrying off the water and tailings from mines and mining operations, it sometimes becomes necessary to cut and open ditches, canals and tunnels, and to construct flumes or other aqueducts through, or over, the lands of persons not interested in such mines and mining operations, in order to drain off, and also to carry away the water and tailings from such mines and mining operations; Preamble. Section 1. Be it therefore enacted by the General Assembly of the State of Georgia , That the owner of any mine shall have the right to enter upon any land, and to cut and open thereon such ditches, canals and tunnels, or to construct such flumes or other aqueducts as may be necessary to drain his mine, or to carry off and drain away the water and tailings of such mine or mining operations: Provided , That the party desiring to cut and open such ditches, canals or tunnels, or to construct such flumes or other aqueducts, shall first have the damages assessed arising, or which may arise, to the owner of such land by reason of the cutting and opening of such ditches, canals or tunnels, or the construction of such flumes or other aqueducts; and shall pay the owners of such land the damages which may be assessed in manner hereinafter mentioned. Owner of mines may enter upon lands of others for what purpose. Proviso. Assessment of damages. Sec. 2. Be it further enacted , That the owner of the mines who desires the right and privilege of cutting and opening such ditches, canals or tunnels, or of constructing such flumes or other aqueducts, shall make his application under, and according to, the provisions of an Act of the General Assembly of the State of Georgia, entitled an Act to enable owners of mines to draw water from branches, or other head waters through, or over, intervening lands, approved October 10, 1868, and all proceedings in relation thereto shall be had, and the damages shall be assessed and paid according to the provisions of the above mentioned Act, all the provisions of which said Act are hereby extended to the owners of mines desiring to drain their mines, and to carry off the water and tailings from their mines and mining operations through, or over, the land of others. Application of owners of mines for certain privilegeshow made. Damageshow assessed and paid. Sec. 3. Any person, or company of persons, engaged in working a mine under a lease granted to him or them, for that purpose, shall be held and regarded as owner or owners for all the purposes of this Act. Lessee of mines regarded as owner.

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Sec. 4. All laws and parts of laws militating against this Act are hereby repealed. Approved October 24, 1870. [No. 46.O. 122.] An Act to amend an act entitled an Act to extend the time in relation to issuing Head Rights, so as to extend the time for granting the same until the 25th day of December, 1869, and to authorize the Secretary of State to issue grants to all surveyors now in office. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same , That the above recited Act be so amended as to strike out the words 25th day of December, A.D. 1869, and to insert in place of them the words 4th day of July, A. D. 1876. Time for issuing headright grants extended. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870. [No. 47.O. 123.] An Act to relieve certain persons herein described from road duty in this State. Section 1. The General Assembly enacts as follows: That from and after the passage of this Act all men who have lost one arm or one leg shall not be required to do road duty in this State. Certain persons exem't from road duty. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 24, 1870. [No. 48.O. 151.] An Act prescribing the duties of clerks and other officers, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That it shall be the duty of the clerk of any court in this

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State, and of any Justice of the Peace or other officer, who may issue an execution, to endorse on said execution, at the time it is issued, the date and amount of the judgment, the items of the bill of cost, written in words, and the amount of each item distinctly stated in figures; and that no cost, or items of cost, shall in any case be demanded by any such officer which are not itemized and endorsed as above provided. Endorsement on executions. Officer [Illegible Text] to make indorsement is not [Illegible Text] to [Illegible Text]. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 24, 1870. [No. 49.O. 152.] An Act to repeal an Act to amend the several acts now of force regulating the fees of Magistrates and Constables in the State of Georgia, so far as relates to the counties of Bibb, Richmond, Monroe and Lee, and to provide for the mode of collecting the same, approved January 22, 1852, and the several Acts amendatory thereof; and to prescribe the mode of collecting cost, in insolvent cases, due Magistrates and Constables in this State. Section 1. The General Assembly of the State of Georgia do enact , That from and after the passage of this Act the above recited Act, and the several Acts amendatory thereof be, and the same are hereby, repealed. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870. [No. 50.O. 153.] An Act to amend an Act entitled an Act to give persons who may be employed in and about any steam saw mill located in the State of Georgia, or to any person or persons who may furnish any steam saw mill so located with timbers, saw logs, or provisions, or with any thing necessary to carry on the work of said mill, a lien of the highest dignity upon said mill for dues, wages, debts or demands that said persons may have against the owner, agent or lessee of said mill, and to give to owners of said mills a lien for lumber sold by themapproved October 6, 1868. Whereas, An Act of the General Assembly of the State of Georgia, entitled an Act to give persons who may be employed in and

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about any steam saw mill located in the State of Georgia, or to any person or persons who may furnish any steam saw mill so located with timbers, saw logs or provisions, or with any thing necessary to carry on the work of said mill, a lien of the highest dignity upon said mills for dues, wages, debts or demands that said persons may have against the owner, agent or lessee of said mills; and to give the owners of said mills a lien for lumber sold by themapproved October 6, 1868; and Preamble. Whereas, in the second section of said Act, providing a remedy for the enforcement of said lien, an ambiguity exists in not distinctly providing for the method of enforcing said lien in favor of the owners of the said saw mills for lumber furnished, that may lead to controversies in the courts upon the construction of said Act; Section 1. Be it enacted, c. , That the same method of enforcing the lien given by said Act to the owner or owners, or lessees of said mill for timbers, saw logs, or provisions furnished, or for any thing necessary to carry on the work of said mills, shall apply to the owners or lessees of said mills for the enforcement of his or her lien for lumber furnished, either for homestead or other house. Method of enforcing lien for lumber furnished. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870. [No. 51.O. 154.] An Act to change the time of holding the Superior Courts for the county of Wayne. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same , That from and after the first day of January next, the time of holding the Superior Courts of the county of Wayne shall be on the third Mondays in March and September of each and every year. Superior Courts of Wayne co.when held. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870. [No. 52.O. 155.] An Act to alter and amend Section 874 of the Revised Code. Section 1. The General Assembly of the State of Georgia do enact , That section 874 of the Revised Code be so altered and amended,

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that the words in each Congressional District in the third line of said section be stricken out, and the words in one, and not more than two papers published at the seat of Government be inserted in lieu of the words so stricken out. Section 874 of the Code amended. Sec. 2. Repeals conflicting laws. Approved October 24, 1870. [No. 53.O. 156.] An Act to organize a new Judicial Circuit to be composed of the counties of Columbia, Richmond, Burke and McDuffie, and other purposes. Section 1. The General Assembly of Georgia do enact , That from and immediately after the passage of this Act, there shall be organized a new Judicial Circuit from the counties of Columbia, Richmond, Burke and McDuffie, to be called the Augusta Circuit. Augusta Judicial Circuit created. Sec. 2. That there shall be appointed by the Governor for the term prescribed by the Constitution, and to be confirmed by the Senate, a Judge of the Superior Court for said district, and a Solicitor General. Appointm't of Judge Solicitor. Sec. 3. That until such appointment and confirmation, the Judges of the Superior Courts and Solicitor General of the Middle Circuit shall continue to discharge the duties now resting upon them by law for said counties. Judge and Solicitor of Middle Circuit. Sec. 4. That the Superior Courts shall be held in said counties at the times now prescribed by law, except in Columbia county, which shall be held on the first Monday in November and May; that said courts shall hold their sessions as long as the business of the court shall require it; that grand and special jurors shall be drawn for each court as follows: Columbia one week, Richmond four weeks, Burke two weeks, and McDuffie one week; that whenever the business of the court cannot be disposed of within the time allowed, it is hereby made the imperative duty of the Judge to order an adjourned term or terms at such time and for such length as to him shall seem requisite and necessary for him to finish up the business of the court for which the necessary grand and special jurors shall be drawn and summoned. Time of holding Superior Co'ts in Augusta Circuit. Jurors. Judge may order adjourned termswhen Sec. 5. That the counties of Montgomery and Tatnall be taken from the Eastern Circuit and added to the Middle Circuit, and take the county of McIntosh from the Eastern Circuit and add to the Brunswick Circuit. Montgom'ry and Tatnall co's transferred to the Middle Circuit. Sec. 6. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870.

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[No. 54.O. 157.] An Act to authorize the Lease of the Western Atlantic Railroad, and for other purposes therein mentioned. Section 1. The General Assembly of Georgia do enact , That his Excellency the Governor of this State be, and he is hereby, authorized to lease the Western Atlantic Railroad, which is the property of the State, together with all its houses, workshops, depots, rolling stock and appurtenances of every character, to a company to be formed, for a term of twenty years, for a sum of not less than twenty-five thousand dollars per month, to be paid monthly into the treasury of this State, for the use of the State. And in case said company shall, at any time, fail or refuse to pay said sum, due at the end of any month, into the treasury, within twenty days after the end of the month, the lease shall be forfeited, and it shall be the duty of the Governor, forthwith, to declare it forfeited, and to take immediate possession of said road and its appurtenances, and if any resistance is offered by the company it shall be the duty of the Sheriffs of all the counties in this State, through which the road runs, to aid the Governor with the posse comitatus of their respective counties, to take the possession and expel the lessees, who have failed to make the payments, when due, as aforesaid; and within ten days after he has terminated the lease and taken possession of the road for the State, the Governor shall commence suit against the lessees on the bond to be given by them to the State, in any court of this State having competent jurisdiction of the case, unless the sum due is sooner paid. But the faith of the State is hereby pledged to said company, that they shall in no case be disturbed by the authority of the State so long as they keep the contract on their part and make the payments when due: Provided, nevertheless , That said company shall, in no case, sub-let said road to other persons or corporations. Governor authorized to lease W A. R. R. for 20 years. Rental, $25000 per mo. Lease forfeitedwhen Suit against lessee's bond. Proviso. Sec. 2. And be it further enacted , That it shall be the duty of his Excellency the Governor to require of said company, to whom the road and its workshops, rolling stock and appurtenances may be leased, to give a bond with ample security for the sum of eight millions of dollars. The lessees shall be worth over and above their indebtedness at least five hundred thousand dollars, and there shall be security in this State worth at least five millions of dollars, and the balance of the security, if out of the State, shall be upon real estate or railroad property. The Governor shall see to it carefully, in taking the bond, that these requisitions are fully complied with. He shall lease to no company who tenders security that is even doubtful, nor to any company of non-resident adventurers and speculators. The bond shall bind the lessees and their securities for the prompt payment of the sum agreed on at

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the end of each month, and for the return of the road and its appurtenances at the expiration, or termination, or forfeiture, of the lease, in as good condition as it was in when received by the company from the State under said lease, which bond shall be recorded in the Secretary of State's office, and filed in the Executive office, which may be sued on, at any time, when there has been a breach of its conditions: Provided , That the lessees shall first qualify that they are worth at least five hundred thousand dollars over and above all liabilities of every character, and the sureties, or their representatives or agents, shall qualify that they are worth at least two millions of dollars over all and every liability: Provided, further , That this shall not preclude the Legislature from requiring other surety at any time, if the surety first given shall become insufficient by reason of being worth less than two millions of dollars, nor of looking into its condition from time to time. Lessees to give bond. Qualification of sureties. Condition of bond. Bondwhere recorded filed. Proviso. Sec. 3. And be it further enacted , That the Governor shall appoint three railroad men of experience, who shall examine the road and its appurtenances carefully, and shall make out in writing a schedule or inventory of the same, carefully describing and setting forth the true condition of the road and its rolling stock and appurtenances, and property of every character, which shall be recorded in the office of the Secretary of State, and filed in the Executive office. And in case the road and its rolling stock and appurtenances are not returned at the expiration or forfeiture of the lease in as good condition as when received, the company, and their securities on their said bond, shall be liable to make good the difference to the State. Inventory of property of roadby whom taken Sec. 4. And be it further enacted , That the persons who compose the company to lease the road shall not be less than seven in number, a majority of whom shall be bona fide citizens and residents of Georgia, who have been such for five years, who shall represent a majority of the whole interest in the lease, so as to give Georgians control of the company. So soon as the terms of the lease are agreed upon between the Governor and the company, and their names have been entered on the minutes of the Executive Department as the persons proposing to take said lease, and the acceptance of the proposition by the Governor shall also have been recorded, said persons shall then, and from that time, be and become a body corporate and politic for the term of twenty years, under the name and style of the Western Atlantic Railroad Company; and as such it shall have the power to sue and be sued on all contracts made by said company in any county through which the road runs, after the execution of said lease, or for any cause of action which may accrue to said company, or to which it may become liable after said lease is executed. And it shall have power to make all by-laws, rules and regulations for the government

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of said company, and for the working and management of said railroad which are necessary and usual with railroad companies, not in conflict with the Constitution and laws of this State, or of the United States. Number and qualification of lessees. Lessees incorporated. May sue and be sued By-laws, c. Sec. 5. And be it further enacted , That each of said persons composing said company shall be a director in said corporation, and in case of the death of either, his legal representative shall act in his place and represent his interest; and on all questions which may come before the Board of Directors, each shall vote and have weight in the decision of the question in proportion to his interest in the company. Those having equal interest shall vote equally and have equal weight in the decision of all questions that properly belong to the board. Directors. Vote in proportion to interest. Sec. 6. And be it further enacted , That the Board of Directors shall, within fifteen days after the company is organized and the lease executed, elect a President, a Superintendent and a Treasurer for said road, who shall have such salaries as are paid by the Georgia Railroad Banking Company to officers of like grade; and the President shall have power to appoint all other officers and agents necessary to the successful management of said road, and to exercise such power and control as are usually exercised by Presidents of railroad companies in this State. Pres't, Sup't and Treasurerwhen chosen. Salaries of. Powers of President. Sec. 7. And be it further enacted , That the said company, who shall become the lessee of said road, shall be the agent of the State for the settlement of all balances due from connecting roads to said Western Atlantic Railroad, and all balances due by said Western Atlantic Railroad to other connecting roads; and in case there is any balance in favor of said Western Atlantic Railroad, it shall be collected and paid into the treasury of the State; but in case there shall be any balance due connecting roads by said Western Atlantic Railroad, said company shall pay such balance, as soon as it is due by them, out of the monthly payments which they give the State for the use of the road, as provided in this Act. Lessees to settle balances due to and by W. A. R. R. Balanceshow collected and paid. Sec. 8. And be it further enacted , That in case it shall be found that there are other outstanding or floating debts or liabilities of said Western Atlantic Railroad due, or to become due, to any person or persons at the time said lease is made, they shall be paid by his Excellency the Governor out of the treasury of the State; and the Governor is hereby authorized to draw his warrant upon the treasury for such sum or sums as may be found due, to be paid out of any money in the treasury not otherwise appropriated, which is hereby appropriated for that purpose, which is to be replaced by the monthly payments made by the lessees of the road as soon as a sufficient sum is due from said lessees: Provided , That the Governor shall in no case draw his warrant on the treasury in favor of any such claimant for any unliquidated demand

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until the claim is audited and approved by a board of three commissioners, to consist of Benjamin Conley, Dawson A. Walker and George Hillyer, Esqrs., or a majority of them, or until the claim has been verified by a judgment of the court having jurisdiction of the case, when it shall be paid out of the treasury, as above provided. But no claim shall in any event be allowed by said commissioners, or paid by the Governor, that has been rejected by the judgment of the court having jurisdiction of the case, or by the action of the Legislature; nor shall any claim be paid which falls within the class rejected by the decisions of the Supreme Court of this State, on account of their connection with the rebellion, or of the injury having been received while the claimant, or person injured, was engaged in the rebellion; nor shall any claim be paid which is embraced in the Ordinance of Repudiation passed by the convention of 1865. Other debts of roadhow paid. Reimbursement of the State treasury. Claimsby whom audited. Character of claims not to be paid. Sec. 9. and be it further enacted , That in case of the death of any member or shareholder of said company, his interest in the lease shall be considered personal property, and shall go to his legal heirs or devises, and be administered as personal property, if not disposed of by will; or he may direct by will that it be retained for the use and benefit of his family, or of any person or persons to whom he may leave it until the end of the lease; and the profits, if any, from his share, shall be paid to the person or persons selected by him, as directed by his will. And in case there is no will, the Ordinary may, in his discretion, order a sale for the benefit of heirs or creditors; and if there are no creditors to make the sale necessary, he may direct that the interest in the company be held for the benefit of the heirs until the end of the lease. Interest of lesseehow disposed of in case of death. Ordinary may sell interest-when Sec. 10. And be it further enacted , That said lessees of said road shall neither make, nor permit to be made, any discrimination in favor of, or against, any railroad company, or other persons or parties having business connection with, or relations to, said road. But all schedules and rates of freight shall be so arranged as to give all connecting roads in this State a fair, equal chance, doing equal justice between them in every thing connected with the management of said road and the business relations between them. And no railroad company, or express company or companies, or a combination of either, shall in any event become the lessees of said road; but they may become sureties on the bond of the lessees. Schedules and rates of freightshow to be arranged. R.R. Ex. co's cannot be lessees. Sec. 11. And be it further enacted , That said lessees shall never charge a higher rate of local freights on said road than the average rate charged by the Georgia Railroad Banking Company, the Central Railroad Banking Company, and the Macon Western Railroad Company for like local freights over said roads. And said company shall have the same exemptions, privileges, immunities, rights and guarantees, and shall be subject to the same liabilities,

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disabilities and public burdens of said railroad companies last mentioned, and no more, in all cases where this Act is silent and has made no provision on the subject: Provided , This Act shall not be construed to confer banking privileges on said company. Rate of local freights. Rights, liabilities, c. Proviso. Sec. 12. And be it further enacted , That the State pledges her faith to redeem all mortgage bonds on said road which have been issued by the State, together with all interest coupons as they fall due, and to save the lessees harmless against said bonds and coupons. State to redeem mortgage bonds, c. Sec. 13. And be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 24, 1870. [No. 55.O. 158.] An Act to authorize all pleas and defenses to be sworn to before certain officers of other States or countries, and to prescribe the legal effect of the official attestation of such officer. Section 1. The General Assembly do enact , That from and after the passage of this Act, all pleas or defenses in any court of this State, which have to be filed under oath, shall be held to be sufficiently verified when the same is sworn to before any Notary Public, Justice of the Peace, Judge of a court of law, or chancellor, commissioner or master of any Court of Equity of the State or country where the oath is made, or before any other officer of such State or country who is authorized by the laws thereof to administer oaths, and such oath so made shall have the same force and effect as if it had been made before an officer of this State authorized to administer the same. Pleas to be filed under oathwho may attest. Sec. 2. Be it further enacted , That the official attestation of the officer before whom the oath or affidavit may be made, as provided in the first section of this Act, shall be prima facie evidence of the official character of such officer, and that he was authorized by law to administer oaths. Attestation of officer is prima facie evidence of his official character. Sec. 3. Be it further enacted , That the provisions of this Act shall apply to pleas and defenses heretofore filed, as well as to all hereafter to be filed. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 24, 1870.

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[No. 56.O. 159.] An Act to protect the people of this State in the sale of Kerosene Oil. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia , That from and immediately after the passage of this Act, the standard for kerosene oil for sale in this State shall be one hundred and ten (110) degrees fire test. Standard for kerosene oil. Sec. 2. Be it further enacted , That any person or persons convicted of selling, offering for sale, or giving away kerosene oil of a fire test less than one hundred and ten (110) degrees, shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollarsone-half of the fine to go to the informer, one-fourth to the inspector, and the remainder to the county treasury. Violation of this Acthow punished. Finehow applied. Sec. 3. Be it further enacted , That the duty of inspecting kerosene oil shall be performed by inspectors of fertilizers in each county, and if no inspector of fertilizers in the county be qualified, then the Ordinary, assisted by such persons as he may choose. Kerosene oilby whom inspected. Sec. 4. Be it further enacted , That the following test be published for the information of all concerned: Heat a small quantity of water in a basin until its temperature is above one hundred and ten (110) degrees Fahrenheit; then add cold water slowly; at the moment the scale of a thermometer placed in the basin marks one hundred and ten (110) degrees, pour a tablespoonful of the oil to be tested into the water; thus the oil is brought to one hundred and ten (110) degrees; then pass a wisp of burning paper over the oil; if the escaping vapor catches fire, the oil is dangerous, but if not, then it is safe. Method of ascertaining standard for kerosene oil Sec. 5. Be it further enacted , That cases arising under this Act shall be tried before the Superior Courts of this State. Sec. 6. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 24, 1870. [No. 57.O. 195.] An Act for raising a Revenue, and to Appropriate money for the use of the Government, and to make certain Appropriations, and for other purposes herein mentioned. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That the following sums of money be, and the same are hereby, appropriated to the respective persons

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and objects hereinafter mentioned, to-wit: As salaries, the sum of four thousand dollars, annually, to his Excellency the Governor, and the further sum of two thousand dollars, annually, each, to the Secretary of State, Comptroller General and State Treasurer; and the sum of twenty-four hundred dollars each, annually, to the Secretaries of the Executive Department, and said Secretaries shall receive no compensation for extra services; and the sum fixed by law, annually, to the Messenger of the Executive Department; and the sum of sixteen hundred dollars, annually, to the State Librarian; and the sum of two hundred and fifty dollars, in specie, or its equivalent in currency, annually, to each of the Solicitors General; and the sum of one thousand dollars, annually, to the Reporter of the Decisions of the Supreme Court; and the sum of twenty-five hundred dollars, in specie, or its equivalent in currency, annually, to each Judge of the Supreme Court; and the sum of eighteen hundred dollars, in specie, or its equivalent in currency, annually, to each Judge of the Superior Court. Salary of Governor. Secretary of State. Comptroller General. Treasurer. Secretaries. Secretary of Exec'utive Dep't. Messenger Executive Dep't. Librarian. Solicitors General. Judges of Supreme Court. Sec. 2. That the sum of twenty thousand dollars, or as much thereof as may be necessary, be, and the same is hereby, appropriated, annually, as a contingent fund; and the sum of twenty thousand dollars, annually, be appropriated as a Printing Fund. Contingent Fund. Printing Fund. Sec. 3. That the sum of twelve dollars per day be paid to the President of the Senate and Speaker of the House of Representatives during the sessions of the General Assembly; and the sum of five dollars for every twenty miles traveled in going to and returning from the seat of government, the distance to be computed by the nearest route usually traveled by public conveyance; and the sum of nine dollars per day each be paid to the members of the General Assembly during the sessions, and five dollars for every twenty miles in going to and returning from the seat of government, under the same rules that apply to the President of the Senate and Speaker of the House of Representatives: Provided , That no member shall receive pay from the State for any time that he may be absent, unless his absence was caused by sickness of himself or family, or he had leave of absence granted by the Senate or House. President of Senate. Mileage. Per diem of Members. Mileage. Proviso. Exception. Sec. 4. That the sum of twelve dollars per day be paid to the Secretary of the Senate and Clerk of the House of Representatives for the session: Provided , That no warrant shall issue in favor of either, until his Excellency the Governor shall have satisfactory evidence that they have respectively filed in the office of the Secretary of State the original bills and papers appertaining to their office, and have carefully filed and marked all reports of standing committees, and all other papers of importance connected with either House; the sum of twelve dollars per day each for the Journalizing Clerks, assistant clerks and assistant secretary of the Senate and House of Representatives; and the sum of nine dollars per day each to

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the Enrolling and Engrossing Clerks of the Senate and House of Representatives, for the time they have been actually employed, which shall only be allowed them upon the certificate of the Secretary of the Senate or Clerk of the House, stating that he required their services, and that they were actually performed; and nine dollars per day each to the clerk of the Finance and Judiciary Committees of the House and Senate for the time they have been actually employed, which shall only be allowed them upon the certificate of the chairman of the committees, stating that the services were actually performed; that the sum of nine dollars per day be paid each to the Door-keepers and Messengers of the Senate and House of Representatives of the General Assembly; and the sum of five dollars be paid constitutional officers for every twenty miles traveled in going to and returning from the seat of government, the distance to be computed by the nearest route usually traveled by public conveyance. Secretary of Senate. Journalizing Clerk. Enrolling Engrossing Clerk. Clerks of Committees Door-keepers and Messengers. Mileage of officers. Sec. 5. That the various sums of the annual salaries of all the officers of this State whose salaries are fixed by law, and for the support of public institutions, be, and the same are hereby, appropriated, annually, and shall be paid quarterly, until they are otherwise altered by law. That the sum of one thousand and fifty dollars ($1,050) be, and the same is hereby, appropriated to pay the salary of the Civil Engineer or Superintendent of Public Works, now due and remaining unpaid, for six months' services from the first of May to the thirty-first of October, 1870. The salary of the Attorney General of this State shall be two thousand dollars per year, and in no case shall he receive any other compensation for opinion delivered, or for any other service. Salaries fixed by law, paid quarterly. Superintendent of Pub. Works. Attorney General. Sec. 6. That the Treasurer be authorized to pay, from time to time, the officers of the government, whose salaries are appropriated by this Act, seventy-five per cent. of which amount services have been actually rendered at the date of such payment, taking receipt from such officer for the same, which receipt shall be as voucher, and are hereby declared offsets to the extent of such payment to Executive warrants drawn at the end of the quarter for such officers' salaries. Advances to officers. Sec. 7. That the sum of two thousand five hundred dollars be, and the same is hereby, appropriated as the salary of Superintendent and Resident Physician of the Lunatic Asylum, and for support of pauper patients, employees, c.; the steward of the Asylum will be required to make regular quarterly reports under oath to his Excellency the Governor of the number of pauper patients and employees in the Asylum, and the actual cost of their support, including all the regular expenditures of the institution: Whereupon, his Excellency the Governor will be authorized and required to draw his warrant upon the State Treasurer for the sum required, allowing not exceeding seventy-five cents per diem for

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each person so reported for and during the period embraced in said report. For additional accommodations, of immediate necessity for the colored insane, idiots and epileptics, twelve thousand dollars; for heating apparatus for the same, six thousand dollars; for additions to main structure, to supply most urgent necessity, for additional accommodations for the white insane idiots and epileptics of the State, fifty thousand dollars. Sup't of Lunatic Asylum. Pauper patients, c. Colored patients. White patients. Sec. 8. That the sum of eleven thousand, ($11,000 00) dollars be, and the same is hereby, appropriated to the Academy for the Blind in this State for the maintenance of pupils and salaries of officers. Academy for Blind. Sec. 9. That the sum of one hundred and fifty dollars ($150) be, and the same is hereby, appropriated as compensation to the Chaplain of the House of Representatives, and three hundred dollars to the Chaplain of the Senate, three dollars per day to the page of the Senate, and two dollars per day to each of the pages of the House of Representatives; and the sum of four hundred and forty eight dollars to W. D. Ellis, as reporter of the House of Representatives. Chaplains. Pages. Reporter. Sec. 10. That the sum of sixteen hundred dollars be, and the same is hereby, appropriated to pay the clerk in the Treasurer's office; and the sum of sixteen hundred dollars to pay the clerk in the Comptroller General's office; and that the sum of sixteen hundred dollars be appropriated to pay the clerk in the Secretary of State's office. Treasurer, Comptroller and Secretary of State's Clerks. Sec. 11. That the sum of seven dollars ($7 00) per day be, and the same is hereby, appropriated to pay Lewis Smith for bringing water, sweeping and keeping in order the Representative Hall; and five dollars ($5 00) per day to C. Patterson for attending to similar duties in the Senate Chamber, and out of which they are to pay all assistants employed. And the further sum of three dollars per day to Jackson McHenry for attending committee and clerks' rooms. Pay to L. Smith. To C. Patterson. Jackson McHenry. Sec. 12. Be it further enacted , That the sum of sixteen thousand dollars ($16,000) be, and the same is hereby, appropriated annually for the pay of officers and teachers of the institution for the deaf and dumb, and for the support and education of the indigent deaf and dumb children therein taught and supported; and the sum of one thousand dollars for necessary repairs to the buildings; and the sum of two thousand dollars, or so much thereof as may be necessary, to pay the past indebtedness of the institution. That the sum of eight thousand dollars be appropriated to the Atlanta University under the same restrictions and regulations as the Athens Institution, so far as may be consistent with its present organization; that James Dunning, of Fulton, David Irwin, of Cobb, and George Ormond, of Houston, be appointed commissioners to see that said fund is distributed for the purposes therein indicated. Institution for the Deaf and Dumb. Repairs of buildings. Atlanta University. Commissioners.

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Sec. 13. That the sum of two thousand dollars be, and the same is hereby, appropriated to the Principal-Keeper of the Penitentiary as his salary. Principal Keeper of Pent'y. Sec. 14. That the sum of three hundred and seventy-five thousand dollars, or so much as may be necessary, be, and the same is hereby, annually appropriated to pay semi-annually and quarterly the interest on the public debt. Public Debt. Sec. 15. That the sum of two hundred dollars be, and the same is hereby, appropriated to the Clerk of the House of Representatives, and the sum of two hundred dollars to the Secretary of the Senate, to defray the contingent expenses of their respective offices at the session of the General Assembly, or so much thereof as may be necessary. Contingent expenses of Legislature. Sec. 16. That the several appropriations made by this Act, except where otherwise provided by law, shall be made in national currency. Appropriations how payable. Sec. 17. That the sum of three hundred dollars, or so much thereof as may be necessary, be annually appropriated to the clerk of the Supreme Court for printing and stationery, and for purchasing the necessary record books, and binding of the opinions of the Supreme Court. Clerk of Supreme Court. Sec. 18. That the sum of one thousand dollars be appropriated, or so much thereof as may be necessary, to pay for stationery furnished this Legislature through the Secretary of State. Stationery for Legislature. Sec. 19. That in all cases in which money is appropriated in this Act, or otherwise, shall be drawn from the treasury upon Executive warrant; such warrant shall specify for what service, or on what account, the same is due. Executive warrants. Sec. 20. That when the performance of any service or labor for the State is authorized and directed by law to be performed or rendered, the compensation for which is to be fixed or approved by the Governor, he shall draw his warrant on the treasury for the amount so fixed or approved, and the same shall be paid out of any moneys in the treasury not otherwise appropriated. Services authorized by law. Sec. 21. Be it further enacted , That the Treasurer be allowed the same per cent. for settling the Convention scrip as is allowed the Comptroller General. Treasurer's compensation for settling convention scrip. Sec. 22. Be it further enacted , That the sum of five hundred dollars be, and the same is hereby, appropriated to J. G. W. Mills, Secretary of the Senate, for extra services during the present session of the General Assembly; and the sum of five hundred dollars to J. C. Hendrix, Secretary pro tem of the Senate; and the sum of five hundred dollars to James M. Bishop, Journalizing Clerk of the Senate, as extra compensation to be drawn upon the warrant of the President of the Senate; and the sum of five hundred dollars to John J. Newton, Clerk of the House of Representatives, for extra services during the present session of the General Assembly;

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a like sum to M. A. Hardin, Clerk pro tem of the House of Representatives, for extra services during the present session; and the sum of five hundred dollars to Jackson T. Taylor, Journalizing Clerk of the House during said session, for extra services performed; and that the Treasurer pay the same on the warrant of the Speaker of the House of Representatives. Appropriation to J. G. W. Mills. To J. C. Hendrix. To J. M. Bishop. To J. J. Newton. To M. A. Hardin. To J. T. Taylor. Sec. 23. Be it further enacted , That the sum of seventeen hundred and fifty dollars be appropriated to pay for three hundred copies of the 41st volume of the Georgia Reports, and the Governor draw his warrant upon any money in the treasury not otherwise appropriated. Supreme Court Rep't. Sec. 24. Be it further enacted , That this Act shall continue in full force until otherwise provided by law, and that all Acts and parts of Acts conflicting with, or militating against, this Act be, and the same are hereby, repealed. Approved October 25, 1870. [No. 58.O. 205.] An Act to alter and amend paragraph , in section number twenty-seven hundred and forty-one (2741), article 2, part 2, title 7, chapter 7, of the Code of Georgia. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same , That paragraph or section number 2741, of article 2, part 2, title 7, chapter 7, to-wit: the first day of January, the twenty-fifth day of December, and any day appointed by the Governor of this State, or the President of the United States, or the civil authorities of any city, as a day of fast and thanksgiving, shall be held and considered in the same manner as the first day of the week, known as Sunday, for all purposes connected with the presenting for judgment [payment] or acceptance, and protesting, and giving notice of dishonor of any bill, check, order, or note, be altered and amended so as to read as follows: The first day of January, the twenty-second day of February, the fourth day of July, the twenty-fifth day of December, and any day appointed by the Governor of this State, or by the President of the United States, or the civil authorities of any city, as a fast day or thanksgiving day, shall be held and considered in the same manner as the first day of the week, known as Sunday, for all purposes connected with the presenting for judgment, acceptance or payment, and protesting, and giving notice of dishonor of any bill, draft, note, check or order, made after the passage of this Act, which, but for this Act, would fall due and payable on any of the

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days herein mentioned, shall, when said days fall on Sunday, become due and payable on the Tuesday next succeeding such days. Section 2741 of the Code amended. Holidays to be observed in the acceptance payment of drafts, notes c. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 25, 1870. [No. 59.O. 204.] An Act to amend Section 4514 of the Code. Section 1. It is hereby enacted by the General Assembly of Georgia , That Section 4514 of the Code be, and is hereby, amended by inserting therein between the word specify and the word the, in the sixth line thereof, the following, to-wit: the shipping mark or marks, and number or numbers thereon and. Receipts of Transportation Co'swhat they must specify. Sec. 2. It is hereby further enacted , That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 25, 1870. [No. 60.O. 206.] An Act to declare the Poll Tax of this State for years 1868, 1869 and 1870, yet uncollected, illegal, and to prevent the collection of the same. Whereas, By the twenty-ninth paragraph of the Bill of Rights, it is declared that no poll tax shall be levied except for educational purposes, and such tax shall not exceed one dollar annually on each poll; and Preamble. Whereas, Article 6th, paragraph first of the Constitution, makes it the duty of the Legislature, at its first session, to provide a system of education free to all children; and Whereas, Paragraph third of the same article solemnly devotes to the support of said system, to-wit: A system of common schools, the poll tax allowed by this Constitution; and Whereas, The General Assembly did not at its first session, and has not yet, established a system of common schools, and there is not in this State any system of common schools to be supported; Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met , That all poll tax assessed and imposed on the people of this State for the years

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1868, 1869 and 1870 is illegal, and not warranted by the Constitution of this State, and that Tax Collectors be instructed to desist from collecting the same, and that Tax Collectors be relieved from all such poll tax as appear unpaid in their respective digests. Assessment of Poll Tax for the years 1868-69 and 1870 declared illegal. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 25, 1870. [No. 61.O. 263.] An Act to require the Commissioners appointed by the Judges of the Superior Courts in the different counties in this State, in the Revision of the Jury Box from time to time, to take an oath before the Judge of the Superior Courts in the county for which they are appointed, before entering upon the discharge of their duty, to do so impartially, without any regard to race, color or previous condition, in accordance with our present State Constitution. Section 1. Be it enacted by the General Assembly , That from and immediately after the passage of this Act, it shall be the duty of the Judges of the Superior Courts in this State, in appointing commissioners for the revision of the jury box, from time to time, to require of the commissioners in the county for which they are appointed, to take an oath before the Judge of the Superior Court to impartially discharge their duty in said revision, without any regard to race, color or previous condition, in accordance with our present Constitution. Commissioners appointed for the revision of the jury boxes, shall take a certain oath before whom. Sec. 2. Any commissioner violating the provisions of this Act shall be deemed guilty of perjury, and, upon conviction in the Superior Court, shall be subject to all the pains and penalties prescribed in the Code for perjury. Violationhow punished. Sec. 3. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 26, 1870. [No. 62.O. 264.] An Act to repeal an Act entitled an Act to organize a Criminal Court for each county in this State, assented to October 7, 1868, and the several Acts amendatory thereof. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority

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of the same , That the above recited Act, and the several Acts amendatory thereof, be, and the same are hereby, repealed. County Criminal Court abolished. Sec. 2. That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 26, 1870. [No. 63.O. 252.] An Act to change the time for holding the Supreme Court of this State. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That from and after the passage of this Act the terms of the Supreme Court of this State shall begin on the third Monday in January, and the first Monday in July of each year. Terms of he Supreme Court-when held. Sec. 2. Be it further enacted , That all cases that have been returned to, or that stand for, trial at the next December term shall be tried or disposed of at the next January term of said court. Returns. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 26, 1870. [No. 64.O. 203.] An Act to change the time for holding the Superior Courts of Worth county. Section. 1. The General Assembly do enact , That from and after the passage of this Act, the time for holding the Superior Courts of Worth county shall be changed from the third Monday in April to the fourth Monday in May, and from the third Monday in October to the fourth Monday in November. Superior Court of Worth Co.when held. Sec. 2. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 25, 1870.

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[No. 65.O. 207.] An Act to change the time for the annual meeting of the Legislature of this State. Section 1. Be it enacted by the General Assembly of the State of Georgia , That from and after the passage of this Act, the time for the annual meeting of the Legislature shall be the first Wednesday in November of each and every year, beginning with the year eighteen hundred and seventy-one, (1871) and that there shall be no annual meeting after the adjournment of this session until said time. Annual meeting of the Legislaturewhen held. Sec. 2. Be it further enacted by the authority aforesaid , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 25, 1870. [No. 66.O. 267.] An Act to provide for the crossing of Railroads by other Railroads. Section 1. Be it enacted, c. , That any railroad heretofore or hereafter chartered by the Legislature of this State shall have the right to cross any other railroad heretofore or hereafter built, or to be built in this State, upon the following terms, to-wit: 1. That they shall be allowed to cross at grade points, or at any other point, where the same shall not obstruct the other road, and may be allowed to cross by a tunnel or bridge if necessary, said tunnel or bridge being made absolutely secure. One railroad may cross another. Upon what terms. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 26, 1870. [No. 67.O. 266.] An Act requiring the different railroads in this State to furnish equal accommodations to all without regard to race, color or previous condition, when a greater amount of fare is exacted than was demanded prior to January 1, 1861. Section 1. Be it enacted by the General Assembly , That the different railroads in this State, acting as public carriers, be required to furnish equal accommodations to all without regard to race,

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color or previous condition, when a greater sum of fare is exacted than was demanded prior to January 1, 1861, which was at that date half-fare for persons of color. Railroads to furnish equ'l accommodations without regard to color or racewhen. Sec. 2. Any railroad in this State violating the conditions of the first section of this Act, by any of its employees, may be sued in the Superior Court of the county where the offense is committed, and any person so wronged may recover such sum as the discretion of the court thinks right and proper in the premises, not to exceed ten thousand dollars. Violation. Measure of damages. Sec. 3. This Act shall be of force January 1, 1871. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this Act are hereby repealed. Approved October 26, 1870. [No. 68.O. 202.] An Act to require all Railroad Bonds endorsed by the State of Georgia to be registered in the office of the Secretary of State, and for other purposes therein mentioned. Whereas, It appears there is no registry kept of the railroad bonds endorsed by the State, except in the office of the Executive; Preamble. And Whereas, It is essentially necessary to the interest of the people that an accurate registry of such bonds should be kept in more than one office of the State government; And Whereas, Such bonds pass through the office of the Secretary of State for sealing and countersigning; therefore, Section 1. Be it enacted by the General Assembly of the State of Georgia , That all railroad bonds upon which the endorsement of the State is placed be sealed and countersigned and registered by the Secretary of State in a book to be kept for that purpose; the registry must be kept in such style and form as to show the date of the bonds, the series, the number, and amount of the bond, the interest the bond bears, the officers of the road signing the bond and coupons, the time the bond has to run, and when and where the coupons are made payable. Railroad Bonds endorsed by the State must be registered in Secretary of State's office Registryhow kept. Sec. 2. It is further enacted , That each and any railroad company accepting the provisions and restrictions of the Act granting State aid shall make known such acceptance to the Governor, in writing, which acceptance shall be filed in the Executive Department. Railroad bonds, State aid, c. Sec. 3. It is further enacted , That the Secretary of State shall require of each railroad company whose bonds are endorsed by the State, one bond of each series that it may issue, which bond shall not be executed, but marked on the face cancelled, and filed in the office of the Secretary of State for reference. One bond of each series issued to be filed in Secretary of State's office

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Sec. 4. It is further enacted , That the Secretary of State shall report annually to the Legislature the amount of railroad bonds endorsed by the State. Secretary of Stateannual report to Legislature. Sec. 5. That the Secretary of State, in consideration of the number of bonds likely to be endorsed and the responsibility incurred, be allowed to charge and retain from the railroad company a fee not exceeding one-twentieth of one per cent. Fees of Secretary of State. Sec. 6. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 25, 1870. [No. 69.O. 244.] An Act to extend the present limits of the city of Augusta, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia , That the present corporate limits of the city of Augusta be extended to include the territory comprised in the following limits, to-wit: Commencing at the intersection of Twiggs and South Boundary streets; thence down the Savannah road, or Twiggs street, extended to its junction with the Turknett Spring road; thence along said last-named road to its intersection with the Carnes road; thence along said Carnes road to the present northwest corner of the city of Augusta, formed by the termination of South Boundary street at said Carnes road, thus including the area inclosed by the Savannah road, Turknett Spring road, Carnes road and South Boundary street. Limits of the city of Augusta extended. Bondaries. Sec. 2. That the streets now bounding the adjacent wards be extended to the Turknett Spring road, and that the territory included between said streets be annexed to the wards they respectively bound, and the number of said wards in the city of Augusta shall not be increased, nor shall the boundaries thereof be changed. Number of wards not to be increased Sec. 3. That so much of any Act as requires any registry fee, or a longer residence in the city than thirty days, is hereby repealed. Registry fee abolished. Sec. 4. Be it further enacted , That in all elections hereafter to be held in the said city of Augusta, no voter shall be required to procure, show or exhibit any registry ticket as a qualification to vote. Registry Tickets not essential as a qualification to vote. Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 25, 1870.

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[No. 70.O. 364.] An Act to make certain persons holding money received under order of Court subject to Rule. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the commissioners appointed by the Superior Courts of this State, under the laws now existing, to partition lands owned by tenants in common, when it is done by a sale of the lands for the purpose of making division among the respective owners, shall be liable to rule by the Superior Court, as Sheriffs are liable for all moneys which they have or may receive for the lands sold by them, and which they are required by existing laws to return to the court, and which the court is directed to distribute among the parties entitled to the same; and in case they fail to pay the money into court in obedience to a rule against them, they shall be attached as for a contempt instanter, and imprisoned without bail or mainprize, until such payment is made, as Sheriffs are now liable for money collected by them and not paid over in obedience to a rule. Partitioners of lands of co-tenants liable to rulewhen. Default of partitionershow punished. Sec. 2. That all laws and parts of laws conflicting with this Act are hereby repealed. Approved October 27, 1870. [No. 71.O. 363.] An Act to alter and amend an Act passed October 6, 1868, entitled an Act to carry into effect Section 12, Division 2, Article 5, of the Constitution of the State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That so much of said Act passed October 6, 1868, as fixes upon the county to which the trial is removed all the costs but county jail fees of accused, be, and is hereby, altered so as to charge the county where the case removed did originate with the costs of all witnesses entitled to compensation, and to make such county liable and bound to pay all costs and fees due to witnesses under said Act of October 6, 1868, and not yet settled and paid. Costs of witnesses in criminal cases to be paid by co. where case originated. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 27, 1870.

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[No. 72.O. 362.] An Act to amend an Act passed March 13, 1869, entitled an Act to amend an Act entitled an Act to protect the planters of this State from imposition in the sale of Fertilizers. Section 1. Be it enacted by the General Assembly of the State of Georgia , That section second of an Act entitled an Act to amend an Act to protect the planters of this State from imposition in the sale of fertilizers, c., be construed to mean that place, town or city where fertilizers shall be received in quantities by the seller, ordering the same from manufacturers or dealers outside of this State. Fertilizerswhere inspected. Sec. 2. Be it further enacted , That the seller be required to furnish the analysis to each purchaser in printed form, that the purchaser may know the value and quality of the same. Analysis to be furnished to purchaser. Sec. 3. Be it further enacted , That the inspectors be directed to publish all condemned lots in one or more public newspapers in the town or city where such inspection is made; and that all such condemned fertilizers be held by the inspector for the payment of inspectors' and printers' fees. Condemned fertilizers how disposed of. Sec. 4. Be it further enacted , That each and every dealer in fertilizers shall report the same to the inspector for inspection and analysis before offering the same for sale. Report of dealers to Inspector. Sec. 5. Be it further enacted , That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 27, 1870. [No. 73.O. 361.] An Act to repeal an Act to prohibit and make penal the sale and purchase of agricultural products in the counties of Lowndes and Macon, after night, by an from tenants by the year, or hired laborers, without written permission from the owner of the land on which the same was raised, or his authorized agent. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the above recited Act, bearing date March 4, 1869, be, and the same is hereby, repealed. Repeal. Sec. 2. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved October 27, 1870.

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[No. 74.O. 360.] An Act to alter and amend Section 4245 of Irwin's Revised Code, by striking out of said section the words, to work in a chain gang on the public works, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the words to work in a chain gang on the public works, which occur in fourth and fifth lines of section 4245 of Irwin's Code, be, and the same are hereby stricken from said section, and chain gangs shall no longer exist or be tolerated in the State of Georgia, for persons convicted of misdemeanors. Section 4245 of Code amended. Chain gang system of punishment for misdemeanors abolished. Sec. 2. Be it further enacted , That said section be further amended by substituting for the words herein stricken out, the words to work on the city or town streets, or county roads, not longer than six months; but in no case shall such prisoners be chained or otherwise confined in a gang, but shall be guarded. Employment of prisonersplace and term of. Sec. 3. Be it further enacted , That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved October 27, 1870. [No. 75.O. 358.] An Act to amend section 3151, part 2, title 9, chapter 14, of the Revised Code. Section 1. The General Assembly of the State of Georgia do hereby enact , That from and after the passage of this Act, section 3151 be, and the same is hereby, amended by adding immediately after the word Solicitor, and before the word and, in three lines from the top, the following, to-wit: But in such cases a rule nisi to be granted by the Judge, stating the grounds of the application, and fixing the time and place of hearing, shall be served upon the complainant or his Solicitor at least ten days before the hearing of such motion, and in all cases the party called upon to show cause shall have the right to begin and conclude. Sec. 3151 of the Code amended. Proceedings on motions to dissolve injunctions. Sec. 2. And be it further enacted , That all laws and rules conflicting with this act be, and the same are hereby, repealed. Approved October 27, 1870.

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[No. 76.O. 359.] An Act to amend the fourteenth section of the Act passed on the third day of October, 1868, which provides for setting apart a homestead of realty and personalty, so far as it applies to such articles of property as are exempt from levy and sale as specified in the 2013th section of Irwin's Revised Code. Section 1. The General Assembly of the State of Georgia do enact , That all the property mentioned in the 2013th section of Irwin's Code of every debtor who is the head of a family shall be exempt from levy and sale by virtue of any process whatever, under the laws of this State, and all that shall be required to enable a debtor to avail himself of the benefit of said law, is to make out a schedule of the property claimed to be exempt and return the same to the Ordinary of the county, without making any application for homestead, and it shall not be necessary to publish the same in a gazette. Property exempt from sale. Schedule of property to be returned to Ordinary. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 27, 1870. [No. 77.O. 356.] An Act to alter and amend an Act entitled an Act to organize a Criminal Court for each county of this State. Section 1. The General Assembly of the State of Georgia do enact , That so much of the first section of the above recited Act as gives Justices of the Peace and Notaries Public, living in the militia districts in which the county town is situated, and the militia district having one incorporated town within their limits, exclusive jurisdiction to try offenses committed against the laws of this State be, and the same is hereby, repealed, so far as the same extends to the counties of Chattooga, Walker, Murray, Gwinnett and Polk, shall have equal jurisdiction with the officers mentioned in the first section of the Act of which this is amendatory. Repeal. Sec. 2. Repeals conflicting laws. Approved October 27, 1870. [No. 78.O. 357.] An Act to regulate claims in certain cases, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the passage of this

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Act, in all cases where claimants are unable to give bond and security, as now required by law in claim cases, it shall and may be the privilege of such claimant to file, in addition to the oath now required, an affidavit as follows: I, A. B., do swear that I do not interpose this claim for delay only; that I bona fide claim the right and title to the same; that I am advised and believe that said claim will be sustained, and that from poverty I am unable to give bond and security, as now required by law. And when said affidavit shall have been made and delivered to the levying officer, the same shall suspend the sale in the same manner as if bond and security had been given. Affidavit of claimantwhen unable to give bond and security. Sale must be suspendedwhen. Sec. 2. Be it further enacted , That if the property levied upon be personal, and the claimant unable to give a forthcoming bond, it shall be the privilege of the plaintiff in fi. fa. to give such bond, and, upon such bonds being given, to be approved by the levying officer, it shall be the duty of the levying officer to deliver said property to said plaintiff; but in no event shall the plaintiff be allowed any compensation for keeping said property. Plaintiff in fi. fa. may give bondwhen. Property to be delivered to plaintiffwhen. Sec. 3. Be it further enacted , That in the event the claimant is unable, and the plaintiff neglects or refuses to give said bond for the forthcoming of the property, the claimant may apply to the Ordinary, and procure an order for the sale of the same; and when said order has been granted, it shall be the duty of the levying officer to advertise the time and place of sale at not less than three public places, to be selected in different parts of the county in which the sale is to take place, for fifteen days immediately preceding the time of sale, and on the day of sale, between the hours of ten A. M. and one P. M. said property shall be sold, and the money arising from such sale shall remain in the hands of the levying officer, subject to the order of court upon the final hearing of the claim. Claimant may cause personal property to be soldwhen. Propertyhow advertised and sold. Proceeds of sale. Sec. 4. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 27, 1870. [No. 79.O. 365.] An Act to change the times of holding the Superior Courts in the counties of Emanuel and Taliaferro. Section 1. Be it enacted by the General Assembly , That from and after the passage of this Act, the times for holding the Superior Courts of Emanuel county shall be on the first Monday in May and November in each year, instead of the times now established by law. Time of holding Superior Cou's in Emanuel county.

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Sec. 2. Be it further enacted , That the Superior Courts of the county of Taliaferro hereafter be held on the second Monday of November and May of each and every year. In Taliaferro county. Sec. 3. Be it further enacted , That this Act do not go into effect until the year 1871, and that no court be held in said county of Taliaferro in November of the present year. This Act takes effectwhen. Sec. 4. Be it further enacted , That all process, summons, order or other proceedings of said court of said Taliaferro county be transferred to and returnable to said November and May terms as they would have been to August and May terms if this Act had not been passed. Returnshow made. Sec. 5. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 29, 1870. [No. 80.O. 373.] An Act to organize The District Court and define its jurisdiction, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia , That there shall be organized in each Senatorial District in the State, except 2, 3, 5, 6, 7, 15, 16, 27, 28, 31, 32, 33, 34, 38, 39, 40, 41, 42, 43, and 44 Districts, a court, to be styled The District Court, the Judge of which shall be known as District Judge. For said court there shall be in each district a prosecuting officer, to be called District Attorney. District Court to be organized. Senatorial Districts excepted. Name and style. District Judge. Sec. 2. The District Judge and Attorney shall be appointed by the Governor, with the advice and consent of the Senate, and hold their offices for a period of four years. The District Judge and District Attorney shall receive salaries on the specie basis, as follows, to-wit: In those districts where the population is under ten thousand, the salary of the District Judge shall be five hundred dollars, and that of the District Attorney shall be two hundred and fifty dollars. In those districts where the population is over ten thousand and under fifteen thousand, the salary of the District Judge shall be seven hundred and fifty dollars, and that of the District Attorney shall be three hundred and twenty-five dollars. In those districts where the population is over fifteen thousand and under twenty thousand, the salary of the District Judge shall be one thousand dollars, and that of the District Attorney five hundred dollars. In those districts where the population is over twenty thousand and under twenty-five thousand, the salary of the District Judge shall be twelve hundred and fifty dollars, and that of the District Attorney shall be six hundred and twenty-five dollars.

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In those districts where the population is over twenty-five thousand and under thirty thousand, the salary of the District Judge shall be fifteen hundred dollars, and that of the District Attorney shall be seven hundred and fifty dollars. In those districts where the population is over thirty thousand and under forty thousand, the salary of the District Judge shall be seventeen hundred and fifty dollars, and that of the District Attorney shall be eight hundred and twenty-five dollars. In those districts where the population is over forty thousand, the salary of the District Judge shall be two thousand dollars, and that of the District Attorney shall be one thousand dollars. Appointment of District Judge Attorney. Salaries of Judges and Attorneys. Sec. 3. There shall be levied in the several counties composing each Senatorial District, such tax upon the taxable property returned therein as, together, will raise an amount sufficient to pay the salaries of the District Judges and Attorneys of said district, which shall be paid into the county treasuries of each county respectively, and by the County Treasurers paid to said officers in quarterly payments. Salaries of Judges and Attorneys to be raised by taxation. Sec. 4. The Clerks of the Superior Courts of the several counties composing each Senatorial District shall be ex-officio clerks of the District Court, to act in their respective counties; it shall be the duty of the Sheriff and his deputies to attend the sessions of the District Courts sitting in their counties, and execute any writs, process or order of the same, as in the Superior Court. The Clerks, Sheriffs and deputies, for services rendered in said courts, shall receive the same fees as now allowed by law for like services in the Superior Courts. Clerks of Superior Courts are ex-officio Clerks of District Court. Fees of officers. Sec. 5. The District Judge, at the time of his appointment as such, shall be not less than thirty years of age, and have resided in the district for which he is appointed at least one year. The District Attorney, at the time of his appointment as such, shall have arrived at the age of twenty-one years, have been for one year a resident of the State, and for six months a resident of the district, and be a practicing lawyer. Before entering upon the discharge of their respective duties, the District Judge shall take the oath prescribed for Judges of the Superior Courts, and the District Attorney that for Solicitors General. And such District Attorneys shall enter into a bond, with security to be approved by the District Judge, in the sum of one thousand dollars, payable to his Excellency the Governor, for the time being, and his successors in office, conditioned to pay over all moneys arising from fines and forfeitures, into the county treasury, as required by the terms of this Act. Qualifications of District Judge. Of District Attorney. Oath. Bond of District Attorneys. Sec. 6. The District Judge shall hold his court in each county composing the district in which he is judge, once in each month, for the trial of offenses, and for the hearing of applications for the eviction of trespasses, intruders and tenants holding over, for the

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partition of personal property, for the trial of possessory warrants proceeding under distress warrants, and habeas corpus cases. The times at which said court shall be held in each county shall be fixed by the District Judge, notice of which shall be given by publication in the gazettes in which Sheriffs' sales are published for said counties for thirty days before the first sitting; the times for the sittings of this court shall not be changed by said Judges, except notice be given as hereinbefore provided. District Courts to be held once a month. Jurisdiction. Time of holding Court in each county Sec. 7. The District Court shall have jurisdiction to hear and determine all offenses not punishable with death or imprisonment in the Penitentiary, which shall be tried on written accusations setting forth plainly the offense charged, shall be founded on affidavit containing the name of the accuser, and be signed by the District Attorney. The proceedings, after the accusation, shall conform to the rules governing in the Superior Court in similar proceedings, except there shall be no jury, unless demanded by the accused, in which case the jury shall consist of seven, to be selected as hereinafter provided. Extent of criminal jurisdiction. Accusations and affidavit Proceedings as in Superior Court. Jurieswhen allowed. Sec. 8. That if any offense is charged which is in the jurisdiction of the District Court, and upon the trial thereof it shall appear that the crime committed is of a grade beyond its jurisdiction, the trial thus begun shall be regarded as if before a court of inquiry and be disposed of accordingly. District Court-court of inquirywhen. Sec. 9. That every accusation in the District Court shall be in order for trial at the session at which it is preferred, subject to continuance according to the rules of law as practiced in the Superior Courts, but it shall be the duty of the Judge to allow reasonable time to both parties to summon witnesses, and to the defendant to procure counsel. Trial of Accusationswhen. Continuances. Sec. 10. That if the accused has no counsel, and is unable to employ counsel, it shall be the duty of the Judge to assign counsel to the accused and issue subp[UNK]nas for such witnesses for his defense, and, if necessary, to compel their attendance. Council for accused. Subp[UNK]nas for witnesses. Sec. 11. That the District Judge shall have power to use the county jail of the county in which the trial is had or judgment rendered for the detention of the accused parties, and for the punishment of those convicted of offenses, or guilty of contempt. Commitments by the District Judge shall be lawful warrants to the jailor and be by him obeyed. District Judge may use County jail. Sec. 12. All civil cases at the monthly sessions shall be tried by the Judge without the intervention of a jury, unless demanded by one of the parties to the record. Civil cases tried without jury. Sec. 13. Certioraries may be had under the sanction and order of the Judges of the Superior Courts of the circuit in the county in which the case is heard, in all cases, civil and criminal, heard at the monthly sessions, upon the petition in writing to said Judge, of the party complaining of error in ten days after the trial, with

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notice to the opposite party or his attorney; in criminal cases, to the District Attorney, which petition shall state the grounds of complaint and give a brief of the material evidence, to be agreed upon by counsel or approved by the court, which writ of certiorari being delivered to the District Judge, it shall be his duty to send up to said Judge of the Superior Court, properly certified, a copy of the proceedings of the District Court in the case, with a statement of the material evidence; and the Judge of the Superior Court shall hear and finally determine the same at chambers or the session of the Superior Court, as may by him seem proper. Upon hearing the return to the writ of certiorari in criminal cases, the Judge of the Superior Court may either grant a new trial or pass such judgment or sentence as, in view of the whole case, is consistent with justice. Upon notice to the District Judge of the application by a defendant in a criminal case for a writ of certiorari, the sentence shall be suspended for ten days, and if the writ be issued, then until the same is decided. Certioraries. Return of proceedings Judge of the Superior Court may grant new trial in criminal cases. Writ of certiorari operates as supersedeas. Sec. 14. When any criminal case is carried up by certiorari, it shall be the duty of the District Attorney to prosecute the same for the State in the Superior Court. Duty of District Att'y. Sec. 15. As soon as practicable after the appointment and qualification of the District Judges, it shall be their duty severally to procure a list of persons selected for jurors for the Superior Courts in the counties composing the several districts, and placing the names on separate slips deposit them in a jury-box, to be provided by them for their courts in each county of their districts, which names shall constitute the list from which the juries for their courts shall be drawn. At every fourth monthly session of their courts, it shall be the duty of the District Judge to draw from said box the names of twelve persons, who shall be summoned by the Sheriff, or his deputy, to serve as jurors at the next three succeeding monthly sessions of the court, from which twelve persons, if in attendance at the next term of the court, a jury of seven shall be drawn for the trial of all cases at said session, and the next two succeeding. If from any cause there be not seven of the said twelve persons so summoned as aforesaid present at the said session, the District Judge shall cause to be summoned a sufficient number of tales jurors, who shall have been selected as qualified jurors in said county to make up the jury of seven. Jurieshow drawn, summoned, c. Tales jurors. Sec. 16. The jurors serving in the district shall take the same oath as is provided for like jurors in the Superior Court, and they shall be paid in the same manner. Oath and compensation of jurors. Sec. 17. The District Judge shall have authority within his district to issue, hear and determine bail process in civil cases, admit to bail in criminal cases, issue attachments, foreclose mortgages on personal property, issue warrants of distress for rent, issue possessory warrants, writs of habeas corpus, the enforcement of

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statutory liens and other writs or warrants authorized by law and not within the jurisdiction of some other court or office. He may attest contracts or deeds of registry, administer oaths and exercise all the powers of a Justice of the Peace in matters civil and criminal, and issue warrants requiring offenders to be brought before some other Judge or Justice, but he shall not sit singly or in conjunction with others as a court of inquiry. Powers of Dist. Judge. Sec. 18. The District Court shall be a court of record; it shall be held at the court-house of each county. It shall be the duty of the clerk to keep the minutes of the court and record its proceedings, and issue its orders and processes as in the Superior Court. Is a Court of Recordwhere held. Duties of Clerks as to minutes, c Sec. 19. The clerk of the court shall keep a subp[UNK]na docket, a docket for civil cases generally, a criminal docket and execution docket. Clerk must keep certain dockets. Sec. 20. It shall be the duty of the District Attorney to give prompt attention to the collection of all fines and forfeitures, and to pay the same over to the clerk, who shall enter a receipt therefor on the minutes of the court. The clerk shall pay all such sums of money over to the County Treasurer, taking his receipt therefor, in a book to be kept for that purpose; and the Grand Jury shall at each term of the Superior Court carefully examine the records of the District Court as to the matter of fines and forfeitures, ascertain whether or not the same have been duly collected and paid over in accordance with the requirements of this section, and report the result of their examination in their general presentments; and the Judge of the Superior Court shall, at each term of the Court, give this section of the law in charge to the Grand Jury. Duties of District Attorney as to collection of fines. Grand Jury to examine records. Charge of Judge to Grand Jury Sec. 21. And be it further enacted , That whenever a prosecution shall be found in any of the Superior Courts against any person for any offense not punishable by death, or confinement in the Penitentiary, the same may be tried in the said District Court, at the discretion of the presiding Judge of the Superior Court: Provided , That the accused shall consent, in writing, to be tried upon the prosecution found in the Superior Court, upon the same being transferred to said District Court; and the Clerk of the Superior Court shall transfer all papers in the case. Cases below felony may be transferred from Superior to Dis't Court. Proviso. Sec. 22. That all laws giving Justices of the Peace and Notaries Public ex officio Justices of the Peace jurisdiction in criminal cases be, and the same are hereby, repealed. And this Act shall go into effect on the first day of January next. County Criminal Court abolished. Sec. 23. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 28, 1870.

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[No. 81.O. 376.] An Act to change the time of holding Superior Courts in the county of Rabun. Section 1. The General Assembly do enact , That from and after the passage of this Act the Superior Courts for the county of Rabun be held on the first Mondays in April and October, as prescribed by the Code of Georgia. Superior Courts of Rabun cowhen held. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same hereby, repealed. Approved October 28, 1870. [No. 82.O. 375.] An Act to regulate the mode of joining issue upon appeal cases founded upon proceeding had before Justice Court, in regard to the enforcement of Laborers' liens, and for other purposes. Section 1. Be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the passage of this Act, in all cases when affidavit shall be filed for the purpose of enforcing liens of laborers and mechanics, as provided for in an Act entitled to carry into effect the thirtieth section of the first article of the Constitution of the State, upon the subject of liens of laborers and mechanics, approved March the 19th, 1869; and said affidavit shall be made before a Justice of the Peace or Notary Public and ex officio Justice of the Peace; and counter affidavit shall be filed, as now provided by law. It shall be the privilege of either party, when the sum in controversy exceeds the amount of fifty dollars, to appeal from the decision of such Justice or Notary, and when the same shall be called by the Superior Court for adjudication, the same shall be tried before a special jury, and the original affidavit of the plaintiff and the counter affidavit of the defendant shall constitute an issue upon which the said special jury shall pass. Laborers' Mechanics' liens. Either party may appealwhen. Issuehow tried. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 28, 1870.

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[No. 83.O. 377.] An Act to repeal section four hundred and fifteen (415) of Irwin's Revised Code, in relation to entering nolle prosequis , and to prescribe the mode of settlement in criminal cases. Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened , That section four hundred and fifteen (415) of Irwin's Revised Code of Georgia, which said section authorizes Solicitors General in this State to enter a nolle prosequi on indictments be, and the same is hereby, repealed, and no nolle prosequi shall be allowed, except it be in open court for some fatal defect in the bill of indictment, to be judged of by the court, in which case the presiding Judge shall order another bill of indictment to be forthwith submitted to the Grand Jury. Sec. 415 of the Code repealed. Nolle pros. when allowed. Sec. 2. And be it further enacted by the authority aforesaid , That all cases of indictments, or special presentments, shall be submitted to and passed upon by the jury, under the direction of the presiding Judge, unless there is a settlement thereof between the prosecutor and defendant, which settlement shall be good and valid only by the approval and order of the court on examination into the merits of the case. Indictments Settlement between prosecutor and defendant must be approved by Court. Sec. 3. Be it further enacted, c. , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 28, 1870. [No. 84.O. 382.] An Act to authorize Executors, Administrators and Guardians of Minor Children to purchase a homestead of realty in certain cases, and for other purposes. Whereas, It is known that in many cases executors and administrators, before the passage of an Act known as the Homestead Act, sold all the real estate belonging to decedent; Preamble. And Whereas, It is known that the money arising from the sale of said real estate is now in the hands of said executors and administrators; And Whereas, Doubts exist as to whether the widow or minor children, in cases where the land had been sold before the passage of the Homsetead Act, is entitled to a sum of more than one thousand dollars in gold as an exemption; An Whereas, The spirit and intent of said Homestead Act was and is that each head of a family, c., shall have exempt from

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levy and sale property of the value of three thousand dollars in specie; Section 1. Therefore be it enacted by the Senate and House of Representatives in General Assembly met , That from and after the passage of this Act, in all cases where the lands belonging to an estate had been sold before the passage of the Act known as the Homestead Act, and the money is still in the hands of the executor, administrator or guardian of minor children, it shall be the duty of the Ordinary, upon application of the executor, administrator or guardian of minor children, to set apart three thousand dollars in gold, or its equivalent in currency, for the use of the widow and minor children, or for the minor children if no widow, two thousand dollars of which shall be invested in a homestead of realty, and the remaining one thousand shall be so appropriated as to best subserve the interest of said widow and minor children, or minor children where there is no widow. Ordinary shall set apart homestead for widows and minor childrenwhen Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 29, 1870. [No. 85.O. 374.] An Act to extend the provision for alimony to the family of the husband to provide for the custody of the children, and for other purposes connected therewith. Section 1. Be it enacted by the General Assembly , That in suits for divorce now pending, or which may hereafter be brought, the Judge presiding may, either in term or vacancy, grant alimony, or decree a sum sufficient for the support of the family of the husband dependent upon him, and who have a legal claim upon his support, as well as for the support of the wife, and may also on said motion hear and determine who shall be entitled to the care and custody of the children pending the litigation, as if the same was before him on a writ of habeas corpus, and in case a sum is awarded for the support of said family, the husband shall not be liable to third persons for necessaries furnished them. Judge may grant alimony for support of familywhen. Custody of children. Sec. 2. Be it further enacted , If the jury on the second or final verdict find in favor of the wife, they shall also in providing permanent alimony for her, to specify what amount the minor children shall be entitled to for their permanent support, and in what manner, how often, to whom, and until when it shall be paid, and this they may also do if from any legal cause the wife may not be entitled to permanent alimony, and the said children are not in

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the said category; and when such support shall be thus granted, the husband shall likewise not be liable to third persons for necessaires furnished the children embraced in such verdict, who shall be therein specified. Jury must specify am't of support for minor children. Husband not liable to third persons for support of childrenwhen. Sec. 3. Such orders, decress, or verdicts, permanent or temporary, in favor of the children, or family of the husband, may be enforced as those in favor of the wife exclusively. Decrees and verdictshow enforced. Sec. 4. When husband and wife are living separately, or are bone fide in a state of separation, and there is no action for divorce pending, the wife may, in behalf of herself and her minor children, or either, if any, institute a proceeding by bill or petition on the equity side of the court setting forth fully her case, and upon three days notice to the husband, the Judge may hear the same in term or vaction, and grant such order as he might grant were it based on a pending libel for divorce to be enforced in the same manner, together with any other remedy applicable in a court of equity, such as appointing a receiver and the like, and should such proceeding proceed to a hearing before a jury they shall decree as provided by section 1738, of Irwin's Code for such cases, but such proceedings shall be in abeyance when a libel for divorce shall be filed, bona fide by either party, and the Judge presiding shall have made his order on the notice for alimony, and when so made such order shall be a substitute for the aforesaid decree in equity as long as said libel shall be pending, and not finally disposed of on the merits. Privileges of wife when living separate from husband no action for divorce is pending. Proceedings of Court. Decree in equity. Sec. 5. The judgments of the Judges of the Superior Court in such cases, whether at law or equity, in term or vacation, or in the progress of the cause, shall be the subject of writ of error, and on the same terms as injunction if any special method shall be for them prescribed; if not, then as in other cases. Judgments of Court subject to writ of error Sec. 6. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 28, 1870. [No. 86.O. 378.] An Act to more effectually execute the Homestead and Exemptions allowed by the Constitution and laws of this State. Section 1. Be it enacted by the General Assembly , That when any person applies for exemption of personalty, and said personalty sought to be exempted consists wholly or in part of cash, before the same shall be allowed finally, shall, under the direction of the Ordinary, be invested in such articles of personal property as the applicant may desire; and when so invested and returned by

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schedule, with or without other property, as the law requires, shall constitute the exemption of personalty, and in no case shall the allowance of cash, without such investment, be a valid exemption. Personal property consisting of cash how set apart. Sec. 2. That whenever any person entitled to a homestead shall not have any real property, or, having such. it is less than the value of two thousand dollars in specie, but shall have cash, or be entitled to such by inheritance, gift or otherwise, such cash shall, under the direction of the Ordinary, be invested in the requisite real estate, as desired by the applicant, as in case of personalty set forth in preceding section; and to insure a homestead in one lot, tract or parcel of land, the Ordinary may, with consent of applicant, order or permit the sale of any real property of less value than said two thousand dollars, and have the proceeds invested with the remaining cash in said homestead. All such proceedings shall be duly recorded. Homestead of realty, when person entitled thereto has no real property, but cash how set apart. Sec. 3. That when a husband, being the head of the family, shall have no property, or property not of sufficient value out of which to set apart a homestead, and the wife has a separate property, whether real or personal, subject to her debts, she may relinquish, assign or set over the same to her husband; and then he or she, as the case may be, under the law may apply and have the realty set apart as a homestead, and the personalty exempt, as prescribed by the laws of force. Wife may relinquish property to husband when. Sec. 4. That when husband and wife are in a state of separation, and the minor children reside with the wife, or by the law she is entitled to their possession, or the court so awards them to her, she, the wife, is the head of the family in the contemplation of the homestead and exemption laws, and, as respects her separate property, may have it set apart without said relinquishment or assignment. Wife is the head of familywhen. Sec. 5. That when the applicant seeks to have set apart a homestead out of town property exceeding in value two thousand dollars in specie, or out of country property not more than five hundred acres, including thereon the family dwelling and appurtenances, which also exceeds said two thousand dollars, said applicant shall have the option to pay, within sixty days from the time said valuation is fixed, the difference between said valuation and said two thousand dollars; and said excess of value contained in such property shall be governed in all respects by the homestead and exemption laws now of force, and shall be thereafter as fully exempt from levy and sale as if the husband, or other head of a family, had made a bona fide and legal settlement of the same on the wife and minor children, or either, for their use, benefit or maintenance, which shall thereafter stand as property exempt by law from levy and sale, distinct from that permitted by the Constitution; and when such application shall be published by the Ordinary, as now required by law, he shall state that the realty

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exceeds in value two thousand dollars, as provided by this law; and in addition to the right which any creditor has to contest said valuation, according to the sixth section of the Act of third of October, 1868, any creditor, other than the one so contesting, may make himself a party to said issue on the appeal, or, if there is no appeal, may come into the next Superior Court of the county, whenever held, and make such issue: Provided , The sixty days hereafter prescribed for advertisement shall have elapsed, and if not, then at the succeeding term, if said issue shall be found in favor of the applicant, and the judgment is not reversed, it shall be final and conclusive; but if against the applicant, the jury shall say how much more the premises are worth; and if such finding stands, the applicatn shall have thirty days from the rendition of final judgment, or until the succeeding term of the Superior Court, in which to pay said excess; and if not so done, said application for homestead shall fail, or to be taken for so much as it is worthsaid two thousand dollarsor be sold pursuant to law, for the benefit of the creditors. The Ordinary, as soon as he grants said homestead and exemption of realty, shall notify the Clerk of the Superior Court of the county of the proceedings, who shall make advertisment of the facts, and give notice to creditors in the gazette where he does his official advertising, for as much as sixty days prior to the next session of the Superior Court, at which such creditors may come in and be heard. The excess in valuation aforesaid shall be paid to the Sheriff of the county, who shall hold the same until finally disposed of by order of the Superior Court, unless placed in the hands of a receiver; and said fund shall be distributed among the creditors according to their several priorities, as other assets of insolvent persons for distribution by the court. When realty sought be set apart exceeds $2,000 in value applicant may pay difference. Creditor may contest valuation. Appeal. Proviso. Public notice to creditors. Sec. 6. That all additional costs imposed by the proceedings aforesaid to have a homestead set apart, or personalty exempt, shall be paid by the applicant as in other cases. Costs by whom paid. Sec. 7. That any single person, male or female, or married person in a state of separation, who at the time of the adoption of the present State Constitution, or before, lived habitually as housekeeper to himself or herself, on his or her own land, is hereby declared to be the head of a family, and is entitled to all the benefits of homestead and exemption laws, so far as applicable, or such persons as aforesaid shall have exemption from levy and sale as much land and as much personalty as said homestead and exemption laws allow, and upon the principles thereof, provided there is a compliance with the provisions of said laws. Heads of families who are. Sec. 8. That when a widow, upon the decease of her husband, is entitled to dower in the lands, and a homestead is laid out for the family of the deceased, including the dwelling house and appurtenances, whether in town or country, which is worth more

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than two thousand dollars in specie, said widow may at her option, if she elects to take money in lieu of dower, leave said money, or so much thereof as may be necessary, in the hands of the representative of the estate, and such amount now remaining must be applied to the payment of the deficit. Privileges of widow when entitled to dower. Sec. 9. That when a widow makes application for a homestead in the realty of her deceased husband, which realty exceeds the value of two thousand dollars in specie, and cannot be divided so as to give a homestead of that value in accordance with the terms of the 7th section of the Act, 3d October, 1868, and which has not been levied on and sold within twelve months from the death of the husband, the Ordinary shall, if the widow requires and establishes her right thereto, grant an order for the sale of the premises by the legal representative of deceased's estate in the manner that the law now requires for the benefit of heirs or creditors, but so far prescribing the terms of sale as to require the two thousand dollars of its purchase money in specie, or specie value, to be paid in cash, unless the widow consents to different terms, and when so sold, the proceeds of sale, to the value aforesaid, shall be invested in accordance with the section and Act aforesaid: Provided, always , That such legal representative shall have ten days' notice, in writing, of such application for sale before the time appointed for the hearing, that he may make such showing as he has to the contrary: And provided, also , That all claims to dower in and to the property aforesaid shall be first adjusted so that said two thousand dollars shall be free from any claim thereon of the widow for dower, and to this end the widow shall be first paid or satisfied to the value of her dower in and to the particular piece of realty sought to be sold, as prescribed by the law now of force for accepting the value of dower in money; but to this claim the assent of the representative of the estate shall not be necessary. If any such representative refuses or neglects to comply with the order of the Ordinary aforesaid, his letters shall be immediately revoked and another representative appointed in his stead. Homestead of widow, when realty exceeds $2,000 in valuehow set apart. Proviso. EXPLANATION OF AMENDMENT. Since the widow and minor children are entitled to the late provisions for homestead, in some instances there has been a combination between the creditors and representatives of the estate in regard to property that cannot be divided, and is worth more than two thousand dollars in specie, not to sell the same by the representative, or to be levied on and held by the creditor, but to keep it rented and apply the yearly rental to the debt or debts, thus depriving the widow and children for an indefinite period of their right to a homestead, greatly to their inconvenience, injury and damage. This happens where the widow, from necessity, convenience,

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or any cause, is compelled to move from the dwelling house, and thus place it in the possession of the representatives, which she has the right to hold until her dower is assigned. Strange to say, that except by implication, and that too remote for certainty, there is no provision in our law for the enforcement of her claim to dower in property which cannot be divided in kind, by procuring a decree for its sale, and having the money value of her dower paid to her. By section 1761 this can be done in any or all of the dowerable property; but by the assent of the executor or administrator only; and when such have combined against the widow, of course they will not assent. See sections on subject of dower, the assignment of dower and partition. It may be done under sections 3127-8-9, touching partitions in equity; but it is doubtful, and the process too slow. Explanatory Sec. 10. All laws and parts of laws militating against this Act are hereby repealed. Approved October 28, 1870. [No. 87.O. 383.] An Act to confer jurisdiction of misdemeanors on the Superior Courts of the State of Georgia. Section 1. Be it enacted by the General Assembly of the State of Georgia , That the Superior Courts of the State of Georgia are hereby invested with full and complete jurisdiction of misdemeanors, and with authority to try and dispose of them as before the Constitution of 1868. Superior Courts invested with jurisdiction of misdemeanors. Sec. 2. Be it further enacted , That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 29, 1870. [No. 88.O. 379.] An Act to regulate the practice in the Supreme Court in certain particulars. Section 1. Be it enacted by the General Assembly , That no case shall be dismissed in said court for want of the certificate of the Clerk of the Superior Courts to, or the time of the transmission of the record within the time now prescribed by law: Provided , Said record arrives at said Supreme Court in time to be heard at the term to which it is by law returnable. Dismisals of cases in Supreme Court Proviso.

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Sec. 2. That if a case has been transmitted in time to reach the Clerk of the Supreme Court twenty days before the first day of the term, but does not, either party may, on the first day of the term, if the record has arrived, move the court to have it entered and heard in its order at that term; and if the court shall be satisfied it was so transmitted in time, or, if not transmitted in time, it was by reason of the act of the defendant in error to produce delay, or tending to produce delay, the motion shall be granted. Cases transmitted, but not received in timewhen entered. Sec. 3. The brief of evidence on motion for new trial, filed and approved according to law, is hereby declared to be a part of the record of the case to which it applies, and need not, except by reference thereto, be embodied in the bill of exceptions. Brief of evidence is a part of record. Sec. 4. That no rule of said Supreme Court shall have the effect to dismiss any case, as a penalty upon counsel or client for non-compliance with any rule or rules of said court, where there has been a substantial compliance with the laws prescribing the method of bringing cases to said court; but the penalty for a violation of such rules shall be as for a contempt under the provisions of the Georgia Code now of force. Effect of rules of Supreme Court Penalty for violating rules. Sec. 5. That when a cause shall be for hearing before said court, and there are parties besides the plaintiffs and defendants, whether shown by the record or not, who have a direct interest in its result, the court shall allow such other parties to appear by counsel on equal terms with the parties directly before the court: Provided , Said interest is made to appear. Privileges of parties other than the plaintiff and defendant, upon hearing cause. Sec. 6. That when the counsel on either side shall apply to the court for an extension of the time in argument beyond the time prescribed by the rules, and said counsel shall state in his plea, or on oath, in the discretion of the court, that he or they cannot do the question or questions involved justice within the prescribed time, and that for said purpose it will require additional time, stating how much, in his judgment, it will so require, the court shall grant such request. Extension of time for argument by counselhow granted Sec. 7. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 29, 1870. [No. 89.O. 380.] An Act to prescribe the practice in cases of Injunctions and other extraordinary remedies in Equity, and the manner of taking Judgments on the same to the Supreme Court. Section 1. Be it enacted by the General Assembly , That in all cases of applications for injunctions, the Judge to whom presented shall,

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before granting an order for the same, cause sufficient notice of the application to be given to the party sought to be enjoined, and of the time and place when he will hear the motion; and no order for such injunction shall be granted until such party can be heard, unless it is manifest to such Judge, from the sworn allegations in the bill, or the affidavit of a competent person, that the injury apprehended will be done if an immediate remedy is not afforded, when he may grant instanter an order restraining the party complained of until the hearing or the further order of the court, which restraining order shall have all the force of an injunction, until rescinded or modified by the court. Notice to party to be enjoined must be given before order is granted. When granted without notice. Sec. 2. That when said hearing shall take place, in conformity to the rules of law now existing for granting and dissolving injunctions, the Judge before whom said hearing takes place may grant or refuse said injunction on the terms the law now requires; and either party may have writ of error to the Supreme Court from such decision upon complying with the law appertaining to the same. But no such writ of error, or other proceeding for the obtainment of the same, shall have the effect to establish or deny any injunction independently of the order of such Judge, who shall, on rendering the decision, or in granting the writ of error, make such order and require such bond as may be necessary to preserve and protect the rights of the parties until the judgment of the Supreme Court can be had thereon, and which he shall do as well in cases of refusal as of granting. Writ of error. Bond. Sec. 3. That the bill of exceptions in such cases shall be tendered and signed within ten days from the rendition of the decision, and the opposite party be served within five days from such signing, with such bill of exceptions. And the clerk shall, within five days from such service, make out a transcript of the record and transmit the same immediately to the Supreme Court then in session, and if not in session, then to the very next session; and its arrival by the first day of the term, or at any time thereafter during the term, shall be sufficient to insure a hearing. If said record being returned to a court then in session should fail, after legal diligence to arrive in time for a hearing before the adjournment, then it stands over until the next term. Tendering of bill of exceptions. Service upon opposite party. Hearing of cause in Supreme Court. Sec. 4. That upon the receipt of all such cases by the Clerk of the Supreme Court, he shall place it immediately on the docket of the circuit to which it belongs, but at the request of either party, the Judges of the Supreme Court shall hear said cases without delay and without respect to the order of circuits, or their order in their circuit, unless said Judges adopt some rule for the more speedy and systematic hearing of such cases in compliance with the spirit of this Act, giving them precedence. Duty of Clerk of Supreme Court as to docketing case. Cause when to be heard without delay. Sec. 5. That when judgments are rendered in such cases the Judges of the Superior Courts are hereby clothed with the power to give immediate effect to such, either in term or vacation. Judgments how enforced.

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Sec. 6. That the provisions aforesaid apply to applications for the appointment of receivers or other extraordinary remedy in equity, and must be observed to the extent applicable. Appointment of Receivers. Sec. 7. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 29, 1870. [No. 90.O. 381.] An Act to declare more fully the meaning of Section 4203, and 4222, of the Code of Georgia, and to provide for entering up Judgments on Bonds of Supersedeas, where cases have been carried to the Supreme Court. Section 1. The General Assembly do enact , That the true intent and meaning of said sections is, that whenever bonds and security have been given to obtain a supersedeas where a case is carried to the Supreme Court, and the judgment of the court below is affirmed, it shall and may be lawful for the party gaining said case in the Supreme Court to enter up judgment against the principal and his securities on said bond, in the same way and manner that judgment is entered up on appeal bonds, or bonds given for the stay of execution. Party gaining case may enter up judgment on bond of opposite party-when. Sec. 2. And be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 29, 1870. [No. 91.O. 385.] An Act to allow C. W. Herndon, of the county of Campbell, and all persons who have lost a leg or arm to peddle without license in this State. Section 1. The General Assembly do enact , That from and after the passage of this Act, C. W. Herndon, of the county of Campbell, and all persons who have lost a leg or arm be allowed to peddle without license in this State. Maimed persons may peddle without license. Sec. 2. Be it further enacted , That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 31, 1870.

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RESOLUTIONS. [No. 1.O. 17.] A Resolution in relation to the purchase of the Capitol Building. 1. Resolved , That the proposition of the city of Atlanta to donate the bonds of the city to the amount of one hundred and thirty thousand dollars, any ten acres of unoccupied land within the corporate limits of the city, and to furnish, free of cost to the State, a mansion suitable for the use of his Excellency the Governor, for the term of ten years, in lieu of her present contract with the State to furnish a capitol building for the term of ten years be, and is hereby, accepted. Certain propositions of the city of Atlanta accepted. 2. Resolved , That the proposition of the Messrs. Kimball for the sale to the State of the capitol building and the fixtures, furniture, c., be, and is hereby, accepted. Proposition of Messrs. Kimball accepted. 3. Resolved , That a committee of one from the Senate and one from the House of Representatives be appointed to examine into the titles and arrange all the details, upon the basis of the propositions of the Messrs. Kimball and the City Council; and on the application of said committee, the Governor be, and he is hereby, authorized to issue to the Messrs. Kimball seven per cent. bonds of the State, having twenty years to run, reserving in his possession a sufficient amount of said bonds to secure the return to the State of the $54,500 paid by his Excellency the Governor to the Messrs. Kimball; and it shall be the duty of said committee to see the said amount of $54,500 is returned to the State. Committee to examine titles, c. Gov. to issue State bonds to the Messrs. Kimball in payment of Capitol building. Approved August 23, 1870. [No. 2.O. 43.] A Resolution in relation to the purchase of an Executive Mansion. Whereas, the present temporary residence of his Excellency the Governor is not suited for an Executive Mansion, nor becoming the dignity of Georgia; therefore Preamble. Resolved by the Senate and House of Representatives , That his Excellency the Governor be, and he is hereby, authorized to receive

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from John H. James, of the city of Atlanta, a complete warranty title to the State of Georgia, for the city lot, improvements, appurtenances and hereditaments thereto appertaining, on which said James resides, including that portion of the lot in the rear of the residence, as well as all the household and kitchen furniture and all other articles and implements, c., connected with the premises, and the free use of the water-works some distance in the rear until the city water-works are establishedsaid premises to be owned and used by the State as an Executive Mansion. Gov. authorized to receive a warranty title to the State for certain property. Executive mansion. 2. Resolved , That as soon as said James shall have complied fully with the foregoing provisions and put his Excellency in full possession of all said property, then his Excellency the Governor be, and he is hereby, authorized to pay said James therefor, the sum of one hundred thousand dollars in seven per cent. State bonds having twenty years to run; and also to transfer to said James the claim of the State upon the city of Atlanta, under the contract of said city to furnish an Executive Mansion: Provided , That this shall in no way deprive the State of any of the land promised the State by said city. Gov. to pay purchase moneywhen. Proviso. Approved October 27, 1870. [No. 3.O. 41.] Resolved by the General Assembly of the State of Georgia , That all the official acts of the Comptroller General in the assessment and collection of the various taxes imposed by the Act entitled An Act to levy and collect a tax for the support of the government for the year 1870, and for other purposes, be, and the same are hereby, legalized and made valid to the same extent as they would be had each and every provision of said Act been re-enacted by the General Assembly, and approved by the Governor before said Acts were performed; and that the said Comptroller General be, and he is hereby, fully authorized to continue to perform all acts necessary to complete the collection of said taxes, and to enforce the provisions of said Tax Act: Provided , Nothing herein contained shall be construed to collect of any citizen poll tax under any Act of the General Assembly for the years 1868, 1869 and 1870. Certain acts of Compt. General legalized. Proviso. Approved October 27, 1870.

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[No. 4.O. 35.] Be it Resolved by the Senate and House of Representatives in General Assembly met , That the Wild Land Clerk in the Comptroller General's office be, and he is hereby, required, in making out lists of unreturned wild lands in this State, to take down and properly enter the names of every party and their respective post-office that return wild lands in the various lotteries of this State. It shall be his duty to make a book or checks of each original land district, with their respective numbers, in which the names shall be registered. Said books or checks shall embrace the years 1868, 1869 and 1870. When completed said work shall be turned over to the Comptroller General's office, and kept as a book of reference for the convenience of the citizens of this State; and the Governor be, and he is hereby, authorized to draw his warrant upon the treasury for the amount which he thinks is a reasonable compensation for said work. Certain duties to be performed by the Wild Land Clerk. Ex. Warrant for compensation. Approved October 18, 1870. [No. 5.O. 10.] Whereas, Governor Bullock has drawn his warrants upon the treasury in favor of certain persons for printing done for the Executive Department which have been duly countersigned by the Comptroller General; and Whereas, The State Treasurer, N. L. Angier, has declined to pay the same, inasmuch as the said warrants in his opinion are drawn improperly upon the Printing Fund; therefore Resolved by the Senate and House of Representatives , That the Treasurer be authorized and required to pay said warrants and any other warrants regularly issued by the Executive and countersigned by the Comptroller General in accordance with law, out of any moneys in the treasury not otherwise appropriated. Treasurer required to pay Ex. warrants regularly issued. Approved May 5, 1870. [No. 6.O. 37.] Whereas, The Senate and House of Representatives have disagreed as to the time of adjournment, and his Excellency the Governor having informed us that he will be unable to complete the list of appointments under several weeks; therefore Resolved , That his Excellency the Governor be, and he is hereby, requested to adjourn the House of Representatives on the 25th

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instant, thereby leaving the Senate in session to take a recess without per diem, until the 21st of November next, on which day it will meet again to confirm appointments. Gov. requested to adjourn House of Reps., c. Approved October 24, 1870. [No. 7.O. 42.] Resolved , That his Excellency the Governor be, and he is hereby, directed to appoint a board of three competent lawyers to revise Irwin's Code, and to extract therefrom all extraneous matter or laws in conflict with the Constitution of the State, and that said board shall receive such compensation as some future Legislature may determine. Board of Commissioners to revise Code. Approved October 27, 1870.

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STATE AID TO RAILROADS. The bonds of the following named railroads are to be endorsed by the State of Georgia, in pursuance of the several Acts passed by the General Assembly at its session in 1870, granting State aid to said roads to the amounts set opposite the name of each road respectively, in the following statement, to-wit: NAME OF RAILROAD. AMOUNT OF STATE AID. Albany Columbus Railroad $12,000 per mile. Albany, Mobile New Orleans Railroad 12,000 per mile. Americus Florence Railroad 12,000 per mile. Americus Hawkinsville Railroad 12,000 per mile. Americus Isabella Railroad 12,000 per mile. Athens Clayton Railroad 15,000 per mile. Atlanta Blue Ridge Railroad 15,000 per mile. Atlanta Lookout Railroad 15,000 per 8 miles. Augusta Hartwell Railroad 15,000 per mile. Brunswick Albany Railroad 8,000 additional per mile. Camilla Cuthbert Railroad 12,000 per mile. Chattahoochee Railroad 12,000 per mile. Columbus Atlanta Air-Line Railroad 12,000 per mile. Dalton Morganton Railroad 15,000 per mile. Fort Valley Hawkinsville Railroad 12,000 per mile. Georgia Seaboard Northwestern Railroad 12,000 per mile. Grand Trunk Railroad 12,000 per mile. Great Southern Railroad 12,000 per mile. Griffin, Monticello Madison Railroad 15,000 per mile. Lookout Mountain Railroad 15,000 per mile. Macon Brunswick Railroad 3,000 additional per mile. Marietta, Canton Ellijay Railroad 15,000 per mile. McDonough Western Railroad 12,000 per mile. Memphis Branch Railroad 15,000 per mile. Newnan Americus Railroad 12,000 per mile. North South Railroad 12,000 per mile. North Georgia North Carolina Railroad 12,000 per mile. Ocmulgee North Georgia Railroad 15,000 per mile. Polk Slate Quarry Railroad 15,000 per mile. Savannah, Griffin North Alabama Railroad 12,000 per mile. South Georgia Florida Railroad 12,000 per mile. St. Mary's Western Railroad 15,000 per mile. GOVERNMENT OF GEORGIA. RUFUS B. BULLOCK, Governor. R. H. ATKINSON,[UNK] H. C. CORSON,[UNK] Secretaries Executive Department. S. R. Johnston Messenger Executive Department. DAVID G. COTTING Secretary of State. B. R. Freeman Clerk. MADISON BELL Comptroller General. Thompson Allan Clerk. N. L. ANGIER Treasurer Alton Angier Clerk H. P. FARROW Attorney General JOHN L. CONLEY Librarian

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LEGISLATURE. SENATE. BENJAMIN CONLEY President JOHN HARRIS President, pro tem . J. G. W. MILLS Secretary J. C. HENDRIX Assistant Secretary JAMES M. BISHOP Journalizing Clerk DIS. SENATORS. POST-OFFICE. 31 Bowers, W. F. Bowersville 1 Bradley, A. A. Savannah 38 Brock, Walker Buchanan 8 Bruton, Benj. F. Bainbridge 42 Burns, J. T. Rome 2 Campbell T. G. Darien 34 Candler, M. A. Decatur 4 Colman J. M. Brunswick 18 Conley, Benj. Augusta 5 Corbitt, A. Homersville 12 Crayton, Thomas Lumpkin 41 Dickey, John Morganton 35 Dunning, Jas. L. Atlanta 43 Fain, J. C. Calhoun 6 Griffin, Joshua Valdosta 21 Griffin, Wm. Gordon 27 Harris, John Covington 3 Henderson, B. Blackshear 44 Henry, William Ringgold 16 Hicks, H. Wrightsville 25 Higbee, E. I. Talbotton 24 Hinton, B. B. Buena Vista 39 Holcomb, A. W. Alpharetta 17 Hungerford McW. Waynesboro 13 Jones, W. B. Oglethorpe 28 Jordan, W. F. Monticello 23 Mathews, W. A. Fort Valley 15 McArthur, W. T. Mt. Vernon 30 MeWhorter, J. H. Maxey's 37 Merrell. W. W. Carrollton 9 Nisbet, R. T. Blakely 26 Nunnally, A. D. Griffin 32 Richardson, J. C. Dawsonville 29 Sherman, Josiah Augusta 7 Smith, M. C. Thomasville 36 Smith, W. C. Grantville 22 Speer, T. J. Milner 33 Stringer, A. M. Hog M'tain 14 Traywick, J. W. Hawkinsville 20 Wallace. Geo. Milledgeville 10 Welch, F. O. Albany 40 Welborn, C. J. Blairsville 11 Wooton, C. B. Dawson 19 Vacancy by death of Hon. Jos. Adkins HOUSE OF REPRESENTATIVES. R. L. McWHORTER Speaker EPHRAIM TWEEDY Speaker, pro tem . JOHN J. NEWTON Clerk M. A. HARDIN Clerk, pro tem . J. T. TAYLOR Journalizing Clerk REPRESENTATIVES. COUNTY. POST-OFFICE. Allen, James Hart Hartwell Allen, T. M. Jasper Atlanta Anderson, W. D. Cobb Marietta Armstrong, Joseph Dooly Albany Atkins, J. W. Oglethorpe Lexington Ballanger, M. R. Floyd Rome Barnes, Eli. Hancock Sparta Barnum, J. K. Stewart Lumpkin Beard, Thomas P. Richmond Augusta Belcher, Edwin Wilkes Augusta Bell, W. R. Banks Smyrna Bennett, A. T. Jackson Jefferson Bethune, Marion Talbot Talbotton Bradford, Richard B. Wilkes Danburg Brassell, P. H. Fayette Fayetteville Brewster, T. F. Harris Cataula Bryant, J. E. Richmond Augusta Buchan, J. M. Pulaski Eastman Butts, Wm. M. Marion Buena Vista Caldwell, J. H. Troup LaGrange Campbell, T. G. McIntosh Darien Carpenter, R. W. Pierce Blackshear Carson, W. C. Thomas Boston Clark, W. H. DeKalb Decatur Cleghorn, C. C. Chattooga Summerville Cloud, A. E. Clayton Jonesboro Clower, George H. Monroe Forsyth Cobb, J. A. Sumter Americus Colby, Abram Greene Greenesboro Costin, J. T. Talbot Talbotton Cunningham, James Oglethorpe Lexington Darnell, S. A. Pickens Jasper Davis, Madison Clark Athens Duncan, C. C. Houston Perry Ellis, J. M. Gilmer Ellijay Erwin, W. S. Habersham Clarksville Evans, J. R. Thomas Boston Felder, H. R. Houston Perry Fincannon, McK. Rabun Clayton Fitzpatrick, James Bibb. Macon Floyd, Mundy Morgan Madison Ford, F. M. Bartow Cartersville Fowler, A. S. Catoosa Ringgold Franks, J. E. J. Bibb. Macon Fryer, H. C. Early Blakely Gardner, S. Warren Warrenton Gober, N. N. Cobb Marietta Golden, W. A. Liberty Goldens Grove Goodwin, W. L. Bartow Cartersville Gray, W. B. Walker Cedar Grove Guilford, Wm. Upson Thomaston Gullatt, J. E. Fulton Atlanta Hall, W. N. Bulloch Cameron Hall, R. B. Glynn Brunswick Hall, W. H. F. Meriwether Greenville Hamilton, W. D. Screven Halcyondale Harden, J. F. Newton Conyers Haren, Alexander Fannin Hot House Harkness, T. M. Butts Jackson Harper, G. R. Sumter Plains of Dura Harper, F. M. Terrell Dawson Harris, J. Glascock Gibson Harais, J. N. Murray Spring Place Harrison, James A. Franklin Carnesville Harrison, W. H. Hancock Sparta Hillyer, Virgil Camden St. Mary's Holcombe, H. C. Fulton Atlanta Holden, W. F. Taliaferro Crawfordville Hook, G. M. Milton Alpharetta Hooks, Charles H. Wilkinson Irwinton Houston, U. L. Bryan Savannah Hughes, Haywood Twiggs Jeffersonville Humber, C. C. Stewart Lumpkin Hunter, D. E. Wilcox Abbeville Hutchings, J. R. Jones Clinton Jackson, J. A. Randolph Cuthbert Johnson, A. W. Forsyth Cumming Johnson, C. O. Spalding Griffin Johnson, G. W. Towns Montiola Joiner, Philip Dougherty Albany Kytle, C. H. White Cleveland Lane, W. A. Brooks Quitman Lastinger, Guilford Clinch Homerville Lee, Augustus H. Newton Covington Linder, George Laurens Dublin Lindsey, Samuel Lee Starkville Madden, John A. Burke Waynesboro Madison, Platte Lincoln Double Branches Matthews, J. W. Houston Fort Valley Maull, J. G. Muscogee Columbus Maxwell, J. A. Henry McDonough McArthur, J. J. Montgomery Mt. Vernon McCormick, J. T. Troup LaGrange McDougald, W. A. Chattahoochee Columbus McWhorter, R. L. Greene Penfield Moore, Romulus Columbia Atlanta Nash, Lewis Gwinnett Yellow River Neal, John Warren Warrenton Nesbitt, J. B. Gordon Calhoun Nisbet, J. C. Dade Cloverdale O'Neal, J. W. Lowndes Valdosta O'Neal, Peter Baldwin Milledgeville Osgood, C. K. Chatham Savannah Page, G. F. Lee Starkville Parks, R. M. Gwinnett Lawrenceville Paulk, Thomas Berrien Nashville Pepper, F. L. Calhoun Morgan Perkins, N. J. Cherokee Ft. Buffington Perkins, Joseph L. Dawson Dawsonville Phillips, R. W. Echols Statonville Porter, James Chatham Savannah Powell, B. F. Decatur Bainbridge Price, W. P. Lumpkin Dahlonega Prudden, S. C. Putnam Eatonton Rainey, Thomas F. Schley Ellaville Rawles, Morgan Effingham Guyton Reddish, Isham Appling Holmesville Reid, A. H. Dougherty Albany Rice, J. Mason Columbia Augusta Richardson, A. Clark Athens Rogers, W. G. B. Union Blairsville Rosser, G. S. Webster Preston Rumph, G. W. Wayne Doctortown Saulter, S. F. Pulaski Hawkinsville Scroggins, F. M. Coweta Newnan Scott, Dunlap Floyd Rome Seale, R. A. Pike Zebulon Sewell, Pierce Coweta Newnan Shackleford, M. Heard Franklin Shumate, I. E. Whitfield Dalton Simms, J. M. Chatham Savannah Sisson, V. P. Fulton Atlanta Smith, F. M. Charlton Trader's Hill Smith, J. R. Coffee Gully Branch Smith, Abram Muscogee Columbus Smith, John Telfair Lumber City Smith, J. D. Ware Waresboro Sorrels, J. B. Walton Monroe Stone, Alexander Jefferson Louisville Strickland, S. L. Paulding Dallas Tapley, J. M. Johnson Wrightsville Tate, U. O. Elbert Elberton Thomason, J. R. Carroll Carrollton Tumlin, W. M. Randolph Cuthbert Turner, H. M. Bibb. Macon Turnipseed, R. A. Clay Ft. Gaines Tweedy, Ephraim Richmond Augusta Vinson, W. G. Crawford Knoxville Ware, Samuel H. Madison Danielsville Warren, John Burke Waynesboro Warren. L. C. A. Quitman Georgetown Watkins, W. W. Colquitt Greenfield Walthall, L. H. Polk Cedartown Wilcox, T. D. Irwin House Creek Welchel, David Hall Gainesville Williams, Samuel Harris Hamilton Williams, W. N. Haralson Buchanan Williams, A. J. Morgan Madison Zellars, W. S. Campbell Palmetto

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JUDICIAL DISTRICTS AND COURT CALENDAR, Revised October, 1870. SUPERIOR COURTSJUDGES AND SOLICITORS. ALBANY CIRCUIT. Peter J. Strozier..... Judge. Richard H. Whiteley..... Solicitor General. BakerThird Mondays in May and November. CalhounThird Mondays in March and September. DecaturFourth Mondays in April and October. DoughertyFirst Mondays in June and December. MitchellSecond Mondays in May and November. WorthFourth Mondays in May and November. ALLAPAHAN CIRCUIT. ..... Judge. ..... Solicitor General. ClinchFourth Tuesdays in April and October. CoffeeSecond Tuesdays in April and October. EcholsOn Tuesdays after the first Mondays in May and November. LowndesFirst Mondays in June and December. WareThird Tuesdays in April and October. ATLANTA CIRCUIT. John L. Hopkins..... Judge. E. P. Howell..... Solicitor General pro tem . DeKalbFourth Mondays in March and September. ClaytonFirst Mondays in March and September. FultonSecond Mondays in April and October. AUGUSTA CIRCUIT. Wm. Gibson..... Judge. ..... Solicitor General. BurkeThird Mondays in May and November. ColumbiaFirst Mondays in May and November. McDuffieFirst Mondays in April and October. RichmondSecond Mondays in January and June. BLUE RIDGE CIRCUIT. Noel B. Knight..... Judge. James M. Bishop..... Solicitor General. CherokeeFirst Mondays in March and fourth Mondays in July. CobbThird Mondays in March and first Mondays in October. DawsonThird Mondays in April and second Mondays in September, ForsythFirst Mondays in April and fourth Mondays in August. FanninThird Mondays in May and October. GilmerSecond Mondays in May and October. LumpkinSecond Mondays in April and first Mondays in September. MiltonFourth Mondays in March and third Mondays in August. PickensFourth Mondays in April and September. TownsThursdays after fourth Mondays in May and October. UnionFourth Mondays in May and October. BRUNSWICK CIRCUIT. W. M. Sessions..... Judge. Isaac W. Christian..... Solicitor General. ApplingFirst Tuesdays in April and October. CamdenOn Thursdays after Charlton Court. CharltonSecond Mondays in May and November. GlynnFourth Mondays in May and November. McIntoshTuesdays after second Mondays in April, and Tuesdays after fourth Mondays in November. PierceTuesdays before first Tuesdays in April and October. WayneThird Mondays in March and September. CHATTAHOOCHEE CIRCUIT. James Johnson..... Judge. Cary J. Thornton..... Solicitor General. ChattahoocheeFourth Mondays in March and September.

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HarrisSecond Mondays in April and October. MarionThird Mondays in April and October. MuscogeeFourth Mondays in May and November. TalbotThird Mondays in March and September. TaylorFirst Mondays in April and October. CHEROKEE CIRCUIT. Josiah R. Parrott..... Judge. Charles E. Broyles..... Solicitor General. BartowThird Mondays in March and September. CatoosaFirst Mondays in March and September. DadeSecond Mondays in May and November. GordonFirst Mondays in April and October. MurrayThird Mondays in April and October. WhitfieldFourth Mondays in April and October. EASTERN CIRCUIT. William Schley..... Judge. Alfred B. Smith..... Solicitor General. BryanFourth Monday in April and Third Mondays after fourth Mondays in October. BullochFridays after third Mondays in March and fourth Mondays in October. ChathamSecond Mondays in January and May. EffinghamMondays after fourth Mondays in March and second Monday in November. LibertyThird Mondays in April and Mondays after fourth Mondays in November. ScrivenFirst Mondays in May and November. FLINT CIRCUIT. James W. Green..... Judge. Lemuel B. Anderson..... Solicitor General. ButtsSecond Mondays in March and September. HenryThird Mondays in April and October. MonroeFourth Mondays in February and August. NewtonThird Mondays in March and September. PikeFirst Mondays in April and October. RockdaleSecond Mondays in March and September. SpaldingFirst Mondays in February and August. UpsonFirst Mondays in May and November. MACON CIRCUIT. Carlton B. Cole..... Judge. Ezbkiel W. Crocker..... Solicitor General. BibbFourth Mondays in April and October. CrawfordSecond Mondays in April and October. DoolyFirst Mondays in April and October. HoustonFourth Mondays in May and second Monday in December. TwiggsThird Mondays in April and October. MIDDLE CIRCUIT. Hansford D. D. Twiggs..... Judge. John R. Prescott..... Solicitor General. EmanuelFirst Mondays in May and November. GlascockSecond Mondays in March and September. JeffersonSecond Mondays in May and November. JohnsonFourth Mondays in April and October. MontgomeryThursdays after second Mondays in March and Thursdays after third Mondays in October. TatnallThird Mondays in March and fourth in October. WashingtonSecond Mondays in April and October. NORTHERN CIRCUIT. Garnett Andrews..... Judge. John M. Mathews..... Solicitor General. ElbertSecond Mondays in March and September. HancockSecond Mondays in April and October. HartThird Mondays in March and September. LincolnFourth Mondays in April and October. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in April and October. TaliaferroSecond Mondays in May and November. WarrenFirst Mondays in April and October. WilkesFirst Mondays in May and November. OCMULGEE CIRCUIT. Philip B. Robinson..... Judge. Fleming Jordan..... Solicitor General. BaldwinFourth Mondays in February and August. GreeneSecond Mondays in March and September. JasperFourth Mondays in April and October. JonesThird Mondays in April and October. MorganFrst Mondays in March and September. PutnamThird Mondays in March and September.

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WilkinsonFirst Mondays in April and October. PATAULA CIRCUIT. David B. Harrell Judge. S. Wise Parker Solicitor General. ClayFourth Mondays in March and September. EarlyFirst Mondays in April and October. MillerSecond Mondays in April and October. QuitmanThird Mondays in May and November. RandolphFirst Mondays in May and November. StewartThird Mondays in April and October. TerrellFourth Mondays in May and November. ROME CIRCUIT. Robt D. Harvey Judge. C. D. Forsyth Solicitor General. ChattoogaFirst Mondays in March and September. FloydThird Mondays in January and July. PolkSecond Mondays in February and August. PauldingFirst Mondays in February and August. HaralsonFourth Mondays in March and September. WalkerLast Mondays in February and August. SOUTHERN CIRCUIT. John R. Alexander Judge. Wm. B. Bennett Solicitor General. BerrienThird Mondays in March and September. BrooksThird and fourth Mondays in May and November. ColquittWednesdays after first Mondays in May and November. DodgeFridays after second Mondays in April and October. IrwinFridays after second Mondays in March and September. LaurensSecond Mondays in April and October. PulaskiThird Mondays in April and October. TelfairFourth Mondays in April and October. ThomasFirst and second Mondays in June and December. WilcoxSecond Mondays in March and September. SOUTHWESTERN CIRCUIT. James M. Clark Judge. Thos. P. Lloyd Solicitor General. LeeFourth Mondays in March and September. MaconFirst Monday in December and third Monday in May. SchleySecond Mondays in April and October. SumterSecond Mondays in April and October. WebsterSecond Mondays in March and September. TALLAPOOSA CIRCUIT. John S. Bigby Judge. Wm. A. Adams Solicitor General. CampbellSecond Mondays in April and October. CowetaFirst Mondays in March and September. DouglassThird Mondays in April and October. HeardThird Mondays in March and September. TroupThird Mondays in May and November. FayetteFourth Mondays in April and October. MeriwetherThird Mondays in February and August. CarrollFirst Mondays in April and October. WESTERN CIRCUIT. Charles D. Davis Judge. William L. Marler Solicitor General. BanksFirst Mondays in April and October. ClarkFirst Monday in February and second Monday in August. FranklinSecond Mondays in April and October. GwinnettFirst Mondays in March and second Mondays in September. HabershamThird Mondays in April and October. HallThird Mondays in March and September. JacksonFourth Mondays in February and August. RabunFirst Mondays in April and October. WaltonThird Mondays in February and August. WhiteMonday after fourth Monday in April and October.

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INDEX. ADMINISTRATORS May invest funds of widows, c., in homestead 83 AGRICULTURAL PRODUCTS Act relative to sale of, by laborers, repealed 73 ALIMONY To family of husband in divorce cases, 84 How granted, when husband and wife are living separately 85 APPEALS From Justices' Courts relative to laborers' liens 82 In City Courts of Augusta abolished 16 APPROPRIATIONS General 60 to 65 BILLS OF EXCEPTION In cases of injunctionhow tendered and certified 91 BONDS To secure school fund 3 Issue of, to redeem outstanding, when due 4 Of railroadswhen endorsed by State 5 Of railroads endorsed by Statewhere registered 70 CAPITATION TAX Collection of, by counties, c., prohibited 48 CAPITOL BUILDING Resolution relative to purchase of 93 CERTIORARI From District Court 80 CITY OF AUGUSTA Limits of, extended 71 CLAIMS Affidavit of claimant unable to give bond 76 CODE Resolution relative to revision of 96 CODE AMENDMENTS Section 874 (Publication of unreturned wild lands 53 Section 1969 (Mode of enforcing liens) 14 Section 2741 (Holidays relative to paying notes, c 65 Section 3151 (Dissolution of injunctions) 74 Section 4245 (Chain gang system abolished) 74 Section 4514 (Receipts of Transportation Companies) 66 COMMON CARRIERS Act to regulate 43 COMPTROLLER GENERAL Official seal of 42 Certain acts of, legalized 94 CONVENTION SCRIP Treasurer to redeem 14 Received in settlement of Convention tax 15 COSTS In criminal cases, when venue is changed 72 COUNTIES McDuffie county created 34 to 36 Rockdale county created 37 to 38 Douglass county created 45 to 48 COURT CALENDAR Sessions of Superior Court 100 CRIMINAL COURT Act to organize, repealed 67 , 75 , 81 DEADLY WEAPONS Punishment for carrying of 42 DEBTORS Relief of 31 DISTRICT COURT Organization and jurisdiction of 77 to 79 CertiorariesJuriesDockets 80 , 81 EDUCATION State Board of 19 State School Commissioner 20 County Board of 22 School Directors 26 Teachers 28 Ambulatory schools 29 Common school fund 30 ELECTION Of members of Congress, Legislature and County Officers 6 Managers of, by whom appointed 7 EXECUTIONS Endorsement of, by officers 51 EXECUTIVE MANSION Resolution relative to purchase of 94 EXECUTIVE WARRANTS Resolution relative to payment of 95 FEES Of officers for setting apart homestead 43 Table of, in public offices 48 GUARDIANS May purchase homestead for minorswhen 83 HEAD RIGHTS Time for issuing, extended 51

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HOMESTEAD Fees of officers for setting apart 43 Act to set apart, amended 75 Of widows and minorshow set apart 83 Personal property consisting in cashhow set apart 85 IMMIGRATION Act to encourage, repealed 39 INJUNCTIONS Proceedings on motions to dissolve 74 Mode of granting 90 91 INSOLVENT COSTS Act to levy tax for payment of, repealed 13 INSPECTORS OF FERTILIZERS Act relative to, amended 73 JUDGES Salaries of 49 JUDGMENTS On bonds of supersedeashow entered 92 JUDICIAL CIRCUITS Albany and Allapahan Circuits created 34 Augusta Circuit created 54 Glascock transferred from Northern to Middle 15 Certain counties transferred to Southwestern 40 41 Counties in each 100 JURIES For District Courthow drawn 80 JURY BOXES Certain revisions of, legalized 12 Commissioners revising, must take oath 67 KEROSENE OIL Standard of 60 Punishment for selling of, below standard 60 LEGISLATURE Time of annual meeting of 69 LIENS Mode of enforcing 14 Of set-off and recoupment 31 to 33 Of mill-owners for lumber furnished 52 LOAN To pay Legislature 4 To pay Civil Establishment, c 5 MAIMED PERSONS May peddle without license 92 MINING Miners may enter lands of others 50 MINING PHOSPHATES Right of, granted certain persons 17 MISDEMEANORS Jurisdiction of, by Superior Courts 89 NOLLE PROSEQUI When allowed 83 PARTITIONERS Of lands owned by co-tenants liable to rulewhen 72 PLEAS Attestation of, by officers of other States 59 POLL TAX For 1868-'69-'70 declared illegal 66 PUBLIC INSTRUCTION Act to establish system of 19 to 31 PUBLIC ROADS Classification of 41 Maimed persons exempt from working of 51 PROCESSES Issued by Clerks of Atlanta Circuit lega ized 12 SUPERIOR COURTS Time of holding in Macon Circuit 10 In Atlanta Circuit 11 In Houston, Twiggs and Catoosa 11 In Marion 12 In Wilkes 15 In Paulding 39 In Morgan 40 In Bryan, McIntosh and Effingham 40 In Wayne 53 In Worth 68 In Emanuel and Taliaferro 76 In Rabun 82 Adjournment of, in Fulton county, legalized 12 Adjournment of, in Lumpkin county, legalized 49 Table of sessions of 100 SUPREME COURT Time of holding 68 Practice in connection with 89 SUPREME COURT REPORTS Act to publish, amended 16 Distribution of 44 TAX Convention 15 Capitation, by counties, c., illegal 48 Poll, for 1868, '69 and '70, illegal 66 RAILROADS Conditions precedent to State's endorsement on bonds of 5 Central Railroad, banking privileges of, renewed 18 Georgia Railroad, capital stock of 18 Georgia Railroad, banking privileges of, renewed 44 Crossing of, by other railroads 69 Must furnish equal accommodations, without regard to race, c.when, 69 Bonds of, endorsed by Statewhere registered 70 Table of, to whom State aid was granted by Legislature of 1870 97 SCHOOL FUND Act to set apart and secure 3 Of Statehow made up 30 WESTERN ATLANTIC RAILROAD Lease of 55 to 58 WILD LANDS Book showing persons returningwhere kept 95